Terms and conditions

2. Privacy Policy

The new EU regulations on the protection and processing of personal data

Technology and the online environment bring benefits to us all, but also challenges. And one of these is protecting the personal data of our customers. At CargoTrack, this approach has been a firm commitment we have made to our customers from the very beginning.

Starting on May 25, 2018, CargoTrack will adopt EU regulation 2016/679. Known as GDPR (General Data Protection Regulation) or the General Regulation on the protection of personal data, this measure will enter into force in all member states of the European Union.

We assure you that Cargotrack will continue to process customers’ personal data only for well-defined purposes, such as creating personalized offers that are as close as possible to their needs, inclusion in market studies about CargoTrack products and services.

What is personal data and how do we obtain it?

Personal data is that information by which a customer can be identified directly or indirectly. CargoTrack obtains this data as follows:

Direct from the customer
CargoTrack collects personal data directly from the customer, usually that information provided when signing the contract or during its performance:

Name, surname, date of birth
Postal and email address
Phone number and more
Details of transactions carried out (purchased products, prices, payment methods)
Details related to traffic and the area from which it uses CargoTrack services.

CargoTrack also receives any information or content created and actively provided by the customer (photos, clips, etc.).

In addition, in order to be able to provide the best products and services, CargoTrack may sometimes request information regarding the customer’s experience while using CargoTrack products and services. This information can be comments or suggestions, but also recommendations for improvement.

Automatic
In certain situations, CargoTrack may also collect customer data by automated means. For example, personal data may be collected through cookies, web or telephone beacons when the customer interacts with CargoTrack services. Data thus collected may include: IP address, browser type, operating system, identification number of the mobile device used, geographic location, redirect URLs, information about actions taken or interaction with CargoTrack.

Who is responsible for personal data in the case of group offers or those serving multiple users?

In the case of group offers or products and services serving multiple users, the account holder is responsible for the data they provide. The options expressed by the owner regarding personal data will be applicable to all users in the created group (unless another user has indicated his own option to us in advance). in case of discrepancies between the users’ and the account holder’s options, the holder will indicate the option that prevails

Why do we process personal data?

Cargo Track will process the client’s personal data only to ensure the best possible relationship with him during the performance of the contract. The processing of personal data may be based on the customer’s consent, may be related to the contract or imposed by a legal obligation.
The legitimate interest of Cargo Track may be the basis of a processing of personal data, the Customer being able to object. Along with the legitimate interest, the processing may be based on the customer’s consent, the need to carry out the contract or a legal obligation for Cargo Track.

When Cargo Track asks the customer for consent for processing, he has three options: “Yes”, “No” or “Later”. Selecting the latter option entitles Cargo Track to make subsequent requests for consent

Only if there is agreement to this effect, Cargo Track will process personal data in order to inform about:

• Cargo Track products and services, offers, promotions or special events
• the products and services of Cargo Track’s affiliates or Cargo Track’s business partners
As it is necessary for the provision of products and services, Cargo Track will process personal data in order to:
• honor customer requests/orders/questions, process payments made for Cargo Track products and services
• verify customer eligibility for certain offers and products
Because it is a legitimate interest that does not infringe the rights of the customer, Cargo Track will process personal data in order to:
• personalize the experience in the Cargo Track premises and in the Cargo Track online environment, to request feedback on the Customer experience or to evaluate the effectiveness of communication with the Customer, to personalize the interactions that customers have with the sales teams over the phone or with the department Customer service
• create and maintain Customer accounts, including for the administration of any loyalty or consumer reward programs associated with the Customer account
• ensure the necessary protection, identification and prevention of debits, abuses, complaints and other obligations and to comply with applicable legislation
• assess potential risks of fraud or late payment, including by checking in dedicated databases to identify any outstanding debts as a result of non-execution of obligations from previous or ongoing electronic communications contracts
• evaluate the Customer’s solvency and commercial risk in the event of concluding a contract
• improve Cargo Track’s products and services by evaluating the number of users who access or use Cargo Track’s products and services, what features of the products and services are of most interest to customers, what types of offers customers want and how online products and services work technically
• develop customer profiles on the basis of which Cargo Track can later identify cases of fraud
Cargo Track may record telephone conversations with Cargo Track representatives in order to identify customer needs and improve Cargo Track’s services. The customer is informed of this at the time of requesting a conversation with a Cargo Track Customer Service operator and has the opportunity to refuse the conversation.
Cargo Track will be able to use the information it collects about the customer, the device used or the use of the products and services and in other ways only in compliance with the law.

