Data processing terms
Pursuant to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
This personal data processing agreement (“Agreement”) contains the conditions for the processing of personal data between company ALFA LOGISTIKA Ltd, VAT ID HR02706843298, (“ALFA LOGISTIKA”) and any other company, organization, institution, or legal entity (“User”) that uses the services of ALFA LOGISTIKA for monitoring and processing personal data of employees or other persons within the services it uses. (“Service”).
Subject of the contract
The User, as the data processing manager, instructs ALFA LOGISTIKA to process personal data to provide services to the User in accordance with the Service Agreement concluded between the User and ALFA LOGISTIKA or in accordance with terms and conditions for service. In relation to personal data received from the User or from the computer systems of the company ALFA LOGISTIKA, during the provision of the Services, the User acts as the data processing manager, and ALFA LOGISTIKA as the data processing executor.
The computer systems (Sass, Web sites) of the data processing executor (“ALFA LOGISTIKA”) to which these Terms of Personal Data Processing apply are:
- Tacho analyzer,
- Tachograph data analysis and processing service,
- Gps tracking shop,
- Gps tracking platform.
For the avoidance of doubt, this Agreement contains complete and final instructions to the User towards ALFA LOGISTIKA regarding the processing of personal data of the User’s data carriers, and therefore constitutes a binding agreement on data processing in accordance with applicable laws and regulations on personal data protection.
When ALFA LOGISTIKA processes personal data on behalf of the User as the controller, any inquiry, request, remark or objection that the data subject (for example the employee of the User) may have regarding the processing of personal data relating to the Services should be addressed and resolved by the User as the head of personal data processing.
Purpose of processing
ALFA LOGISTIKA processes personal data for the purpose of providing the Services, improving, and resolving any problems related to the Services that the User may experience, and providing the best possible user experience.
ALFA LOGISTIKA collects and processes personal data for the following, but not limited purposes:
- Registration of the User for the use of the Services, authentication, and creation of the user account;
- Sending invoices and processing payments for User Services;
- Personalization of the use of the Services to the User after determining the user account settings;
- Analyzing the User’s preferences or use of the Services;
- Communication with the User or the data carrier for the purpose of informing about ALFA LOGISTIKA Services, providing any support related to the Services, answering inquiries, and processing requests;
- Improving the Services or developing new content;
- Analysis and assessment of how the Services are used. For example, ALFA LOGISTIKA analyzes data on the use of services for the purpose of optimizing product design, reporting, and statistics;
- Delivery of personalized ads, promotions, and offers;
- Protect the legal interests of ALFA LOGISTIKA, its customers, and other third parties for legal reasons, such as the implementation of our Terms of Business and General Terms, Conditions or Rules, compliance with any applicable laws, and cooperation with law enforcement authorities.
Types of personal data and categories of data carriers
ALFA LOGISTIKA collects, creates, and receives information in various ways when the User uses the Services or places an order. Some of this information is personal information.
Categories of data carriers include employees of the User, representatives, and other data carriers that will be registered when using the Services.
The user confirms that he has obtained all the necessary consents and / or relies on other appropriate legal grounds for the processing of personal data of the holder. The User confirms that the data subjects have been informed about the transfer of their personal data to ALFA LOGISTIKA as the executor of personal data processing and to the third party (processor) that ALFA LOGISTIKA uses to provide the Services.
When setting up an account with ALFA LOGISTIKA or when ordering the Services, the User provides ALFA LOGISTIKA with the following information containing personal data:
- Name of the company;
- email address;
- Payment details;
- Telephone number;
- Delivery/billing address;
- Any other information provided to ALFA LOGISTIKA for this purpose.
