Version updated as of 12 March 2021
1. DATA PROTECTION POLICY
In accordance with the provisions of Articles. 13 and 14 of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter, "GDPR"), articles 6 and 11 of Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (hereinafter "LOPDGDD") and Law 34/2002 of 11 July, Services of the Information Society and Electronic Commerce ("LSSICE"), the data of users, customers and candidates will be incorporated into the Register of Processing Activities owned by NINJATRUCK, S.L. ("Ontruck"), with NIF B-98.732.290 and registered office in Príncipe de Vergara 109, 2º floor, 28002 Madrid.
It is also reported that Ontruck has the following profiles in the main social networks on the Internet (Twitter, Facebook, Linkedin, Youtube, Google Plus, Blog and Newsletter).
It is recognized as processor of the data of its users, followers, or persons who make comments through these. Also, in accordance with the Law of services of the information society and electronic commerce Ontruck is exempt from any liability for comments from users and followers on their social networks.
Ontruck may use the profiles described above to inform its users of topics it considers of interest.
1.2. Basis of legitimacy and purposes of processing
The purpose of the processing of personal data is:
- With respect to the users of the Ontruck website or app (the "Users"), the provision of the Ontruck brokerage service and all services associated with it (i.e. issuance of invoices, etc.), they have expressly consented to the processing of data when registering on the platform;
- With respect to suppliers, customers or other third parties (the "Customers" or the “Providers”), to meet the commitments generated by the respective contracts, the legal basis for the processing of the data being the contract itself; and
- With respect to potential candidates for work at Ontruck (the "Candidates"), the possibility of participating in the selection processes (current and future) of Ontruck, expressly consenting to the processing of data when sending the CV;
- Regarding potential Ontruck customers, both at the level of recruitment or commercial communications, the basis of legitimacy will be the express consent of them.
In any case, Users, Clients, Candidates and Social Network Users, if any, (jointly, the "data subjects") may withdraw their consent, at any time, by sending an e-mail to firstname.lastname@example.org or by addressing their request to the postal address Príncipe de Vergara 109, 2º planta, 28002 Madrid.
For the purposes of clarification, in the case of Users or Customers who are legal entities, they are expressly obliged to communicate and inform their employees/staff/collaborators of the Ontruck Data Policy and to obtain their consent when so determined by current legislation.
In addition, the data derived from any communication (via electronic, telephone, etc.) will also be incorporated into our Processing Activities Register.
1.3. Data Protection Officer ("DPO")
Data subjects may contact the Ontruck Data Protection Officer, a position held by Professional Pridatect, S.L. with NIF B- B67077727, and register officer in Avenida Josep Tarradellas, 123, 6º Barcelona, 08006, by writing to the email address email@example.com
1.4. Recipients of Personal Data
The data of the data subjects will be communicated, if necessary, to the public administrations and entities that are necessary for the fulfillment of the purpose for which they were collected. In addition, Ontruck may transfer the data to third parties with whom it has signed a contract for the provision of services as Data Processor. In this case, we inform you that Ontruck has different recipients:
In case the User uses the APP, data will be stored in Google Cloud (Frankfurt, Germany) and Digital Ocean (Amsterdam, Netherlands).
1.5. Exercise of the rights of the Data Subjects
In accordance with current regulations, data subjects may exercise their rights of access, rectification, cancellation, limitation of processing, portability and opposition by contacting Ontruck at the following email address firstname.lastname@example.org or by sending your request to the postal address Príncipe de Vergara 109, 2º planta, 28002 Madrid.
1.6. Processing of data
Ontruck will process the data in a lawful, loyal, transparent, adequate, relevant, limited, accurate and up-to-date manner. That is why it undertakes to take all reasonable measures, technical and organizational, to ensure that these are deleted or rectified without delay when they are inaccurate, as well as, in general, all measures necessary to ensure the security, confidentiality and integrity of them and avoid their alteration, loss, or unauthorized access.
Ontruck will keep the data for the legally established period of time.
In any case, if the Stakeholders do not communicate otherwise, we understand that their data have not been modified.
1.7. Control Authority
The data subjects may, at any time, address the competent Control Authority to submit the claim they consider appropriate. In this case, the competent Authority will be that of www.aepd.es.
2.1. Prior Information
Ontruck reports that it has proceeded to create a profile on social networks Facebook, Twitter, Youtube, Linkedin, Google+, Blog (the "Social Networks"), with the main purpose of advertising their products and services.
2.2. Social Networking Profiles
In case the User has a profile in any of the referred Social Networks and decides to join the pages created by Ontruck, by joining our page, he expressly consents to the processing of those personal data published in his profile.
The Social Network User can access at any time the privacy policies of the Social Network itself, as well as configure their profile to ensure their privacy.
Ontruck has access to and processes that public information of the User, especially his contact name. This data is only used within the Social Network itself. They are not incorporated into any file.
2.3. Rights of Users
In relation to the rights of access, rectification, cancellation, limitation of processing, portability and opposition, they can be exercised before NINJATRUCK S.L. In accordance with current data protection regulations. In this regard, the following nuances should be considered:
- Access: Will be defined by the functionality of the Social Network and the ability to access information in user profiles.
- Correction: You can only be satisfied with information under the control of Ontruck, for example, remove comments posted on the page itself. Normally, this right must be exercised before the corresponding Social Network.
- Cancellation and/or Opposition: As in the previous case, you can only be satisfied in relation to that information that is under the control of Ontruck for example, no longer be linked to the profile.
Ontruck will perform the following actions:
- Access to public User profile information
- Publication in the User's profile of all information already published on the Ontruck website.
- Send personal and individual messages through the Social Network channels.
- Page status updates to be published in the User's profile.