What are the rights of customers regarding the processing of personal data?

The customer has specific rights regarding data protection, and Cargo Track provides an environment that facilitates their exercise (the right of access, rectification, objection, deletion, receiving personal data or filing a complaint).
Cargo Track has taken the necessary precautions to ensure the customer that their data protection rights are properly respected.
The customer has the right:
• to access his personal data, modify it, restrict it, withdraw his consent or oppose its processing or request its deletion (the right to be forgotten)
• access his personal data or ask Cargo Track to transfer them to another company (the right of portability)
• disable certain types of collection or use of his data, including the use of certain cookies and similar technologies
• submit a complaint to the competent supervisory authority – in Romania this is the National Authority for the Supervision of Personal Data Processing (ANSPDCP)
• request Cargo Track to correct any inaccuracies in his personal data. in the case of an online account, this can usually be done from the edit account data section. In any case, the Client can send a request to rectify his data.
These rights may be limited, in certain circumstances defined by law (for example, the customer will be able to opt out of receiving marketing communications, but will not be able to ask Cargo Track to delete the personal data necessary for the execution of the contract). Such restrictions will be checked individually and communicated to the customer accordingly.
The right of deactivation can be exercised as follows:

• by following the opt-out instructions in the relevant marketing communications
• if he has a monitoring account, he can change the enable/disable preferences in the relevant account edit section
• by a request to the Cargo Track company by sending a written letter.
The customer will continue to receive administrative communications from Cargo Track, such as order confirmations or notifications regarding their account activities (eg account confirmations and password changes), even if they opt out of receiving marketing communications.
Cargo Track informs the client that he can object at any time to a processing performed on the basis of legitimate interest. Any objection will be reviewed and resolved according to law.

How does the GDPR apply to children?

Cargo Track does not knowingly request or collect personal data from children under the age of 16 when providing specific services unless the express consent of the parent or guardian is obtained in advance) or under the age of 14 in the rest situations. If children’s personal data is collected, it is processed carefully and only with specific safety measures.

What does the automatic processing of personal data entail?

Any decision taken exclusively on the basis of automatic processing will be previously consented to or necessary for the conclusion of the Contract.
Cargo Track personalizes communications with its customers using personal data related to customer history, past choices or product or service preferences.
The customer will not be subject to any decision based solely on automated data processing that produces legal effects concerning him or affects him in a significant way, unless the customer has explicitly consented to the processing or the processing is necessary for the conclusion or performance of a contract concluded with Cargo Track (such as the identification of eligibility for certain offers) to prevent fraud and debit situations, or Cargo Track is required by law to use personal data in this way.
In all cases, the client has the possibility to request the explanation of the logic behind the automatic decision mechanism, as well as, where appropriate, the client can request human intervention in issuing the decision that concerns him.

Can your personal data be processed by third parties for other purposes?

If the customer expresses his consent to this or there is a legitimate interest in the use of his personal data, Cargo Track will be able to communicate this data to third parties.
As a rule, Cargo Track will not communicate the customer’s personal data to a third party that intends to use it for direct marketing purposes, unless there is the customer’s agreement to this effect.
Cargo Track may, however, communicate the client’s personal data to third parties, without his consent, in the following situations and to the following entities:
• Affiliates: personal data may be communicated to Cargo Track affiliates for the purpose of carrying out current and business activities
• Service providers: Cargo Track may contract service providers, agents or contractors to provide services on its behalf, including asset management services and services made available to the client. CargoTrack requires these third parties to comply with all applicable data protection laws and specific security requirements regarding the Customer’s personal data. CargoTrack may transfer such personal data when providing electronic communications services, warranty related services, product exchange (if eligible).
• Other telecommunication service providers: when entering data on payment delays, if applicable
• Cargo Track external consultants or partners providing assistance to the company (e.g. external lawyers, debt recovery agencies, call centre)
• Public authorities: Cargo Track may communicate the customer’s data if required to do so by law or if it believes, in good faith, that said disclosure is reasonably necessary for the proper conduct of legal processes, investigations or for to respond to any complaints or requests from the authorities

What is the Subscriber Register?

