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Privacy Policy

  1. General Information

This privacy policy (our “Privacy Policy“) together with our User License Agreement (“ULA“)  applies to Users’ use of the services of application “Digital Driver” (“Application”) as defined in the ULA (the “Service”), and any services accessible through the Application as further described and defined in the ULA (the “Application Services“).

OCTO Telematics S.p.A., with registered office at via Vincenzo Lamaro 51, 00173 – Rome (Italy) (“Octo Telematics“, “we” or “us“) is committed to protecting and respecting the privacy of users of the Application and Application Services (“Users“). This Privacy Policy sets out the basis on which any Personal Data (as defined in section 3) we collect from our Users, or that they provide to us, will be stored, processed and shared. Please read the following carefully to understand our views and practices regarding Users’ Personal Data and how we will treat it, in compliance with the Regulation (EU) no. 679 of 27 April 2016, so called General Data Protection Regulation (“GDPR”), and with Legislative Decree no. 196 of 30 June 2003, setting forth the Italian Data Protection Code, as amended or replaced from time to time (jointly, the “Applicable Privacy Laws”).

Unless otherwise provided herein, the terms and the definitions set forth in the ULA shall have the same meaning in this Privacy Policy.

  1. Data Controller

For the purposes of the Applicable Privacy Laws, Octo Telematics is the data controller for the Personal Data it collects and processes relating to use of the Application and Application Services by Users.

  1. Type of Data Collected and Processed

We collect the Personal Data specifically and voluntarily provided by Users and collected as clarified below and through the use of Application and Application Services. 

“Personal Data” is understood to be any information by which a living individual may be identified, such as the name and surname, user name, password, , email address, place of birth, country,  region, city of residence, current geographical location and vehicle information, including make, model, year and vehicle identification number, of a vehicle being driven by a User. The provision and collection of Users’ Personal Data is necessary in order to allow the Service to function as described in the ULA – accordingly, it is requested of Users when they create an account.

To provide the Service, we need to collect data on Users’ geographical location when they use the Application and the Application Services. For the Application to function properly, it requires the GPS technology and location services on Users’ devices to be switched on and the Application granted permission to use them in order determine their current location. By downloading and using the Application, Users accept to their data being collected and used for this purpose. Providing the Service  also requires that we collect data on Users’ driving styles and habits, the Application can automatically record the trip’s commencement and termination, along with the GPS latitude, longitude and heading by the second, plus data from other sensors on the device (e.g. accelerometer, gyroscope), in order to record driving behaviour, and which are supplemented by contextual data (traffic, weather, time of day).
We also collect technical information, including the type of mobile device Users use, mobile network information, Users’ mobile operating systems, the type of mobile browser used, time zone setting etc.

However, we will not collect or process sensitive data, which is to be understood as personal data that is capable of revealing Users’ racial and ethnic origin, their religious, philosophical or other types of beliefs, political opinions, membership of political parties, trade unions, religious, philosophical, political or trade union associations or organizations, as well as personal data capable of revealing Users’ state of health and sexual habits. Users are kindly asked not to provide us with their sensitive data.

  1. Data Processing Methods, Purposes and Legal Basis

Octo Telematics processes Users’ Personal Data by automated means using software and other IT instruments, in order to make the Service, the Application Services and the Application available, for the following purposes:

  1. performance of the ULA;
    1. compliance with obligations set forth by the applicable law provisions and, in particular, by the Applicable Privacy Laws;
    1. protection of Octo Telematics rights, also before Courts;
    1. carrying out activities related to company and business branch sales, acquisitions, mergers, divisions or other corporate transformations involving Octo Telematics, and the relevant implementation;
    1. Octo Telematics legitimate interest to improve its own technological platforms, the services and the products offered to current and potential clients.

The provision of Personal Data for the purposes referred to in letters a), b), c) is mandatory, as it is necessary for the performance of the ULA and for the fulfillment of the obligations laid down by legal provisions or regulations, as well as for the legal protection of Octo Telematics rights, according to art. 6 of GDPR, point b), and c) Therefore, the failure to provide such Personal Data, as well as any request for the cancellation thereof, will make it impossible to establish or continue the performance of the ULA.

The Personal Data processing for the purposes referred to in letters d) and e) is necessary for the pursuit of Octo Telematics legitimate interest, which will be adequately balanced with the rights and freedoms of the User, provided that the Personal Data processing is performed within the limits strictly necessary for carrying out these activities. 