Some information may be processed when the User or the data carrier (for example, the User’s employee) uses the Services. Depending on the scope and configuration of ALFA LOGISTIKA services, this information may also include personal data:
- Vehicle data (e.g. manufacturer, type and make of vehicle, mileage, technical information, etc.);
- Driver information (location, routes, driving habits, speed, direction, etc.);
- Digital tachograph and driver activity data (for example, driver’s license number, driver’s digital / memory tachograph card number, name, time spent on breaks, start, stop and end time, driving duration, tachograph calibration, tachograph manufacturer, information on tachograph controls, absence calendar, etc.);
- Data of the data carrier’s web browser (e.g. IP address, type of browser, version, etc.);
- Other data that ALFA LOGISTIKA may receive during the use of the Services, which in connection with other information may contain personal data (e.g. temperature data, fuel sensor data, etc.).
After using or configuring the service account settings, the User may provide some information that may contain personal information:
Information about the User’s employee (driver) (e.g. name, e-mail address, telephone number, date of birth, used vehicle fleet and used vehicle, driver’s license; number, digital/memory tachograph card number and other information provided);
Fleet data, in accordance with the use and configuration of services;
History of communication between the User and the data subject;
Other information that the User may provide to ALFA LOGISTIKA and which, in connection with other information, may contain personal data (e.g. vehicle fleet control checklists, location, time zone, photographs, etc.).
The User may choose to integrate third-party services about certain aspects of the ALFA LOGISTIKA Services. The Third-Party Service is software that integrates with the ALFA LOGISTIKA Services, and the user may enable or disable such integration for his account. When integration is enabled, the relevant third-party service provider may share or receive certain information (including import or export). The user needs to check the privacy settings of these third-party services to understand what information can be disclosed to ALFA LOGISTIKA.
The period of data processing and storage
ALFA LOGISTIKA will process the above data as long as the process of providing the Services to the User lasts, and the User has an active user account for the Services. However, personal data may be deleted at any time at the request of the User.
Unless required by applicable law, ALFA LOGISTIKA has no obligation to keep the User’s personal data after the termination of the contract with the User. Upon termination of the contract, ALFA LOGISTIKA may continue to store some personal data, limited to the minimum required amount, in order to meet legal obligations and ensure reliable security systems, resolve disputes between the User and ALFA LOGISTIKA, if any, prevent fraud and abuse, conduct ALFA LOGISTIKA contracts and / or monitoring the legitimate interests of ALFA LOGISTIKA or third parties.
Sharing personal data with third parties
In order to be able to provide the Service, ALFA LOGISTIKA works with third parties that provide ALFA LOGISTIKA with various Services that are required in the normal course of business. Categories of third parties (sub processors) in the sharing of personal data include hosting and server collocation service providers, communication and content delivery networks, data and cyber security service providers, billing and payment service providers, fraud detection and prevention service providers, web analytics, e-mail distribution and supervision of service providers, session recording services, advertising and marketing service providers, information technology providers, legal and financial advisers (“Third Party Service Providers”).
Third-Party Service Providers receive only the minimum amount of personal data required to provide services to ALFA LOGISTIKA. ALFA LOGISTIKA shares personal data only with Third Party Service Providers who have undertaken to comply with the data protection obligations set out in this Agreement provides sufficient guarantees and implements appropriate technical and organizational measures in compliance with applicable personal data protection laws. ALFA LOGISTIKA is responsible for the processing of personal data carried out by the Third Party Service Provider and which ALFA LOGISTIKA has engaged for the appropriate processing of data in accordance with applicable laws.
The ALFA LOGISTIKA user provides general authority to engage Third Party Service Providers or their sub-processors.
In certain situations, ALFA LOGISTIKA may have a legal obligation to share the User’s information with third parties if required by law or if such information is required by public authorities.
Personal data processed by ALFA LOGISTIKA may be transferred to Third Party Service Providers located outside the European Union. In such cases, ALFA LOGISTIKA will share personal data only with those recipients who have undertaken to meet the necessary data protection requirements and who will be able to provide an appropriate level of protection or provide appropriate guarantees.