In the absence of an express request from the Client, Cargo Track has the legal obligation to enter the Client’s data in the Register of Subscribers.
The subscriber information service (Subscriber Register) allows any person to find out the number or, as the case may be, the telephone or fax numbers of the service subscribers. This can be in written or electronic form.
The customer’s personal data (name/designation, home address/office and telephone number(s)) will be included in the Subscriber Register and may be transferred to all subscriber information and subscriber directory service providers (printed telephone books and online), from which Cargo Track received a request in this regard.
The customer:
• has 45 working days from the date of conclusion of the Contract to express his disagreement, otherwise the information will be processed for this purpose
• has the right to check, rectify and remove his personal data from the Registers and from the Subscriber Information Services by a written request addressed to Cargo Track

How do we protect your personal data?

Cargo Track applies appropriate security measures to guarantee the safety of the customer’s personal data and has implemented specific durations for personal data to be kept for as long as necessary to fulfill the stated purpose.
• Data security
To guarantee the safety of personal data, CargoTrack has implemented a number of security measures that are in line with industry standards. This does not cover those personal data that the customer chooses to communicate in public online or offline spaces.

• Data retention
Cargo Track will retain personal data for as long as necessary for the stated purpose, taking into account the need to respond to questions or solve problems, to provide new or improved services and to comply with applicable legal requirements. Therefore, CargoTrack may retain personal data for a reasonable period of time after the customer’s last interaction with Cargo Track, in accordance with applicable law.
When the customer’s personal data is no longer necessary for the purpose for which it was collected or agreed, nor is there any legal obligation to retain it, CargoTrack will securely destroy or delete it.

• Processing of personal data
We process your personal data exclusively within the legal provisions regarding the protection of personal data. These refer to EU Regulation 679/2016 for the protection of individuals with regard to the processing of personal data and the free movement of such data as well as to other applicable laws in the matter (eg: Law no. 506/2004 on the processing of personal data and protection of private life in the electronic communications sector).

Our employees and proxies have the obligation to comply with the provisions regarding data protection according to legal norms.

In relation to all requests related to your data, data protection within the company CARGO TRACK SOLUTIONS S.R.L. or any question/complaint can be sent to the email address: office@cargo

For people who have applied to one of the jobs posted on the company’s LinkedIn platform www.linkedin.com/company/cargo-track   or in the jobs section www.cargotrack.ro/locuri-de-munca/ the data from the form is stored in secured CARGOTRACK database, for a period of 3 years. For faster deletion of data from the CARGOTRACK record, you can send a request by e-mail to office@cargo.

How can I learn more about this regulation?

For any question regarding personal data or to exercise legal rights, the customer can contact CargoTrack’s data protection officer using the dedicated address: office@cargo. Also, on www.cargotrack.ro, forms are made available to the client for expressing his concerns or questions.

All available options will be presented and all messages will be answered as required by law. However, the customer should be aware that, for technical reasons, it may take several days to implement his requests or options, if there are no ongoing campaigns. If there are ongoing campaigns, the customer’s option may be implemented by CargoTrack only for future campaigns. During the time necessary to implement the option, Cargo Track will continue to process the Customer’s personal data based on the previously expressed options.

How do these regulations apply to legal entities?

In the case of legal entity clients, for the purpose of processing the personal data of its users as mentioned above, CargoTrack will obtain the express consent of the account holder for the types of personal data processing or for categories of personal data for which the law imposes such a condition . in this sense, the legal entity client undertakes that before transferring personal data of users and the contact person to Cargo Track, to obtain their consent for the processing carried out by Cargo Track in the execution of the contract and for the processing of data mentioned in the previous articles . By transferring the personal data of the users and the contact person to CargoTrack, the legal entity customer certifies that the consent of the users and the contact person has been obtained for the processing of their personal data by CargoTrack according to the above provisions and assumes full responsibility in connection with these. At the same time, like the group offers, the customer will select the users’ options in the communication with CargoTrack.