Data pivacy policy
Updated July 9 2023
PRIVACY POLICY
Flexcavo GmbH collect and use your data, to help you optimize your business and everyday life. We fully understand that you value your privacy. Flexcavo is committed to provide state of the art cyber security and
data protection. We believe privacy is about freedom and being able to decide for yourself how your data is
used and by whom. This is why we have established our Privacy Principles:
We will always keep you fully informed about your data.
We make sure you understand which data from or about you we use, why we use it, how long we use it and
who can use it. We enable you to remain in control of your data. We consider the data from or about you to
be yours. We only use it for the purposes for which you have given it to us, or for which we collected it from
you. At any time, you can opt-out or opt-in using our software and websites. Flexcavo is the data processor
and processes data on behalf of the data controller in accordance with the General Data Protection
Regulation in the EU. Flexcavo shall act only on instructions from you. Flexcavo shall implement appropriate
technical and organisational security measures to protect data against accidental or unlawful destruction,
loss or alteration and against unauthorized disclosure, abuse or other processing in violation of the provisions
laid down in the General Data Protection Regulation in the EU. Upon request, Flexcavo shall within
reasonable time provide you with sufficient information as described in the GDPR.
WE PROTECT YOUR DATA.
Your data is yours. We keep it that way by protecting it as best as we reasonably can to prevent it from falling
into the wrong hands. We do this through encryption, anonymisation, or pseudonymisation of your data.
This way we keep your data safe. We will tell you which data from or about you we use, why we use it, how
long we use it, who else can use it and where it is kept. We will only use your data for the purposes we have
stated to you. We keep as little of your data as possible, and only for as long as we need it. When we no
longer need data we destroy it or we irreversibly anonymise it, so it is no longer linked to you. If we ask your
permission to use your data for specific purposes, we also always allow you to withdraw your permission.
We will allow you to access and correct your data if it is linked to your Flexcavo Applications. We will keep
protecting your data against unauthorized access and accidental loss as best as we reasonably can. If we
engage others to use your information on our behalf, we will ensure they act in accordance with our policies.
If we share your data with others, we will first ask you for permission, unless there is a legal obligation that
prohibits us from asking. We are open to any questions you may have about how we use your data and we
will answer them. We operate according to the privacy laws applicable in your country. Because we are
rooted in Europe, the General Data Protection Regulation is always in effect. These laws are considered to
be the most extensive in the world. They offer a high level of protection to you by only allowing us to use
your data when the strict conditions of these laws are met. Our company policy on privacy and processing of
personal data reflects these laws and we apply this policy globally.
DEFINITIONS
Any authorised user can only see the data to which access has been granted by the account administrator,
i.e. either all machines in the fleet or only selected machines. We always have the opportunity to access and
correct your data on your behalf Access by Flexcavo is limited to employees that need to have access to
provide our services.
Customer: The Customer is either the end-customer, rental company, distributor or OEM (either data
controller or data processor).Data Controller: The Data Controller is the end-customer owning the equipment in which tracking devices
Data Controller: The Data Controller is the end-customer owning the equipment in which tracking devices
have been installed.
with the requirements in the GDPR and uploaded a Data Processing Agreement (DPA) and Standard
Contractual Clauses, which can be downloaded here.
Data Subjects: The Data Subjects are the operators of the end-customer ́s equipment in which tracking
devices have been installed.
Personal Data: any information relating to an identified or identifiable natural person ('Data subject', user);
an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an
identification number or to one or more factors specific to his physical, physiological, mental, economic,
cultural or social identity.
Processing of Personal Data ‘processing': any operation or set of operations which is performed upon
Personal Data, such as collection, recording, organization, storage, adaptation or alteration, retrieval,
consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or
combination, blocking, erasure or destruction.
Purpose of Processing: Flexcavo Processes Personal Data only for purposes that are necessary in order for
Flexcavo to provide fleet management and telematics. Further, Flexcavo may aggregate and/or anonymize
Personal Data and Process such aggregated or anonymized data for statistical purposes, innovated, development and benchmarks.
the media format to be used by Flexcavo when returning the Personal Data and to determine if Personal Data
should instead be deleted. If you choose to have the data deleted, please be aware that the data Flexcavo is
processing on your behalf, may be required in relation to other legislation and when fully deleted the data
cannot be recovered again, and could put you as a Customer at risk of not complying with safety and similar
regulations.
Storage: Flexcavo stores data from the tracking devices on the clouds from Amazon Web Services. The
Customer decides how long Personal Data shall be stored.
FLEXCAVO WILL PROCESS PERSONAL DATA FAIRLY AND LAWFULLY.
Flexcavo will collect Personal Data for specified, explicit and legitimate purposes and will not further process
Personal Data in a way incompatible with those purposes. Flexcavo will ensure Personal Data is adequate,
relevant and not excessive in relation to the purposes for which they are collected and/or further processed.
Flexcavo will ensure Personal Data are accurate and, where necessary, kept up to date. Flexcavo will keep
Personal Data in a form which permits identification of its users for no longer than is necessary for the
purposes for which the Personal Data were collected or for which they are further processed.
