Effective date: June 02, 2021
“Personal Information” means any information which is related to an identified or identifiable natural person. This includes information in any form, such as age, name, email, address, driver license, etc.;
“Processing” means any operation or set of operations which is performed on personal Personal Information, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
“Services” means websites, applications, software-as-a-services, mobile applications, addons provided or operated by Zenduit.
3. Policy Application
- Zenduit website visitors;
- Customers, who entered into agreement with Zenduit (including through Terms of Service or EULA);
- End users: (1) who are using our Services (for example Customer’s employees); or (2) whose Personal Information we Process on behalf of our Customers (for example vehicle drivers);
- Resellers of Zenduit products;
- Job applicants.
4. Personal Information that we collect
Depending of the Services used, we may collect following Personal Information:
- Identity information. This includes Personal Information like name, surname, personal details, education, experience, CV, driver identity, driver license numbers. We collect this Personal Information when (1) you contact us as a potential customer, reseller or for other purposes; (2) you provide this information while using our services; or (3) you apply for a certain position. We may receive Personal Information about vehicle drivers to the extent our customer requires us to, and allows us to collect such Personal Information.
- Contact information. This includes Personal Information like phone number, e-mail, company name, position, company industry, company address, fleet size, address, state/province.We collect this Personal Information when you (1) contact us as a potential customer or reseller, (2) provides this information while using our services; or (3) apply for a certain position
- Login credentials. This includes Personal Information like username and password. We collect this Personal Information when you create an account with our Services.
- Payment data. This includes Personal Information like credit/debit card information, billing information (first and last name, billing address, credit card information), payment account, payment history. We collect this Personal Information when you make a payment to us for our Services.
- Technical data. This includes Personal Information like IP address, hardware use data, software use data, device identifiers, device settings, location. We collect this Personal Information when you are using our Services or visiting our websites. We also collect this data by using cookies.
- Statistics data. This includes Personal Information accumulated while using our Services (for example web pages visited, time when web pages were visited). We collect this Personal Information when you visit our websites, use our Services, or contact us. We also collect this data by using cookies.
- Vehicle data. This includes Personal Information like vehicle identification number, GPS location data, video of vehicle location, video recorded inside vehicle cabin. We Process such Personal Information according to our customer instructions.
We collect Personal Information through the following Services:
- Zenduit web based software created for fleet management, related mobile applications, and customized applications such as in-vehicle cameras, real time temperature tracking, tire pressure monitoring and other add-ons which is available for Zenduit clients and regulated by Zenduit Terms of Service (“Applications”). When using our Applications we collect Personal Information when you are: (1) creating account for yourself or your employees; when (2) database, third party application or third party data source (like vehicle camera, GPS tracker, etc.) is connected to our Applications in accordance with your instructions, or (3) when you are using our Applications;
- Zenduit software addons, mobile applications, and software embedded into telematic devices, which use is governed by Zenduit End User License Agreement (“Software”). When using our Software we collect Personal Information when you are (1) creating an account for yourself or your employees to download or use our Software; (2) when you are using our Software, or (3) when installing our Software on your hardware or device.
5. How do we use Personal Information
When it is possible, we seek a person’s consent before we collect their Personal Information. The form of consent may vary depending on the circumstances and the type of information being Processed.
We use Personal Information for the following purposes:
- To perform our contractual obligations with you. For example, when you start using our Services, you agree to certain terms.
- To inform you about our new products and special offers. For example, if you agreed to receive our newsletters, we may send our newsletters.
- To provide you with our Services and better user experience. For example, when you are using our website, we need certain technical measures to ensure that our website will be properly working.
- To provide you with support and answers your questions. For example, when you decide to contact us, we may collect certain Personal Information to be able to answer your questions and requests.
- To Process employment application.
- For our legitimate interests/purposes that a reasonable person would consider appropriate in the circumstance.
6. How we protect Personal Information
As mentioned before, we take all necessary steps to safeguard and protect your Personal Information. All information transmitted and received by us through our Services is encrypted with the help of software that uses Secure Sockets Layer (SSL). We will put reasonable efforts to maintain the security of and to prevent misuse, loss, unauthorized access, and modification of Personal Information. However, please note that, due to the inherent risks of using the Internet, we cannot be liable for any destruction, loss, leakage, and falsification of Personal Information caused by circumstances beyond our reasonable control. We never store Personal Information on devices like USB or CD. All our personnel and contractors are subject to confidentiality agreements. Only authorized personnel have granted access on a need-to-have basis to Personal Information.
We do not and will not sell or rent Personal Information collected by us to third parties in the ordinary course of business.
7. Transfers of Personal Information
Personal Information is Processed at our operating offices and in any other places where the parties involved in the Processing are located. Zenduit stores Personal Information on cloud servers located in North America. We may also store data on cloud servers located in other countries from time to time.
We may transfer Personal Information as part of our business operations, like sale of business assets, merger, acquisitions, sale of assets or reorganization. Personal Information may be among any such assets transferred or sold as part of business operations.
8. Sharing of Personal Information
When you are using our Services we may share Personal Information with following third parties on the basis of our legitimate interest/reasonable purpose:
- Service Providers: We are using various third party services to provide quality service and support business such as communication services, hosting services, payment Processing services, orders Processing and fulfillment services, technical support services, etc. These services providers may have access to Personal Information only on the need-to-know basis while performing tasks for us or on our behalf. The Personal Information we share may include your Personal Information and information from data collection tools like cookies, web beacons, and log files. The list of service providers includes hosting providers, internet services, operation systems providers, data analytics providers, CRM providers, telematics providers.