  1. Security

Octo Telematics has implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk and in compliance with art. 32 of GDPR.

  1. To Whom We Might Disclose Users’ Data

Personal Data will not be disclosed or communicated to third parties without authorization, including through their provision or consultation, both electronically or on paper. However, in certain specific cases, Personal Data may be disclosed to the following categories of recipients:

  1. subjects, internal or external to Octo Telematics structure, duly appointed in writing as processors or sub-processors pursuant to the Applicable Privacy Laws, for the performance of processing activities necessary in order to perform the ULA (including other companies belonging to OCTO group);
  • public, judicial or police authorities, within the limits established by applicable laws and regulations;

By downloading the Application and using it, Users also agree that we may disclose their Personal Data to certain third parties not referred to in this Privacy Policy, but we will only do this:

  1. Persons Tasked with Processing the Personal Data

Personal Data provided to us by our Users during their use of the Application or the Service may be accessed by staff who work for us or one of our suppliers that are in charge of processing the Personal Data.  Access is granted only to persons specifically authorized through written instructions and we ensure that such access is limited to a need-to-know basis and in order to provide the Application Services and for the purposes outlined in this Privacy Policy.

  1. Data Subject’s Rights

In accordance with Applicable Privacy Laws, Users are granted with the following rights and faculties:

  1. the right to be informed on the Personal Data processing purposes and modalities;
  2. the right to access Personal Data pertaining to them;
  3. the right to obtain a copy of the Personal Data, if the latter is stored in countries outside the European Union, as well as to obtain indication of the place where such Data is stored or transferred;
  4. the right to request the rectification, the updating or the integration of Personal Data;
  5. the right to request the erasure or the anonymization of Personal Data or the blocking of the Personal Data processing;
  6. the right to object, in whole or in part, to any processing performed through automated decision-making processes, including profiling;
  7. the right to withdraw their consent to the processing, where given, freely and at any time;
  8. the right to Personal Data portability, i.e. the right to receive Personal Data in a structured format, commonly used and readable by automatic devices, and the possibility to transmit said Data to another controller freely and without hindrances;
  9. the right to request the limitation of Personal Data processing;
  10. the right to contact Octo Telematics data protection officer;
  11. the right to file a complaint with the personal data protection supervisory Authority.
  1. Where We Store Users’ Personal Data

OCTO will only process personal data in countries located in the European Union and will not carry out any cross-border transfer of personal data outside the EEA, unless such transfer is based on the prior written consent of the Data Subject or any other suitable safeguard, including (a) the EU Commission standard contractual clauses; (b) EU Commission’s decisions of adequacy pertaining to the countries to which Data are transferred; (c) binding corporate rules adopted by OCTO Group or by OCTO’s designated processors or sub-processors.

  1. How Long We Store Users’ Personal Data

Personal Data provided to us by Users will be retained for one year following the collection in order to process it in accordance with the provisions set forth in ULA . After one year the data relating to the User’s Driving Behavior will be made anonymous, while all Personal Data relating to the User will be deleted or anonymized. If the User deletes his profile from the Application, all Personal Data will be immediately anonymized.

  1. Changes to Privacy Policy

Octo Telematics may freely modify, integrate and/or update, in whole or in part, this Privacy Policy, also in view of future changes that may involve the Applicable Privacy Laws.

It is understood that any modification, integration or update will be communicated to the Users promptly and on time, through the most appropriate electronic or paper means. In this regard, Octo Telematics also recommends the Users to check the update time of the Privacy Policy.  The new terms may also be displayed on-screen and Users may be required to read and accept them in order to continue their use of the Application and the Application Services.

  1. California Consumer Privacy Act (“CCPA”)

Note for California residents. If you are a California resident, please be aware that under the California Consumer Privacy Act of 2018, as amended (“CCPA”), you are entitled to receive specific information on how we process your data. You also have specific rights to your data, including the right to opt out of the sale of your personal information. To review this specific information and familiarize yourself with your rights under the CCPA, please review our Supplemental Privacy Disclosure for California Residents.

  1. Contact Details

For any information or request on the protection of Users’ Personal Data, please contact: privacy@octotelematics.com.

Users may also contact Octo Telematics data protection officer in order to exercise their rights, using the following contact details:

Tel. +39 (06) 726 53 41

Email: dpo@octotelematics.com