Privacy Policy TX-FLEX SOLO – User
1) Definitions
In the framework of present Privacy Policy the following words, both single and plural, shall have the meaning as defined hereinafter:
Device
the device which the User uses to access the TX-FLEX SOLO Application;
TX-FLEX SOLO
the web based FSM Standard application and every new version thereof, hosted by WABCO/ZF, compatible with any hardware and software platform and accessible by Super User after Subscription and User after acceptance of the Terms of Use;
Super User
the natural or legal person that subscribes to TX-FLEX SOLO and pays the necessary subscription fee(s) as specified in these License Terms or the person having access to the User’s personal data.
User
the user which is appointed by the Super User for acquiring access to the TX-FLEX SOLO Application and is being granted a login and password as a regular user and who has accepted the present Terms of Use;
2) General
This privacy policy governs the use of the TX-FLEX SOLO Application developed by WABCO Europe BV, a limited liability company under Belgian law, having its registered office at Chaussée de la Hulpe 166, 1170 Brussels (Belgium) and registered with the legal entities register under number 0475.956.135 (hereafter “WABCO”).
TX-FLEX SOLO is a web based fleet management solution to manage drivers and vehicles. To log on to the fleet management solution from any iOS, Android or computer device, WABCO developed a TX-FLEX SOLO Application for mobile and/or computer Devices.
This Privacy policy can be modified, e.g. as a result of new functionalities on the TX-FLEX SOLO Application that require the processing of personal data. We thus advise you to check this Privacy Policy regularly. Any major changes will be announced through the TX-FLEX SOLO Application.
This version of the Privacy Policy was modified on 1 April 2021.
3) When does this privacy policy apply?
This Privacy Policy applies to the processing of personal data of the User via the TX-FLEX SOLO Application.
4) Who is responsible for the processing of User’s personal data?
WABCO is the party responsible for the processing of User’s personal data in the context of and solely for the purposes of the proper functioning of the TX-FLEX SOLO Application.
If Super User further processes User’s personal data acquired by means of the TX-FLEX SOLO Application, Super User shall be the sole party responsible and liable for such additional processing activities. In such case, the Super User shall act as the controller of such processing. In any event, WABCO shall have no responsibility or liability regarding the additional processing of personal data by the Super User and only acts upon instructions given by the User and Super User.
5) For what purposes does WABCO process User’s personal data?
5.1) In order to provide the Super User of TX-FLEX SOLO location, tracking and driving information of the User
TX-FLEX SOLO shall use location data (such as GPS, tachograph, and/or Device IP address data) to provide the following services to the Super User and/or to the Users depending on the settings:
- driver identification: which driver is driving which truck at a certain time;
- vehicle monitoring: TX-FLEX SOLO can determine a position every 2 minutes while driving, once per hour at standstill and at every status change;
- Route planner: possibility for the Super User to create and calculate routes on maps based on via-points, vehicle profiles and route type;
- GeoZone: possibility for the Super User to create circular/polygon zones, define geozones and set alarms (enter/leave zone, when not in zone by X time);
- Activities: possibility for the Super User to view current and past tacho activity, and to create activity reports;
- Times: Super User can view the total and remaining driving and resting times (daily, weekly, bi-weekly);
- Tachograph information: automatic, remote and hosted tacho data read-out (driver card & mass memory);
- Ecological purposes: ECO-graphs on fleet level, based on 7 parameters (idling, high RPM, overspeed, coast, heavy brake, cruise, average fuel);
- Setting of alarms for GeoZone, driving and resting times, speed, drive without tacho, contact on/off, overspeed, harsh accelerate/brake, max. RPM, max. idling, fuel theft, refuel, etc.
- Generate reports of the driver’s activities: activities, distance, fuel, tacho times, alarms, speed, exportable
These data are processed on the basis of User’s unambiguous consent and on the basis of the performance of a contract to which User is a party.
5.2) In order to be able to communicate with the User and respond to questions
WABCO processes User’s personal data when User, e.g. registers to the TX-FLEX SOLO Application, requests information about the TRAXEE, has complaints or wishes to receive support services.
For this purpose WABCO can process data such as User’s name, address, e-mail address, telephone number, preferred language, GPS location, tachograph data and the activities of the User on the TX-FLEX SOLO Application.
Depending on the individual case, these data are processed on the basis of User’s unambiguous consent or on the basis of the performance of a contract to which User is a party.
5.3) In order to enable the User to use the functionalities of the TX-FLEX SOLO Application
WABCO processes User’s personal data in order to enable the User to use the necessary functionalities of the TX-FLEX SOLO Application, e.g. the functionality of user to user texting.
For this purpose WABCO can process data such as User’s name, address, e-mail address, telephone number, preferred language, and the activities of the User on the TX-FLEX SOLO Application.
Depending on the individual case, these data are processed on the basis of User’s unambiguous consent or on the basis of the performance of a contract to which User is a party.
5.4) For the technical and functional management of the TX-FLEX SOLO Application
WABCO processes personal data for the technical and functional management of the TX-FLEX SOLO Application, in order to personalise the TX-FLEX SOLO Application and to ensure that the TX-FLEX SOLO Application is easy to use.
