Privacy Policy TX-FLEX – User

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 Application;

TX-FLEX

the web based FMS 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 and pays the necessary subscription fee(s) as specified in the 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 Application and is being granted a login and password as a regular user and who has accepted the present Terms of Use;

This Privacy Policy governs the use of the TX-FLEX Application developed by ZF CV Systems Europe B.V. (Former WABCO Europe BVBA), 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 “ZF”).

TX-FLEX 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, ZF developed a TX-FLEX 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 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 Application.
This version of the Privacy Policy was modified on 1 February 2024.

This Privacy Policy applies to the processing of personal data of the User via the TX-FLEX Application.

ZF 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 Application.

If Super User further processes User’s personal data acquired by means of the TX-FLEX 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, ZF 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.

5.1) In order to provide the Super User of TX-FLEX location, tracking and driving information of the User

TX-FLEX shall use location data (such as GPS), tachograph, and/or Device IP address data to provide the above services to the Super User and/or to the Users depending on the settings.

For this purpose, ZF can process data such as User’s name, e-mail address, telephone number, IP address, GPS location, tachograph data, log files, driving and resting times, User’s activities on the FMS Standard Application, alarm data, RDD, User’s driving data and TX-FLEX Application management.

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.

5.2) In order to be able to communicate with the User and respond to questions

ZF processes User’s personal data when User, e.g. registers to the TX-FLEX Application, requests information, has complaints or wishes to receive support services.

For this purpose ZF 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 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 Application

ZF processes User’s personal data in order to enable the User to use the necessary functionalities of the TX-FLEX Application, e.g. the functionality of user to user texting.

For this purpose ZF 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 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 Application

ZF processes personal data for the technical and functional management of the TX-FLEX Application, in order to personalize the TX-FLEX Application and to ensure that the TX-FLEX Application is easy to use.

For this purpose, ZF can process data such as User’s IP address, the sections of the TX-FLEX 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. ZF does this e.g. by using cookies. See also question 7: what cookies does ZF use?

Depending on the individual case, these data are processed on the basis of User’s unambiguous consent or on the basis of ZF’ legitimate interest in improving its TX-FLEX and protecting it against cyber attacks and so on.

User’s personal data is shared with Super User. Unless required by law or by court order, ZF 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 Saudi Arabia will first be stored in the local country before any further transfer to the European Economic Area.

ZF will have access to the User’s personal data when needed in order to fulfil the purposes as stated above. In specific situations ZF will anonymize User’s personal data in order to be able to give live demos for its TX-FLEX Application.

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.

ZF uses security cookies to ensure the security of the TX-FLEX Application.

The TX-FLEX Application may contain references (e.g. via hyperlinks) to other websites, which are offered by other companies or by social media. ZF 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 Application via social media, User’s personal data will be visible for the visitors of these social media. ZF is not responsible for the processing of personal data through these social media, nor does this Privacy Policy apply to these social media.

ZF strives to protect User’s personal data according to industry standards by means of technical and organisational measures, such as firewalls, data encryption and secure servers.

User is entitled to request access – free of charge – to the personal data that are processed by the TX-FLEX 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. ZF cannot process your request without proof of your identity.

If User has further questions or complaints about the TX-FLEX 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.

11.1) Right to information

ZF 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.

11.2) Right of access

You always have the right to check the lawfulness of each processing activity of your personal data and to ask ZF 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 ZF 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, ZF may charge an administrative cost.

11.3) Right to rectification

You have the right to obtain the rectification of inaccurate data or to have incomplete data completed upon simple request to ZF.

11.4) Right to erasure (“right to be forgotten”)

You have the right to obtain from ZF the erasure of your personal data if there is no good reason for ZF 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 ZF 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 11.6)

ZF however reserves the right to refuse your request for erasure and cannot be held liable for the fact that deleted personal data is temporarily stored somewhere invisible.

11.5) 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 ZF and ZF has been given a reasonable period to check the accuracy of the personal data;
• you prove that the data processing by ZF was unlawful and request a restriction of their use;
• ZF 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 11.6)

11.6) Right to object against data processing

You have the right to object at any time to the processing of your personal data. ZF 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.

11.7) Right to data portability

You have the right to receive the data you provided to ZF 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.

11.8) 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. ZF declares that you are not subject to such automated decision-making in any of the processing activities carried out by ZF.