Driver Walk-around Check App

Privacy Policy

Welcome to Distinctive System’s privacy policy for the Driver Walk-around Check App.

Distinctive Systems Limited (We or DSL) respects your privacy and is committed to protecting your personal data.  This privacy policy will inform you how we look after your personal data when you use our app and tell you about your privacy rights and how the law protects you.

1. Important information and who we are

(a) Important information about this App

The App will only work if the company that you work for or are employed by (your Employer) has DSL’s Vehicle Maintenance System or Vehicle Maintenance System Walk-around Check Edition (VMS).  If that is not the case then we recommend that you delete the App immediately.

The App will ask to use the camera on your device and to permit use of your GPS location. If you are not willing to agree to these then you must decline such permission on your device. If you agree to use of your camera and/or your GPS location then the record of the GPS location at which you use the App to carry out a driver walk-around check and any photographs submitted to the App will be retained by us and passed to your Employer.

This app is not intended for use by anyone under the age of 18. We do not knowingly collect data relating to children.

This app uses Google Maps to record your location.  We therefore recommend that you read Google’s privacy policy which sets out how Google will use your personal data.

(b) Purpose of this Privacy Policy

By using Driver Walk-around Check App (the App) you will provide certain personal data to us.  It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

By downloading and using the App you are accepting and consenting to the practices described in this policy.

(c) Data Controller

Distinctive Systems Limited is the data controller and responsible for your personal data.  Your Employer will have their own rules and procedures on the use of your personal data and you should familiarise yourself with these as well as reading this privacy policy.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

(d) Contact Details

Our full details are:

Full name of legal entity: Distinctive Systems Limited
Name or title of DPO:  Catherine Whitehead
Email address: GDPR@distinctive-systems.com
Postal address: Amy Johnson Way, York, YO30 4XT

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

(e) Changes to the privacy notice and your duty to inform your Employer of changes

This version was last updated on 18^th May 2018.

It is important that you notify your Employer of any changes to your personal data. Your Employer can update your personal data through VMS. 

2. The data we collect about you

We may collect and process the following data about you:

• Information you give us. You may give us information about you by:
  • using the App including recording the registration number or other identification details for the vehicle;
  • uploading photographs taken during the driver walk-around check or in reporting a defect in the vehicle; and/or
  • reporting a problem with the App.

The information you give us may include your name, e-mail address, your password and the name of your Employer.

• Information we collect about you. Each time you use the App we may automatically collect the following information:
  • technical information which we collect about your Device: including but not limited to the device ID, login history and reason for failed logins.
  • information about your use of the App, including details of your use of the App including the location at which you use the App; a record of the time when certain data is refreshed and the length of time taken to carry out the driver walk-around check; and any download errors.
  • information we receive from other sources. We may receive information about you if your Employer uses any of the other software products we provide. The data we collect from such products may be shared internally and combined with data collected from the App.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

3. How we use your personal data

We will only use your personal data when the law allows us to.  We will use your personal data in the following ways:

• Information you give to us. We will share this information with your Employer and we will use this information:
  • to provide the App to you;
  • to notify you about changes to the App;
  • to ensure that content from App is presented in the most effective manner for you and for your device.
• Information we collect about you. We will use this information:
  • to administer the App and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve the App to ensure that content is presented in the most effective manner for you and for your device;
  • as part of our efforts to keep the App safe and secure.
• Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

We do not use your data for marketing purposes.

4. Disclosure of your information

We will share your personal information with your Employer as joint Data Controllers. We will provide your Employer with the information you submit to the App in carrying out the driver walk-around checks including the GPS location data recorded at the place where the driver walk-around check was carried out or the defect in the vehicle was reported and any photographs you have submitted as part of the driver walk-around check or defect report and the length of time taken to complete the driver walk-around check.

We may also share your data with:

• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
• External Third Parties (see Glossary for definition)
• Internal Third Parties (see Glossary for definition)
• Legal duties and obligations. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the terms of our software licence with your Employer; or to protect the rights, property, or safety of DSL, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

5. Where your personal data is stored

All information you provide to us is stored on a cloud server located in the UK before being transferred to your Employer.  If you are using the App within the EEA, your personal data will not be transferred outside of the EEA.

6. Data Security

Where your Employer has given you or you have chosen a password which enables you to access the App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone outside of your organisation.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted by the App; any transmission is at your own risk. 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 once it has been received by us. 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.  It is your Employer’s responsibility to ensure the security of information received by them.

We have put in place procedures to deal with any actual or suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7. How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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 requirements.

8. Your rights

(a) Data Subject Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• 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. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. 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 data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data 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 data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

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. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data 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.

Time limit to respond

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.

9. Glossary

GENERAL

Data Protection Legislation: (i) until 24th May 2018, the Data Protection Act 1998 then (ii) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (iii) any successor legislation to the GDPR or the Data Protection Act 1998.

GDPR: General Data Protection Regulation ((EU) 2016/679).

THIRD PARTIES

Internal Third Parties

Other companies in the Distinctive System’s group acting who are based in the USA and Australia where those companies request support from us on behalf of their customers (i.e. your Employer).

External Third Parties

• Service providers acting as processors based in the UK who provide cloud storage services to us.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.