Obligations and support to the head of personal data processing
ALFA LOGISTIKA uses reasonable and appropriate organizational, technical, and administrative measures in accordance with applicable personal data protection laws to protect the confidentiality, integrity, and availability of personal data. Unfortunately, no data transfer or storage system is 100% secure, so ALFA LOGISTIKA encourages the User to take care of personal data that he owns and is processed online and to set a strong password for the user account. The browser and logging out of the account after the end of the session in order to avoid providing ALFA LOGISTIKA and any sensitive information whose disclosure could cause significant damage to the data subject.
All ALFA LOGISTIKA authorized persons involved in the processing of personal data of the User and third parties have undertaken confidentiality obligations and will not access or otherwise process personal data without the authorization of the User if this is not for the purpose of providing the Services.
In the event of a personal data breach, ALFA LOGISTIKA will notify the User in accordance with the obligations specified in the applicable laws and will provide reasonable assistance in connection with investigations of personal data breaches and notify supervisory authorities as well as data holders of such breaches.
Taking into account the nature of data processing, ALFA LOGISTIKA will assist the User by providing technical or organizational measures to the extent possible, to meet the User’s obligations as a data controller in relation to:
- All requests of the User’s data subjects regarding access to or correction, restriction, portability, blocking or deletion of their personal data which ALFA LOGISTIKA processes on behalf of the User. In the event that the data subject sends such a request directly to ALFA LOGISTIKA, ALFA LOGISTIKA will immediately forward such a request to the User;
- investigation of personal data breach and notification of supervisory bodies and data subjects of the User about such violation of personal data rights;
- Where appropriate, the preparation of a data protection impact assessment and, where appropriate, consultation with any supervisory authority.
Data processing audit
At the request of the User, ALFA LOGISTIKA undertakes to provide a sufficient amount of information to demonstrate compliance with the obligations set out in this Agreement and applicable data protection laws. This information should be provided to the extent that this information is within the control of ALFA LOGISTIKA, and ALFA LOGISTIKA is not prevented from disclosing it using applicable laws, confidentiality, or any other obligation for which it is responsible to a third party.
If the information provided, at the reasonable discretion of the User, is not sufficient to confirm ALFA LOGISTIKA compliance with this Agreement, ALFA LOGISTIKA agrees to allow and contribute to the audit of data processing.
Such an audit will be performed by an independent third party with a good market reputation, who has experience and expertise in conducting data processing audits and who has been certified by ALFA LOGISTIKA of the company as well as the User himself.
Such audit shall be performed within the time agreed between the User and ALFA LOGISTIKA within 2 (two) months from the moment when the User requested the audit in writing. The auditor will have to sign a confidentiality agreement that includes an obligation not to disclose business information in the audit report, which will also be provided to ALFA LOGISTIKA. The audit will be carried out during the normal business hours of ALFA LOGISTIKA, without interfering in the business activities of ALFA LOGISTIKA. The client has the right to request an audit once within two years. All costs related to the audit shall be borne by the User.
Amendments to the contract
ALFA LOGISTIKA may make changes to this Agreement from time to time, for example in cases of introduction of new services or content. In case of additions or changes, ALFA LOGISTIKA will inform the User in a timely manner on the website www.alfalogistika.hr. Amendments to this Agreement shall apply from the moment of publication on the website www.alfalogistika.hr.
By continuing to use the ALFA LOGISTIKA Services, i.e. by providing personal data to ALFA LOGISTIKA, after the application of amendments to this Agreement, the User accepts the updated terms of this Agreement.
The laws of the Republic of Croatia shall apply to this Agreement, and any action or procedure in connection with this Agreement (including those arising out of non-contractual disputes or lawsuits) shall be submitted to the courts of the Republic of Croatia. The court in Zagreb is declared to be the competent court.
Entry into force
This Agreement shall enter into force on the day of its publication on the website.
The contract was published on the website on 01.10.2020.