Privacy policy
Purpose
CarCloud Solutions (Pty) Ltd or the Company (“CarCloud Solutions”, “we”, “us”, or “our”) respects your privacy and is committed to protecting your personal data. This privacy notice explains how we process your personal data on our website, platform, portals and applications. This privacy notice also informs you of your privacy rights pursuant to applicable Data Protection Laws including where applicable the UK Data Protection Act 2018, the UK GDPR and the EU GDPR.
Controller for Personal Data
A “controller” is a person or organisation who alone or jointly determines the purposes for which and the way any personal data is or is likely to be processed. Unless we notify you otherwise, CarCloud Solutions is the controller of your personal data for the purposes of this website and our direct business activities.
Processor for Personal Data
Where we process personal data on behalf of our Customers for example, when providing fleet management, telematics or vehicle data services we act as a Processor and process personal data in accordance with the Customer’s documented instructions and our contractual obligations.
Scope
This privacy notice applies to the processing of personal data by us in connection with:
- Customers: Where we provide fleet management, telematics, SaaS platforms, dashboards, vehicle data analytics or related services to you.
- End Users: Employees, contractors, drivers or authorised users of our Customers who access or use our platforms, dashboards or applications.
- Suppliers: Where you provide products or services to us.
- Website Visitors: Anyone browsing our website or interacting with our content online.
Types of Personal Data
Personal data means any information about an individual from which that person can be identified. It does not include anonymised data.
CarCloud Solutions may collect, use, store and transfer different kinds of personal data grouped as follows:
- Identity Data: first name, last name, username, employee ID, title.
- Contact Data; business address, billing address, email address, telephone numbers.
- Financial Data: bank account details and payment information. Note where we use third party payment providers, we only see limited financial data.
- Transaction Data: details about payments to and from you and services provided.
- Technical Data: IP address, login data, browser type and version, time zone setting, operating system, device information and related technology.
- Profile Data: username and password, account preferences, feedback and survey responses.
- Usage Data: information about how you use our website, dashboards, portals and services.
- Marketing and Communications Data: your preferences in receiving marketing communications.
- Vehicle and Telematics Data: vehicle identifiers, trip data, route history, geolocation data and related fleet information.
Depending on your relationship with us, we may process some or all of the categories above.
Lawful Bases: How We Use Your Personal Data
We will only use your personal data where permitted by law including:
- Performance of a contract: where processing is necessary to perform a contract with you or your employer.
- Legal obligation: where processing is necessary to comply with a legal obligation.
- Legitimate interests: where processing is necessary for our legitimate interests or those of a third party, provided your rights do not override those interests.
- Consent: where required, particularly for marketing communications or non-essential cookies. You may withdraw consent at any time by contacting us.
- Vital interests: where necessary to protect your vital interests.
- Public obligation: where required in the public interest.
How We Collect Your Personal Data
Directly from You
You provide personal data when you:
- Complete website forms
- Register for an account
- Use our platform or dashboards
- Contact us for support
- Enter into a contract with us
- Subscribe to communications
Third-Party Sources
We may receive your personal data from:
- Customers who provide End User details
- Payment processors
- IT and cloud service providers
- Analytics providers
- Marketing and advertising partners
We also automatically collect certain Technical and Usage Data through cookies and similar technologies when you interact with our website or services.
Processing Tables
The following tables explain why we process personal data and the lawful basis for doing so. Please consult the applicable table relevant to your relationship with us.
Customer: Processing Information
This processing table applies to Customers and explains how CarCloud Solutions processes personal data when delivering our services. It outlines the relevant processing activities, the categories of personal data involved and the lawful bases relied upon in accordance with applicable data protection laws
Processing Activities | Categories of Personal Data | Lawful Basis |
|---|---|---|
Sign up and onboarding | Identity Data, Contact Data, Technical Data | Performance of a contract |
Configure organisational account | Identity Data, Contact Data | Performance of a contract |
Provide fleet management and telematics services | Identity Data, Contact Data, Technical Data, Vehicle and Telematics Data | Performance of a contract |
Create and manage administrator accounts | Identity Data, Profile Data | Performance of a contract |
Process payments and manage fees | Identity Data, Contact Data, Financial Data, Transaction Data | Performance of a contract; Legitimate interests |
Issue invoices and financial recordkeeping | Identity Data, Financial Data, Transaction Data | Legal obligation |
Customer support and technical assistance | Identity Data, Contact Data, Technical Data, Usage Data | Performance of a contract; Legitimate interests |
Service performance analytics | Technical Data, Usage Data | Legitimate interests |
Fraud prevention and security | Identity Data, Technical Data | Legitimate interests; Legal obligation |
Manage disputes and legal claims | Identity Data, Transaction Data | Legitimate interests; Legal obligation |
Conduct customer surveys | Identity Data, Contact Data | Legitimate interests |
Training and onboarding sessions | Identity Data, Contact Data | Performance of a contract |
Regulatory compliance | Identity Data, Financial Data | Legal obligation |
Business administration and IT security | Identity Data, Technical Data | Legitimate interests; Legal obligation |
Marketing communications | Identity Data, Contact Data | Consent or Soft Opt-in |
End User (Employee of Customer): Processing Information
This processing table applies to End Users i.e. employees or authorised users of our Customers and explains how CarCloud Solutions processes personal data when providing access to and operating our platform and telematics services.
