Tierra Privacy Policy Statement

Your privacy and trust are important to us and this Privacy Statement (“Statement”) provides important information about how Tierra (“Tierra”, “we” or “us”) handles personal information. This Statement describes which personal data we collect through our website, applications, products, software, or the service that links to such website, applications, products and/or software, as well as through our sales and marketing activities (collectively, our “Services”) and the purpose why we process your personal information.

Subject of data protection is personal data (hereinafter “Personal Data” or “Personal Information”). Pursuant to Art 4 No. 1 of the European Regulations dated April 27^th, 2016 no. 679 (“GDPR”), this is all information relating to an identified or identifiable natural person; this includes, for example, names or identification numbers.

Please read this Statement carefully and contact our e-mail address privacy@tierratelematics.com if you have any questions about our privacy practices or your personal information choices.

It is important that you check back often for updates to this Statement. If we make changes we consider to be important, we will let you know by placing a notice on the relevant Services, and/or contacting you using other methods such as email. An updated version of this Statement is always accessible on our website.

This Statement has been processed in compliance with the article 13 of GDPR to inform about how personal data are collected, used, communicated and stored and was last updated on July 15^th, 2019.

 

1. What Information about You is Collected by Tierra?

Tierra may request and/or collect certain personal information from you whenever you interact with us, when you enter personal information on our website or provide us with personal information in any other way, including your name, address, email address, telephone number, etc., as well as warranty information and/or other purchasing information or other information volunteered by you. Tierra may also collect other technical information such as your IP address, MAC address, internet service provider, computer operating platform, web browser, and other similar information.

We also collect personal data such as name, surname, e-mail and phone number of the relevant contact person of your company. If you work as an individual, we will also collect payment information such as bank information and VAT number. You are under no obligation to provide any personal information to Tierra, unless they are necessary for statutory law or contract requirements. However, the information Tierra collects from customers helps us personalize and improve the experience on Tierra websites and applications. If you do not provide such information, some features of Tierra websites may not be available to you.

We also collect personal information from third parties such as our partners, service providers, and publicly available websites, to offer Services we think may be of interest and to help us maintain data accuracy and provide and enhance the Services.

 

2. Name and Contact Details of Data Controller Handling Personal Information

Tierra S.p.A. (Via Lombardore 223 10040 Leinì (Turin), Italy) – privacy@tierratelematics.com

 

3. How Does Tierra Handle Your Personal Data?

1. Tierra collects, obtains, uses and provides personal information in an appropriate manner.
2. Tierra makes best efforts to ensure that personal data are precise and up-to-date.
3. Tierra takes necessary and appropriate measures to manage personal data including protecting personal data against loss, destruction, modification, unauthorized access or disclosure.
4. Tierra complies with its obligations under the GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by ensuring that appropriate technical and organizational measures are in place to protect personal data. By determining data retention periods, Tierra takes into consideration local laws, contractual obligations, and the expectations and requirements of the customers.
5. Tierra complies with laws, regulations and the guidelines as well as internal rules on personal information.
6. When contracting the handling of personal data to a third party, Tierra only entrusts contractors who meet the requirements based on Tierra’s internal rules. Tierra manages such contractors in an appropriate manner.
7. Tierra remains up to date towards any change of the EU (and national) legislation regarding data protection (including the GDPR).

 

4. What is the Purpose and Legal Basis of Personal Information Processing?

We collect, use, disclose, transfer, and store personal information when necessary to provide our Services and for our operational and business purposes, as described in this Statement.

Tierra ensures that, in the process of supply of its products and services, it will collect only the personal data necessary to carry out its business through Tierra business entities for the purposes of use (as described below).

