CONFIDENTIALITY AND SECURITY POLICY OF PERSONAL DATA PROCESSING FOR USERS OF KOPILOT APPLICATION

Last modified: 28.11.2023 08:30:00

The owner of Kopilot application, sc. SMART DIESEL SRL, hereinafter referred to as the “Company”, knows the importance of your data and is committed to protecting the confidentiality and security thereof. Therefore, it is important for us to provide you in an integrated and practical manner the information related to the processing of your personal data as data subjects (users of Kopilot application or of the website www.kopilot.ro, customers, potential customers) within this Privacy and Security Policy of Personal Data Processing (the Policy), applicable for the purposes listed below.

It is important for you to read this Policy along with any other confidentiality notice or proper processing notice we may provide you on certain occasions when we collect or retrieve personal data about you so that you know how and why we use your data.

This Policy applies to all devices used to access the Kopilot application and the website www.kopilot.ro, including smartphone or tablet devices. If you do not agree with the terms and conditions related to the use thereof (set out in this document from the point of view of personal data protection) please do not use our application or website and do not provide us with your data.

The owner of the Kopilot application, the Company, processes personal data in accordance with the provisions of Law no. 677/2001 and, starting with 25 May 2018, with the provisions of the General Regulation on Data Protection no. 679/2016, and manages safely and only for the specified purposes, the personal data you provide us about you, in the context of visiting the application or website and purchasing our services.

By continuing to use our application, website and services after reviewing this Policy, you agree to this and to the collection and processing of your personal data by the company holding the Kopilot application.

THE PURPOSES FOR WHICH WE COLLECT AND PROCESS YOUR PERSONAL DATA

The owner of the Kopilot application, the Company, collects and processes your personal data for the following processing purposes:

1. Administration, improvement and implementation of the services provided by the Kopilot application and website, as well as for the provision of information or news from transports for Kopilot users/customers taking into account the countries of interest or those transited by them.
2. Commercial activities of sales of services, including performance, administration and development of the sales of services, administration of customer accounts, market surveys / research, statistics;
3. Advertising, marketing and publicity, service promotion activities, conducting promotional campaigns, sending newsletters, tracking and monitoring sales of services and consumer behavior.
4. After-sales activities, including customer relations services, informing users/customers regarding the evaluation of the services offered (including the evaluation of services through the application or on the website www.kopilot.ro).
5. For purposes of proof in connection with the above activities and for the purpose of archiving.

CATEGORIES OF PERSONAL DATA WE PROCESS

To achieve the above purposes, we process the following categories of personal data:

1. For the administration, improvement and performance of the services provided by the Kopilot application and the website www.kopilot.ro: surname, first name, address (domicile/residence), e-mail address, date and place of birth, technical information on the visitor’s device (its location (including information about interests, route information, as well as sending the location only to Kopilot servers, in order to send the News of interest to the customer/user, following the acceptance of this policy thus accepting location sharing), IP address, type of computer hardware used), time frame information, as well as the date when the Kopilot website or application was used.
2. For commercial activities of sales of services including performance, administration and development of sales, including online sales through the application or on the website www.kopilot.ro, customer account administration, market research / surveys, statistics: surname, first name, address (domicile/residence), personal identification number, e-mail, date and place of birth, citizenship, delivery addresses.
3. For advertising, marketing and publicity, service promotion activities, conducting promotional campaigns, sending newsletters, tracking and monitoring sales and consumer behavior: surname and first name, date and place of birth, telephone/fax, e-mail, address (domicile/residence) – in addition we process data consisting of the personal identification number, series and number of the identity document and for compliance with the requirements of the tax legislation.
4. For after-sales activities, including customer relations services, informing users / customers about the evaluation of services offered, improving the quality of services: surname and first name, date and place of birth, telephone/fax, e-mail, address (domicile/residence), other data resulting from the evaluation of products by customers – in addition, we also process data related to: personal identification number, series and number of the identity document, bank details, only for situations in which replacements of Services occur.
5. For purposes of proof in connection with the above activities and for archiving purposes: storage of personal data for the purposes described above for keeping records related to the activities carried out, to protect legal rights and to exercise other rights under the law and contracts concluded, the fulfillment of any archiving requirements in accordance with the legal provisions.

