This document lays out the responsibilities of TrackerWay, hereafter referred to as TrackerWay, to its customers with regards to data protection in general and the European Union’s General Data Protection Regulation (GDPR) specifically.
This document applies from 21 May 2018
1. TrackerWay as Data Processor, Definitions
TrackerWay is a Data Processor operating on behalf of its customers.
Customers are individuals or organizations paying money to use the TrackerWay service. Free trial users of the TrackerWay Service are not Customers and should not send TrackerWay personal data.
TrackerWay’s Customers are Data Controllers.
“Personal data” means any information relating to an identified or identifiable person.
“Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR and, to the extent applicable, the data protection and privacy laws of the European Union.
“Services” means the TrackerWay Tracking Software and the professional services provided by TrackerWay.
“Sub-processor” means any Data Processor engaged by TrackerWay.
“Data Subject” means the individual to whom Personal Data relates.
2. Processing of Personal Data
Use of the service implies that TrackerWay may process personal data on behalf of the Data Controller in accordance with the requirements of Data Protection Laws. The Data Controller will ensure that instructions to TrackerWay for the processing of personal data comply with Data Protection Laws. The Data Controller is solely responsible for the accuracy, quality, and legality of Personal Data and the means by which it acquires personal data.
The inputs to the TrackerWay Service provided by the Data Controller are geographic coordinates or placenames/addresses. No other data should be sent to TrackerWay. The Data Processor is advised to make full use of these options and bears sole responsibility for failure to do so.
TrackerWay will never reveal/share/sell the data of their clients to third parties.
3. Rights of Data Subjects
The Data Controller is solely responsible for the collecting of all necessary consent from Data Subjects to allow TrackerWay to process personal data on its behalf.
TrackerWay will, to the extent legally permitted, promptly notify the Data Controller if it receives a request from a Data Subject for access to, or deletion of, that person’s personal data. TrackerWay will not respond to a Data Subject request without the Data Controllers prior written consent except to confirm that the request relates to the Data Controller. The Data Controller is solely responsible for completing such request as required by law.
TrackerWay ensures that its personnel engaged in the processing of personal data are informed of the confidential nature of the personal data, have received appropriate training on their responsibilities and have agreed to confidentiality obligations that survive the termination of that persons’ employment or engagement by TrackerWay
TrackerWay shall take commercially reasonable steps to ensure the reliability of any TrackerWay personnel engaged in the processing of personal data and that access to personal data by TrackerWay is limited to that TrackerWay personnel who require such access to perform the Services.
The Data Controller agrees TrackerWay may engage third-party Sub-processors to provide the Services and such Sub-processors may access personal data, and appoint additional levels of Sub-processors, only for purposes of providing the services TrackerWay retained them to provide and not for any other purpose.
TrackerWay agrees to be liable for the acts and omissions of its Sub-processors to the same extent TrackerWay would be liable if performing the services of each Sub-processor directly under the terms of this agreement.
TrackerWay agrees to implement and maintain the administrative, technical, and physical safeguards of personal data stored using the Services.
7. Security Breach Management and Notification
If TrackerWay becomes aware of unlawful access to the Data Controller’s personal data stored through the Services, or unauthorized access to the Services resulting in loss, disclosure, or alteration of the Data Controller’s personal data (“Security Breach”), TrackerWay will promptly: (a) notify the Data Controller of the Security Breach; (b) investigate the Security Breach and provide the Data Controller with information known to TrackerWay about the Security Breach; and (c) follow its policies and procedures to mitigate the effects and to minimize any damage resulting from the Security Breach.
The Data Controller agrees that an unsuccessful Security Breach attempt will not be subject to Section 7.1 above. An unsuccessful Security Breach attempt is one that results in no unauthorized access to the Data Controller’s personal data or to the Services storing your Personal Data, and may include, without limitation, pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, packet sniffing (or other unauthorized access to traffic data that does not result in access beyond IP addresses or headers) or similar incidents.
Notification(s) of Security Breaches, if any, will be delivered to one or more of the Customer’s business, technical or administrative contacts by any means TrackerWay selects, including via email. It is Customer’s sole responsibility to ensure it maintains accurate contact information on TrackerWay support systems at all times.
TrackerWay report of and/or response to a Security Breach under this Section will not be construed as an admission by TrackerWay to fault or liability with respect to the Security Breach.
8. Deletion of Customer Data
TrackerWay agrees to delete Customer personal data and all relevant information in accordance with TrackerWay procedures and Data Protection Laws.
At a Customer’s request, TrackerWay provides the Customer with a certification of deletion of personal data.
9. Legal Effect
This agreement comes into effect from the time of purchase of a TrackerWay subscription. It expires with cessation of the Customer’s TrackerWay subscription.