Processing Activities | Categories of Personal Data | Lawful Basis |
|---|---|---|
Account creation and login management | Identity Data, Profile Data | Performance of a contract (with Customer) |
Authentication and access control | Identity Data, Technical Data | Legitimate interests |
Provision of telematics and vehicle services | Identity Data, Usage Data, Vehicle and Telematics Data | Performance of a contract (with Customer) |
Location tracking and route history (if enabled) | Identity Data, Vehicle and Telematics Data | Performance of a contract |
Generate fleet reports and dashboards | Identity Data, Usage Data | Performance of a contract |
Platform security monitoring | Identity Data, Technical Data, Usage Data | Legitimate interests; Legal obligation |
User support and troubleshooting | Identity Data, Contact Data, Technical Data | Legitimate interests |
System maintenance and upgrades | Identity Data, Technical Data | Legitimate interests |
Audit logging and compliance | Identity Data, Usage Data | Legitimate interests; Legal obligation |
Incident investigation | Identity Data, Usage Data | Legitimate interests |
Service communications | Identity Data, Contact Data | Legitimate interests |
Data backup and disaster recovery | Identity Data, Technical Data | Legitimate interests |
Incident investigations
In the event of an incident requiring data processing, you may upload medical records. By doing so, you consent to the medical upload as directed by your employer or the customer.
Supplier: Processing Information
This processing table applies to Suppliers and service providers and explains how CarCloud Solutions processes personal data in the course of managing our supplier relationships.
Processing Activities | Categories of Personal Data | Lawful Basis |
|---|---|---|
Engage you for services | Identity Data, Contact Data | Performance of a contract |
Manage payments | Identity Data, Financial Data, Transaction Data | Performance of a contract |
Business communications | Identity Data, Contact Data | Legitimate interests |
Legal and compliance obligations | Identity Data, Financial Data | Legal obligation |
Website Visitor: Processing Information
This processing table applies to website visitors and outlines how CarCloud Solutions handles personal data collected through the use of our website.
Processing Activities | Categories of Personal Data | Lawful Basis |
|---|---|---|
Respond to enquiries | Identity Data, Contact Data | Legitimate interests |
Website administration and security | Technical Data | Legitimate interests; Legal obligation |
Analytics and website improvement | Technical Data, Usage Data | Legitimate interests; Consent (where required) |
Deliver relevant advertising | Identity Data, Usage Data, Marketing Data | Legitimate interests; Consent (where required) |
Manage changes to terms or notices | Identity Data, Contact Data | Legitimate interests |
Note: Where required by applicable law, consent will be obtained for non-essential cookies or similar tracking technologies. Please refer to our Cookies Notice for further information.
Cookies and similar technologies
We may gather information and statistics collectively about visitors to our website. Analysis of this information demonstrates the most frequently used sections of the website and assists us in continually improving the online service. Please also refer to our cookies notice for more information on how we set cookies.
Providing personal data
Where we need to collect personal data by law or under the terms of a contract and you do not provide that information when requested we may not be able to perform the contract we have or are trying to enter into with you for example to provide you with our services. In this case we may have to cancel our service, but we will notify you if this is the case at the time.
Marketing communications
We may send you marketing communication. You have the right to object to processing of your personal data for direct marketing purposes. You can unsubscribe from receiving marketing communications from us by using the unsubscribe methods contained in communications we send to you or by contacting us. See Contact us.
Where you opt out of receiving marketing communications this will not apply to personal data provided to us as a result of registering for or using our service, your service experience or other interactions with this website.
How We Disclose Personal Information
In certain circumstances, we may disclose your personal information to third parties for contract fulfilment purposes, legitimate purposes and other reasons subject to this Notice.