Tierra may process your personal information for the following purposes:

• Sales of Products – Supply of products and services (“Products“); management of the contractual relationship related to the supply of Products and other business activities. The processing of the personal data is hence carried out for the execution of a contract or to comply with legal obligations, ex art 6.1 letter b) and c) GDPR.
• Use of Products – Planning, development, manufacturing, installation, support, training and maintenance of machines and equipment, supply and distribution of information on Products; contacts with customers about warranty, assistance and sales issues.  The processing of the personal data is carried out on the basis of legal regulations that allow us to process personal data to the extent necessary for the use of a service or the execution of a contract, or to comply with legal obligations,  Art 6.1 letter b) and c) paragraph 1 ter GDPR.
• Receipt, management and answer to the information requests that we receive by means of the website, through the drawing up of the forms of the “Contact” page. The processing of the personal data is carried out for the execution of precontractual measures, ex art. 6.1, letter b).
• Collection and storage of information of information acquired from potential customers who intend to receive information or download our products demo through the drawing up of the form at “Book a demo” or “Download datasheet”. The processing of the personal data is carried out for the execution of precontractual measures, ex art. 6.1, letter b).
• Marketing, Communications, advertising and involving campaigns exhibits and other events to promote the Products, through newsletters, corporate information and brochures.  In carrying out such advertising communications, the legal basis is your consent, ex art 6.1, letter a) of the GDPR, as issued at the bottom of the forms for the data collection of the website. If you provided your consent, you have the right to withdraw it at any time, as provided for at point 7.
• Competitions, market researches and online surveys; statistics to find out how Tierra websites are used, in order to improve our website or your experience with our applications. The processing of the personal data is carried out following your consent, ex art 6.1, letter a) GDPR, as issued at the bottom of the forms for the data collection of the website.
• Exercise of Rights and fulfilment of the obligations provided for by rules and regulations, management of causes to defend our rights and properties, or the rights or security of third parties, or for crime-prevention purposes. The processing is carried out because it is necessary for the compliance with a legal obligation to which the controller is subject, ex art. 6.1, letter c) GDPR.
• Application and Selection Process – We collect personal data relating to job applicants, in connection with our employment application/recruiting process, along with data included in the curricula provided by the applicants and the data processed through questionnaires and/or tests carried out within the company. Such data will be stored for a period of time of three years at the most, from their receipt. For this processing, it is not necessary to request the consent, because it is carried out following the will to begin a job relationship with Tierra, hence for precontractual activities, as provided for the art. 6.1, letter b) GDPR.

 

5. Processing of Sensitive Personal Data

We do not process the particular categories of personal data (e.g. sensitive data) as per art. 9 GDPR,  unless we have previously asked for your written consent.

 

6. Sharing of Your Personal Data

Your personal data will be shared with the following entities:

• Our Group of Companies and we have made sure that the entire Tierra Group comply with the GDPR and only share your personal information within the Tierra Group if this is legitimate, e.g. because there are necessary intra-group agreements in place, or because it serves internal administrative purposes in which case we will weigh up your conflicting interests in accordance with the GDPR.
• Service providers which have been thoroughly selected based on their compliance with the GDPR and only to fulfill the services, such as software, system and platform support; direct marketing services; cloud hosting services; data analyses; orders fulfillment and delivery. Our service providers are not allowed to share or use the personal information we make available to them for any other purpose than to provide services to us. We will enter into the necessary legal agreements with the service providers in order to protect your personal information, appointing them as data controllers.

We do not sell or share your personal information to or with any other third parties.

Moreover, personal data can be communicated to the following list of recipients, if related to the customers, or in any case, in relation with the selling of the Products:

• to external professionals for the execution of administrative and fiscal contractual fulfilments;
• to banks for the management of the collections related to your invoices;
• to law offices we hire for the possible defense of our rights or for the management of possible causes;
• to judicatures, arbitration commissions, mediation bodies and their mediators, one-sided or appointed consultants, in the event of a cause;
• to our board of auditors and to our board of statutory auditors.

In the end, personal data can be communicated to the following categories of recipients, if related to the applicants:

• companies managing employee’s research and selection

The updated list of the afore-mentioned categories of recipients can be requested to the data controller, to the email address privacy@tierratelematics.com.

 

7. Your Rights and Your Personal Data

You have the following rights with respect to your personal data:

Right of access

You have the right to request from us access to the processed personal data concerning you (to know the purposes of the processing, the categories of the personal data processed, the recipients or recipients’ categories to which data are communicated and if they reside in other countries, the period of data storage),as per Art. 15 GDPR, at any time. For this purpose, you can send your request via email to the address stated above.