The personal data benefiting from a special protection regime such as the personal identification number, series and number of the identity document will be collected and processed under restrictive conditions and in accordance with the legal provisions to ensure the compliance with applicable data protection rules related thereto.

We do not collect any special category of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and biometric and genetic data). We also do not collect any information about criminal convictions and offences.

The provision of personal data is necessary for SMART DIESEL SRL to perform the activities listed according to the above. A refusal on your part to provide us with this data could lead to the impossibility on the part of SMART DIESEL SRL to provide you with those services, information, to respond to your requests or to carry out any other activities among those listed above.

The personal data collected by the owner of the Kopilot application, the Company, and which may concern you are your data as shareholder/ stockholder/ director/ manager or legal or conventional representative/ employee/ collaborator of the Customer, namely:

1. copies of identity documents on hard copy, residence permits or passport;
2. name and personal identification number in electronic format;
3. e-mail;
4. registration numbers, chassis series;
5. GPS monitoring of the vehicle (location, speed) (i.e. the vehicles of the Company’s customers who sign a contract for the use of the Kopilot application are monitored by GPS. In order to use the application, when installing it, the user is required to give his consent to the use of the GPS by the application.).
6. the e-mail address for the purpose of registration for any means of printed or electronic mail.

The employees of the company holding the Kopilot application, SC SMART DIESEL SRL, have access to the data collected and/or processed.

Your personal data is made available to the transport company with which we have a contract for the Kopilot application, in order for the dispatcher to track the position of the cars in their fleets, namely to identify on the map the exact position of various events: loading, arrival at destination, etc., as well as to generate reports, such as the travel record.

The data collected by us are stored on the company’s servers (at the Company’s headquarters) or in specialized data centers. The servers on which the Kopilot services and applications run are virtualized machines that are maintained and managed directly by the company’s technical staff. The data center staff does not manage the servers running on these virtual machines, but only the communications and systems infrastructure where they are installed.

The collected GPS data will be stored for a maximum period of 3 years, unless an incident is found, in which case the data will be stored for the period necessary to conduct any internal investigation and/or conduct and definitively solve any legal proceedings.

WAYS IN WHICH WE COLLECT YOUR PERSONAL DATA

We use various methods to collect your data and the data about you, including:

Direct interactions. You can give us your identity, contact and financial data by filling in the forms available through the Kopilot application or the website www.kopilot.ro or by correspondence with us by mail, telephone, e-mail or otherwise. These include personal data that you provide when (i) you order our products or services; (ii) you request the marketing information that will be sent to you; (iii) you subscribe to our services or publications; (iv) you request the marketing information that will be sent to you; (v) you enter a contest or survey; (vi) you fill in a feedback form or provide us with your feedback in any other way;

Automated technologies or interactions. As you interact with our website, we may automatically collect technical data about your equipment, actions, and navigation patterns. We collect this personal data using cookies and other similar technologies. We may also receive technical data about you if you visit other websites that use our cookies. Please see our cookie policy below for more details.

THE DURATION OF DATA PROCESSING

The owner of the Kopilot application, the Company, will retain the personal data for as long as is necessary to fulfill the purposes for which we collected it, including in order to meet any legal, accounting or reporting requirements.

To determine the appropriate retention period for personal data, we consider the value, nature and sensitivity of your personal data, the potential risk of harm caused by unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and we may achieve these purposes by other means and applicable legal requirements.

In certain circumstances, we may make your personal data anonymous (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information for an unlimited period of time without notifying you in advance.

In order to achieve the mentioned processing purposes, the owner of the Kopilot application, SC. SMART DIESEL SRL, will process the personal data during the performance of the services offered, as well as subsequently in order to comply with the applicable legal obligations, including, but not limited to, the provisions regarding the archiving obligation.