The user can always control their connections, remove content that no longer interests them and restrict who they share their connections with. To do this, they must access their privacy settings.
The User, once joined the Ontruck page in the corresponding social network, may publish in the latter comments, links, images or photographs or any other type of multimedia content supported by the Social Network.
The User, in all cases, must be the owner of the same, enjoy the copyright and intellectual property rights or have the consent of the third parties concerned.
Any publication, whether text, graphics, photographs, videos, etc., which violates or is likely to violate morals, ethics, good taste or decorum, and/or which infringes, violates or violates intellectual or industrial property rights, the right to an image or the law is expressly prohibited. In these cases, Ontruck reserves the right to immediately remove the content, and may request the permanent blocking of the User.
Ontruck will not be responsible for the content that a User has freely published.
The User must bear in mind that his publications will be known by other Users, so he is primarily responsible for their privacy.
Images that may be published on the site will not be stored in any file by Ontruck,but will remain on the Social Network.
2.5. Contests and promotions
Ontruck reserves the right to conduct contests and promotions, in which the User can participate by linking to its site. The rules of each of them, when using the platform of the Social Network, will be published in the same, always complying with the LSSI-CE and any other rule that applies.
The Social Network does not sponsor, endorse or otherwise administer any of our promotions, nor is it associated with any of them.
Ontruck will use the Social Network to advertise their products and services, in any case, if you decide to process your contact information for direct marketing actions, it will always follow the legal requirements of the current legislation on data protection and the LSSICE.
Recommending the Ontruck site to other users so that they too can enjoy the promotions or be informed of their activity will not be considered advertising.
3. RESPONSIBLE FOR THE ACCURACY AND TRUTHFULNESS OF PERSONAL DATA
The user is solely responsible for the truthfulness and correctness of the data provided through any of the forms on the website, exonerating Ontruck of any responsibility in this regard. Users guarantee and respond, in any case, the accuracy, validity and authenticity of personal data provided, and undertake to keep them properly updated. The user agrees to provide complete and correct information in the forms that he or she fills out.
Ontruck is not responsible for the veracity of information that is not of its own making and of which another source is indicated, so it does not assume any responsibility for hypothetical damage that may arise from the use of such information.
Ontruck is exempt from liability for any damage or harm that the user may suffer as a result of errors, defects or omissions in the information provided by Ontruck provided that it comes from sources outside it.
4. DATA OF MINORS
As a general rule, Ontruck will not process data of minors for the realization of the processing and services provided by Ontruck, as it is an essential requirement of the recruitment that they are not minors.
5.1 Collected data
|Full name, company, identity number, country, e-mail address, contact number, work status (self-employee, employed, etc.), type of vehicle, plate number, service area, login, password, preferred language, transportation license, insurance number, performance measure||Provision of intermediation service||Article 6.1.a) GDPR “consent”|
|E-mail, name||Send e-mails with Ontruck’s news||Article 6.1.a) GDPR “consent”.|
|Location data, location of origin, location of arrival, hour of load, hour of delivery.||To execute the contractual relationship and to share it with the user whose order has been executed||Article 6.1.a) GDPR “consent”.|
|Reference, full name, identity number, transportation license, performance measure, POD photo, location data, etc.||Provide support to the App user through the chat, email o phone||Article 6.1.f) “Legitimate interest”.|
|POD photo, payment details, e-mail, bank account number.||Billing and payment / Ontruck’s duties as taxpayer.||Article 6.1.a) GDPR “consent”.|
|Full name, identity number, type of vehicle, plate number, transportation license, performance measure, POD photo, payment details, location data, location of origin, location of arrival, hour of load, hour of delivery.||Manage and execute user complaints related to incidents with orders, problems with delivery or with the hauler and, in general, incidents generated during the use of the APP||Article 6.1.f) “Legitimate interest”.|
5.2. Regarding location data
Ontruck may receive your location data in the event that the user have consented to this function directly from its mobile phone when installing the App or during its first use, both when using or not using the APP. Please know that we use this location data for the purpose of being shared with users who place orders that have been previously accepted by you to carry.
The App collects users’ data location in the background. This is critical to the app’s core functionality of assigning loads to the hauler, adjusting routes, calculating stops, and detailing journeys, etc. This location data can be used for the purposes of providing assistance in the event of an incidence.
To avoid being tracked, the user can always disable the location through your mobile phone.
5.3. Refusal to provide data
The data requested by Ontruck is necessary to carry out the activity and to offer the intermediary services. The total or partial refusal of the hauler to provide the requested data or the consent withdrawal will have as a consequence the impossibility to use the intermediate service.
5.4. App status updates
In order to follow-up loads and provide a consistent, reliable service to our clients, the user must update your status in real-time.
5.5. Retention period
We keep personal data for different periods, depending on the type of information, the period of our contract with our users, legal requirements regarding certain types of data, and other factors.
7. MANAGEMENT OF SECURITY BREACHES OR NOTIFICATIONS
Security breaches can be caused by workers, third parties or computer errors. Therefore, we are legally obliged to notify the data subjects if their personal data has been seriously affected within a maximum period of 72 hours. In addition, users will be notified as soon as the security breach is resolved in the event that it has a major impact.
Ontruck implements state of the art security standards to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. We also implement appropriate organizational measures to protect your information.
We apply our security standards also when working with business and technology partners. We only select and contract with processors and third parties who use appropriate security measures and provide sufficient guarantees, including technical and organizational measures, to ensure the appropriate protection of the data we entrust with them.
Moreover, Ontruck’s employees have signed a Non-Disclosure Agreement or clause in connection to their employment and we have set internal processes such as continuous training and policies that are frequently updated to ensure the availability and resilience of our systems and services. Additionally, Ontruck has a defined an incident response plan in case of a physical or technical incident.