FLEXCAVO WILL PROCESS PERSONAL ONLY IF:
contract to which the user is party or in order to take steps at the request of the user prior to entering into a
contract; or c) processing is necessary for compliance with a legal obligation to which Flexcavo is subject; or
d) processing is necessary for the purposes of the legitimate interests pursued Flexcavo, except where such
opinions, religious or philosophical beliefs, trade-union membership, or Personal Data concerning health or
sex life. Flexcavo will avoid processing Personal Data related to persons under the age of 13 years. To ensure
fair processing of Personal Data, Flexcavo will inform its users of for example: The purposes of the processing, the categories of the Personal Data concerned, the categories of the recipients of the Personal Data, how to access and rectify their Personal Data. We process data on your behalf, and only under direct contract, or consent by you, you can at any and all time access, correct, or have your data deleted from our system.
Flexcavo implements appropriate technical and organisational measures to protect Personal Data against
accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in
particular where the processing involves the transmission of Personal Data over a network, and against all
other unlawful forms of processing. Flexcavo does so having regard to the state of the art and the cost of
their implementation, ensuring a level of security appropriate to the risks represented by the processing and
the nature of the Personal Data to be protected. In case processing is carried out on Flexcavo’s behalf,
Flexcavo will choose a processor providing sufficient guarantees in respect of the technical security measures
and organisational measures governing the processing to be carried out and will ensure compliance with
those measure. In these cases, Flexcavo will ensure the processing is governed by a contract binding the
processor to the controller and stipulating in particular that: a) The processor shall act only on instructions
from Flexcavo; b) The provisions of this policy are applied to the processor. In principle Flexcavo will process
Personal Data in the European Economic Area (EEA). In those cases, where Personal Data is transferred or
processed outside the EEA by Flexcavo or on Flexcavo’s behalf, Flexcavo will ensure adequate safeguards
with respect to the protection of the privacy and fundamental rights and freedoms of individuals and as
regards the exercise of the corresponding rights by applying appropriate contractual clauses or other
acceptable legally binding instruments. In case Flexcavo remotely stores information, or gains access to (any)
data already stored, in a device of a user, Flexcavo will ensure the user concerned has given his or her
consent, having been provided with clear and comprehensive information, about the purposes of the
processing. This shall not prevent Flexcavo from any technical storage or access for the sole purpose of
carrying out the transmission of a communication over an electronic communications network, or as strictly
necessary in order for Flexcavo to provide a service explicitly requested by the user.
If you need your data transferred to another system, you can do so using our public API. If you have any
questions or requests regarding this, you can always contact us at dpo@trackunit.com
data we collect.
When you use our sites, our products and our services we collect data from you or about you. What data we
exactly collect depend on what you use and how you use it. In general, there are 3 categories of data we
collect and use:
Machine Data
Our main business is the processing of information relating to machinery processes (e.g. allocation planning,
service and maintenance, etc.) which is enhanced with telematics data. The telematics data we collect
includes but is not limited to: Latitude, Longitude, Speed, Heading, number of kilometres, number of hours
used, status of inputs, status of outputs, we can upon your request register the operator, fuel usage and
temperature of hydraulic oil.
Data you provide
This is the data you enter yourself when using our products and services. This data includes for example your
name, gender, email address, site locations and addresses.
Data collected by sensors
A lot of our products come equipped with one or more sensors or use the sensors of the devices they run on.
Examples of sensors are GPS receivers, WiFi or Bluetooth receivers, G-force sensors, and touch sensitive
screens. These sensors, when activated, will automatically collect data. Depending on the purpose for which
it was captured, the data in combination with data that identifies you or your device can be sent to Flexcavo
and others for subsequent use.
Metadata
This refers to any data that is collected or automatically generated while you use Flexcavo sites, products or
services. In many cases metadata is collected or generated inherent to you using a computing device or
inherent to transmitting data over computer networks, such as the internet. This data includes user interface
and other device usage events, IP-addresses, unique device identifiers, Wi-Fi and Bluetooth MAC addresses,
cookies and records of computer activity. Flexcavo shall refrain from selling or disclosing data unless
according to written agreement with the rightful owner(s) or according to court order. However, Flexcavo
has the right to analyse and disclose market statistics.
flexcavo account.
Flexcavo uses your Flexcavo account to grant you access to downloadable content, services you are
subscribed to or have activated, software upgrades and sections of our website which need registration. We
also use your Flexcavo account when you want to purchase additional items and to tailor our offerings to
you. The way in which Flexcavo uses your Flexcavo account also depends on the software and device or
system you use. We will use your email address occasionally to send information related to the products and
services registered to your Flexcavo account. We will only do this if there are updates you need to be aware
of to ensure you can use your product in a safe, reliable way, without interruption or if there is a legal
requirement to contact you. Should you wish to delete your Flexcavo account, please contact Flexcavo
directly. We will not share your Flexcavo account details with anyone else, unless they work under our
responsibility, according to our instructions or when explicitly and lawfully ordered to do so following due
legal process. You can write the DPO, Thomas Christiansen, directly at, dpo@trackunit.com If you are not
satisfied with your requests under this statement, this being, the right to transfer data, the right to rectify
data or the right to retract your consent, you can always contact the BfDI (Der Bundesbeauftragte für den
Datenschutz und die Informationsfreiheit) at poststelle@bfdi.bund.de.