Such circumstances where we disclose information may include:
- Internally: Your personal data will be used by our employees and contractors who are working on providing our services to you on a need-to-know basis.
- With our affiliates: We may share information Within our corporate group to operate and manage our business effectively and to provide you with the services you request.
- Our service partners: With vendors or other third parties who perform services on our behalf (for example IT management, customer support and cloud storage.
- Marketing partners: With business and marketing partners to provide services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices. We will firstly obtain your consent to share your contact details with third parties for marketing purposes.
- Legal advisors: To enforce any applicable terms of service and to protect or defend the Services, our rights and the rights of our users or others.
- Professional advisers: This would include bankers, auditors and insurers who provide consultancy, banking, insurance and accounting services.
- Payment Service Intermediaries: These providers help facilitate payment to us.
- Advertising networks and analytics service providers: This is to support and display ads on our website/app and other social media tools.
- Business transactions (M&A): This is in connection with a business transaction such as a merger or acquisition. Where this is the case, your personal data shall continue to be processed in accordance with this Privacy Notice.
International transfers for UK/EU
We may transfer and process your personal data outside of the United Kingdom (UK) /European Union (EU) to countries where data protection laws are less stringent than those in the UK/EU. When we transfer your personal data outside of the UK/ EU we only do so to entities that offer our users the same level of data protection as that afforded by the UK Data Protection Act 2018 (including the UK GDPR) and the EU GDPR/ Data Protection Laws.
- We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information; or
- We will use specific contracts approved for use in the UK or EU which give personal information the same protection it has in the UK/EU. For example, the use of Article 46 UK and EU GDPR safeguard mechanisms to transfer personal data endorsed by the UK Government or European Commission.
For other countries we will use local law guidance to ensure personal data is transferred securely where there is a requirement in law to do so.
Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
The transmission of information via the internet is not completely secure. Although we will take reasonable measures to protect your personal data, we cannot guarantee the security of your information transmitted and any transmission is at your own risk.
Data retention
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Controller: Data Subject Rights
Where we act as a controller under certain circumstances, you have rights under Data Protection Laws. Not all rights are absolute and depending on where you are located, not all rights are given to you. You can:
Request access to your personal data: This is known as a “subject access request” and enables you to receive a copy of the personal data we hold about you.
Request correction of your personal data: This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal data: This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. We may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you at the time of your request.
Object to processing of your personal data: This is where we are processing your personal data based on a legitimate interest or those of a third party and you may challenge this. However, we may be entitled to continue processing your information based on our legitimate interests or where this is relevant to any legal claims. See also Marketing communications.
Request restriction of processing your personal information: This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the information’s accuracy (b) where our use of the information is unlawful but you do not want us to erase it (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
Request transfer of your personal information (“data portability”): This is where in some circumstances we will provide to you or a third party you have chosen your personal data in a structured, commonly used, machine-readable format.
Right to withdraw consent: This is where we are relying on consent to process your personal data. This will not affect the lawfulness of any processing carried out before you withdraw your consent. Depending on the processing activity, we may not be able to provide certain services to you if you withdraw your consent. We will advise you if this is the case at the time you withdraw your consent.
Automated decision making: This is where decisions are made about you by automated means. We do not carry out automated decision making.
Carrying out your data subject rights
You will not have to pay a fee to access your personal data or to exercise any of the other rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information or to exercise any of your other rights. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
If you wish to exercise any of the rights set out above, please contact us.
Processor: Data subject rights
Where we act as a processor, you should first contact your employer regarding any exercise of your data subject rights. We may assist your employer (our customer) in responding to your request but all requests must be submitted through your employer in the first instance.
Keeping personal information accurate and current
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. Please contact us if you wish to update your personal data.
Concerns and complaints
We would appreciate the chance to deal with your concerns in the first instance. Please see Contact us section. If you have unresolved issues, you have the right to complain at any time to a data protection supervisory authority for data protection issues such as the UK data protection regulator – the Information Commissioner’s Office (ICO).
You may lodge a complaint with a supervisory authority if you live or work outside the UK or you have a complaint concerning our personal data processing activities.
Changes to our privacy notice
This privacy notice may be changed from time to time in response to legal, technical or business developments. We will take appropriate measures to inform you when we update our privacy notice. We will obtain your consent to any material privacy notice changes if and where this is required by applicable Data Protection Laws.
Contact us
If you would like more information about the way we manage personal information that we hold about you please contact us at:
Email address: hello@carcloudsolutions.com