TO WHOM WE DISCLOSE YOUR PERSONAL DATA

In order to achieve one or more of the above purposes, the owner of the Kopilot application, SMART DIESEL SRL, may disclose your personal data to the following categories of recipients:

1. contractual partners of the company (such as the companies with which we have partnerships, but only on the basis of a confidentiality commitment on their part, which guarantees that this data is kept secure and that the provision of this personal information is made in accordance with the legislation in force);
2. service providers (marketing, payment/banking services or other services), including entities that assist SMART DIESEL SRL in the processing of data as processors, insurers, public authorities (Prosecutor’s Office, Police, courts of law and other competent State bodies), based on and within the limits of the legal provisions and as a result of expressly formulated requests, to other companies from the same group as SMART DIESEL SRL; as well as you as a data subject in the context of exercising your right of access.
3. affiliated companies (with respect to any party in control that a party will be deemed to have control if such party directly or indirectly, or acting through one or more parties, owns, controls or has power to vote at least fifty percent (50%) of the issued and outstanding voting stock or other equity interest of such party; or such party controls the management or operation of such party)

The data recorded by the company owning the Kopilot application is not sent to third parties and is only used for the purpose of improving the services of SMART DIESEL SRL.

DATA SECURITY

The owner of the Kopilot application, SC. SMART DIESEL SRL, attaches great importance to your personal data and understands to ensure adequate security during the processing activities. To this end, we implement technical and organizational measures to protect against unauthorized or illegal processing and against accidental loss, destruction or damage.

YOUR RIGHTS

• the right to information, namely the right to receive details regarding the processing activities performed by the owner of the Kopilot application, SC. SMART DIESEL SRL, as described in this document;
• the right of access to data, namely the right to obtain confirmation from SC SMART DIESEL SRL regarding the processing of personal data, as well as details regarding the processing activities;
• the right to rectification, namely the right to obtain the rectification by SC SMART DIESEL SRL of inaccurate data, as well as the completion of incomplete data;
• the right to delete data (“the right to be forgotten”), provided that the conditions provided by the law are met – but it is possible that, following the request for deletion of data, SC SMART DIESEL SRL will make this data anonymous (thus depriving them from the personal nature) and to continue under these conditions the processing of data for statistical purposes;
• as of 25 May 2018, the right to restrict the processing insofar as the conditions provided by law are met;
• as of 25 May 2018, the right to data portability, namely: (i) the right to receive personal data in a structured, commonly used and easy-to-read format, and (ii) the right for these data to be sent by the owner of the Kopilot application, s.c. SMART DIESEL SRL to another data controller, insofar as the conditions provided by the law are met;
• the right to object – with regard to the processing activities carried out for direct marketing purposes, including profiling activities, the right of opposition may be exercised at any time, by submitting a request as indicated below;
• the right not to be subject to an automatic individual decision, namely the right not to be the subject of a decision only taken on the basis of automatic processing activities;
• the right to address the National Supervisory Authority for the Processing of Personal Data or the competent authorities, insofar as you deem it necessary;

You may exercise these rights and you can oppose at any time and without justification the processing of your personal data for direct marketing purposes, by sending to the owner of the Kopilot application, SC. SMART DIESEL SRL (through the Kopilot application, or on the web-site www.kopilot.ro at the e-mail address office@kopilot.ro a written request, dated and signed to this end. In this case, your request will be forwarded to the Company’s specialized department. After sending your request, it is likely that you will receive a message confirming that your option has been registered, as well as any other necessary information, as appropriate.

We try to respond to all requests within one calendar month. Occasionally, this process may take longer if your request is particularly complex or if you have made multiple requests. In this case, we will let you know and keep you informed.

Please check this Confidentiality and Security Policy of Personal Data Processing each time you use our website to be kept informed of any updates thereto.

DATA PROCESSING AGREEMENT FOR MARKETING PURPOSES

I agree that my personal data will be processed as follows: i) for direct marketing purposes by SMS, e-mail, fax or telephone call, notifications via mobile applications, receiving newsletters, personalized offers and other commercial communications addressed to the purposes of the Company’s Policy ii) for the purpose of participating in contests and raffles or for the purpose of being informed about the events organized by the Company iii) for the purpose of contacting to obtain the opinion on the company’s services and products. I understand that expressing the consent to the processing of my personal data for the purposes mentioned above is my choice, freely and specifically expressed, being fully informed of the processing operations for which I have given my consent.