For this purpose, WABCO can process data such as User’s IP address, the sections of the TX-FLEX SOLO Application the User visits, the browser and the Device the User uses, geographical data such as User’s location, User’s preferred language and the time and duration of User’s visit. WABCO does this e.g. by using cookies. See also question 7: what cookies does WABCO use?
Depending on the individual case, these data are processed on the basis of User’s unambiguous consent or on the basis of WABCO’ legitimate interest in improving its TX-FLEX SOLO and protecting it against cyber-attacks and so on.
6) Who has access to User’s personal data?
User’s personal data is shared with Super User. Unless required by law or by court order, WABCO does not share User’s personal data to any third party, nor to countries outside the European Economic Area, except in cases where personal data can be accessed from India to provide certain maintenance and support services to the Users. Personal Data of Users from Russia and Saudi Arabia will first be stored in Russia before any further transfer to the European Economic Area.
WABCO will have access to the User’s personal data when needed in order to fulfil the purposes as stated above. In specific situations WABCO will anonymize User’s personal data in order to be able to give live demos for its TX-FLEX SOLO Application
7) What cookies does WABCO use?
Cookies are small text files that are installed by your browser. They contain information such as the language preference of the visitor, so that he or she does not have to enter this information again during a subsequent visit to the same website. Some cookies ensure that a website has a sharp graphic appearance, others that a website application works properly.
If you wish to block cookies, you can do so via your browser settings.
However, remember that, if you turn off cookies, certain graphic elements may not look as good, and you may not be able to use certain applications.
WABCO uses security cookies to ensure the security of the TX-FLEX SOLO Application.
8) What about links to other websites and social media?
The TX-FLEX SOLO Application may contain references (e.g. via hyperlinks) to other websites, which are offered by other companies or by social media. WABCO is not responsible for the processing of personal data via these websites, nor does this Privacy Policy apply to these websites.
If User shares content from the TX-FLEX SOLO Application via social media, User’s personal data will be visible for the visitors of these social media. WABCO is not responsible for the processing of personal data through these social media, nor does this Privacy Policy apply to these social media.
9) How are User’s personal data protected?
WABCO strives to protect User’s personal data according to industry standards by means of technical and organisational measures, such as firewalls and secure servers.
Contact details in order to exercise User’s rights?
User is entitled to request access – free of charge – to the personal data that are processed by the TX-FLEX SOLO Application or to have them corrected.
If the processing of your data is based on consent, User also has the right to withdraw his consent at any time, without this affecting the legitimacy of the processing done prior to the withdrawal of User’s consent.
User can send the above request by e-mail to privacy.cvcsdcs@zf.com or by regular mail to the above-mentioned address. WABCO cannot process your request without proof of your identity.
If User has further questions or complaints about the TX-FLEX SOLO Application or about this Privacy Policy, User may also contact privacy.cvcsdcs@zf.com. User is entitled to file a complaint with a supervisory authority.
10) What rights do you have as a user?
10.1) Right to information
WABCO wishes to inform you through this Privacy Statement as fully as possible about the processing of your personal data. Your data will be processed for legitimate purposes in an appropriate, relevant, secure and proportionate way; the data will be stored for no longer than necessary and always with the utmost integrity and confidentiality.
10.2) Right of access
You always have the right to check the lawfulness of each processing activity of your personal data and to ask WABCO to provide you with information regarding the purposes of the processing, the categories of your personal data, the categories of recipients of your personal data, the period for which the data will be stored and the rights you may exercise.
You also have the right to ask WABCO for a copy of your processed personal data. This copy will in principle be provided free of charges unless your request would be unreasonable or excessive. In such case, WABCO may charge an administrative cost.
10.3) Right to rectification
You have the right to obtain the rectification of inaccurate data or to have incomplete data completed upon simple request to WABCO.
10.4) Right to erasure (“right to be forgotten”)
You have the right to obtain from WABCO the erasure of your personal data if there is no good reason for WABCO to continue to do so. You can exercise this right in the following cases:
- your personal data are no longer necessary in relation to the purposes for which they were collected;
- you prove that WABCO has unlawfully processed your data;
- your personal data have to be erased for compliance with a legal obligation;
- you withdraw your consent on which the processing of your personal data is based and there are no overriding legitimate grounds for the processing of your data;
- you have successfully exercised your right of objection (see point 10.6)
0.5) Right to restriction of data processing
You have the right to obtain restriction of data processing in one of the following circumstances:
- you contest the accuracy of the personal data that have been processed by WABCO and WABCO has been given a reasonable period to check the accuracy of the personal data;
- you prove that the data processing by WABCO was unlawful and request a restriction of their use;
- WABCO no longer needs the data, but they are required by you for the establishment of a legal claim;
- you have exercised your right of objection (see point 10.6)
10.6) Right to object against data processing
You have the right to object at any time to the processing of your personal data for “direct marketing” purposes. WABCO will cease the processing of your personal data unless it demonstrates compelling grounds for the processing which override your rights and freedoms. In such case, this will also be communicated to you.
10.7) Right to data portability
You have the right to receive the data you provided to WABCO in a structured, commonly used and machine-readable format and to re-use it for other services and thus transfer it to another Controller or Processor, unless this is technically unfeasible.
10.8) Right to object to automated decision-making
You have the right to object to a decision based solely on automated processing – without human interference – which significantly affects you or produces legal effects. WABCO declares that you are not subject to such automated decision-making in any of the processing activities carried out by WABCO.