- Law enforcement agencies and bodies and other related organisations: When we are obliged to execute law enforcement requests or requests from courts, or agencies we will share the respective required portion of Personal Information that we possess. We may also share Personal Information when we reasonably believe that it is required to comply with applicable regulations and laws for the purposes of protection of our property or interest, to protect the safety of any person or to prevent illegal activity (with enforcement bodies, other companies, lawyers, agents, or government agencies).
- Internal sharing. We may share Personal Information within our group of companies.
9. Access or corrections to personal information
According to the Personal Information Protection and Electronic Documents Act (PIPEDA) individuals have the right to access or correct their personal information. If you require your Personal Information to be removed from our systems, please contact us at [email protected]
10. Updating and removing Personal Information
Personal Information connected through, or associated with the account you created with our Services may be removed or updated through preferences of the account. To do so, it is required to log in into the respective account.
If you require your Personal Information to be removed from our systems, please contact us at [email protected] We reserve the right to validate your request. Each request will be Processed and handled within 30 calendar days from the date of filing.
If you are not a Zenduit’s Services user or customer of Zenduit (or not an employee, owner or affiliated party of a customer), and wishing your Personal Information to be deleted, please contact the data controller to whom you agreed to provide your Personal Information. Zenduit is acting as a data processor when it comes to Personal Information provided by our customers.
11. Processing of children Personal Information
We do not knowingly Process any Personal Information from persons under 18 years of age. If you learn or have reasons to believe that anyone younger than 18 has provided us with Personal Information, please contact us at [email protected] so that we can use reasonable efforts to remove such information.
13. Third party links
14. SPECIFIC TERMS
14.1. European Economic Area and United Kingdom specific General Data Processing Regulation 2018 (GDPR)based terms
INTRODUCTION. Zenduit Inc, with registered address at 102-2680 Matheson Blvd East, Mississauga, ON L4W 0A5, Canada shall be considered data owner and data controller in relationships with you when you decide to contact us. However, when it comes to collecting and Processing Service data or vehicle data we will act solely as data Processors acting according to our customers instructions. In such cases, our customers will act as data controllers, and any requests from data subjects will be redirected to them. We acknowledge the privacy of natural persons and make efforts to protect them against any unlawful Processing by applying relevant technical and organizational measures to protect Personal Information of natural persons in accordance with the effective legislation. Although we will take efforts to ensure safe Processing, we cannot guarantee it to be 100% secure and risk-free.
LEGAL BASIS. Zenduit will Process Personal Information (1) on the basis of consent collected by us; (2) on the basis of consent to your data controller; (3) where the Processing of the information is necessary for the purposes of the legitimate interests pursued by the controller or by a third party and not overridden by your data protection interests or fundamental rights and freedoms; (4) where we have legal obligation to collect and Process Personal Information and are the controller in respect of such data; (5) or where the Processing is necessary to protect your vital interests.
RIGHTS OF DATA SUBJECTS UNDER GDPR. We honor the rights given to individuals from the United Kingdom and from European Economic Area countries. EEA based data subject are provided with following rights under GDPR:
- Right to rectification. The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to limitation of Processing.The data subject shall have the right to obtain from the controller restriction of processing where one of the provisions set out in the Art. 18 GDPR applies.
- Right of access by data subject. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed.
- Right to erasure. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the provisions set out in the Art. 17 GDPR applies
- Objecting to object processing of Personal Information. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. .
- The right to lodge a complaint with supervisory authority.
- The right to data portability of collected Personal Information. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided
EXECUTION OF RIGHTS. Upon request filed pursuant to GDPR requirements, we will provide the information free of charge. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. The filing of the request is free of charge. We will review and pronounce on the request within 1 month as of its filing and provide an answer to the requesting person taking into account their preferred form for the provision of the information (orally or in writing – as a hard copy of electronically). The term of review may be extended to 2 months in exceptional cases, and the data subject will be informed about such delay. Where data does not exist or law forbids their provision, access of the requesting party to such data is refused.
14.2. California specific terms based on California Consumers Privacy Act
This section applies only to consumers based in California, who are subject to California Consumer Privacy Act (“CCPA”).
EXECUTION OF RIGHTS. According to CCPA California consumers has the following rights:
- Disclosure of Personal Information. As a California consumer, you are entitled to receive information about categories of sources for Personal Information we collected about you andPersonal Information we collected about you (also called a data portability request).
- Right to request deletion of Personal Information. You have the right to request the deletion of Personal Information that we collect or maintain about you.
- Right to opt-out of sale of Personal Information. You can request us not to sell your Personal Information. For avoidance of doubts, we do not and will not sell your Personal Information.
- Right to non-discrimination. Right to non-discrimination means that California consumers will not receive any discriminatory treatment when exercise one of their privacy rights.
California consumers have the right to request information about what information was Processed over the past 12 months. Once we receive and confirm verifiable consumer requests, we will, within 45 days, provide you with a response.
15. Contact us
Email: [email protected]
Address: Zenduit Inc, 102-2680 Matheson Blvd East, Mississauga, ON L4W 0A5, Canada