Right to rectification of incorrect data

You have the right to request from us the immediate rectification of the personal data concerning you, if these are incorrect. To do this, please contact the contact e-mail address stated above.

Right to erasure

Under the requirements set out in Art 17 GDPR, you have the right to request from us the erasure of the personal data concerning you. These requirements especially provide a right to erasure where the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, the personal data have been unlawfully processed, you object to the processing or the personal data, or personal data have to be erased for compliance with a legal obligation of the European Union or national law. Regarding the period during which the personal data will be stored, please refer to No. 9 of this data protection statement. To assert one of the above-mentioned rights, please contact us at the contact e-mail address stated above.

Right to restriction of processing

You have the right to request us to restrict the processing, according to Art 18 GDPR. This right is especially valid when the accuracy of the personal data is contested, for a period enabling us to verify the accuracy of the personal data, should the data subject who has a right to erasure oppose the erasure of the personal data and request the restriction of their use, in case we no longer need the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims in a court of law, and also if a cause between us and the user should still be in progress. To assert the above mentioned right, please contact us at the contact e-mail address stated above.

Right to data portability

You have the right to receive the personal data concerning you which you have provided to us in a structured, commonly used and machine-readable format, according to Art 20 GDPR. To assert one of the above-mentioned rights, please contact us at the contact e-mail address stated above.

Right to object

 

Right to lodge a complaint

You also have the right to lodge a complaint with the responsible supervisory authority in the Member State of your habitual residence, place of work or the place where you live, if you consider that processing of the personal data relating to you infringes the GDPR.

A list of all European data protection authorities can be found here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

 

8. Cross-border Personal Data Transfer and Storage of Your Personal Data

Tierra belongs to the Topcon group, a world-wide organization, and your personal information may be stored and processed outside of your home country. We take steps to ensure that the information we collect is processed according to this Statement and the requirements of the applicable law wherever the data is located. Regardless of the location, Tierra handles personal data as described in this Statement.

We collaborate with third parties such as cloud hosting services, suppliers, and technological support located around the world to serve the needs of our company, our workforce, and of our customers. We take appropriate steps to ensure that personal data are processed, protected, and transferred according to the applicable law. In some cases, we may need to disclose or transfer your personal information to third parties in areas outside of your home country. The areas in which these recipients are located will vary from time to time, but may include the United States, Japan, European Countries outside of the Union and other countries where Tierra has a presence or uses contractors.

When we transfer personal information from the European Economic Area to other countries in which the applicable laws do not offer the same level of data privacy protection as in your home country, we take measures to provide an appropriate level of data privacy protection. For example, we use approved contractual clauses, multiparty data transfer agreements, intragroup agreements, and other measures designed to ensure that the recipients of your personal information protect it. If you wish to know more about our data transfer practices, please contact us at the email address privacy@tierratelematics.com.

 

9. How Long Do We Keep Your Personal Information?

We erase or make your personal information anonymous as soon as they are no longer required for the purposes for which we have collected or used them, in accordance with this Statement. As a rule,

• personal data related to customers are stored for the duration of the usage or of the contractual relationship, plus the period of time requested by the national rules and regulations (in general, ten years);
• data of the website users collected through the forms are stored for the time necessary to provide an answer and, in any case, they are erased after a period of 1 year at the most;
• data used for direct marketing purposes are stored until the revocation of the consent and, in any case, not after 1 year from the last utilization;
• data used for market researches purpose are stored for the time necessary to carry out the analysis and, in any case, they are erased after a period of 1 year at the most;
• applicants’ data are stored as indicated in the specific paragraph at point 4 of this statement.

 

10. Security and Safety Measures

Tierra takes data security seriously, and we use appropriate technologies and procedures to protect personal information. Our information security policies and procedures are closely aligned with widely accepted international standards and are reviewed regularly and updated as necessary to meet our business needs, technological changes, and regulatory requirements.

 

11. Links to Other Websites

Tierra website may contain links to other websites. These third-party websites have their own privacy policies, including cookies, and we encourage you to review them. They will govern the use of personal information that you submit or is collected by cookies whilst visiting these websites. This Statement does not apply to third-party websites and any personal data provided to third-party websites are at your own risk.