Regulations that govern personal data protection
There are currently various documents covering data protection in place at the national, international, and European levels. The most important ones are the following:
- Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealed on 25 May 2018 by Regulation (EU) 2016/679.
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- Charter of Fundamental Rights of the European Union (2012/C 326/02).
- Convention for the protection of individuals with regard to the automatic processing of personal data.
TEEPTRAK undertakes to abide by its obligations in accordance with the aforementioned regulations, particularly the General Data Protection Regulations (GDPR).
We strongly advise all our customers to be particularly vigilant on these aspects of compliance. Other, more specific regulations may exist, including for certain specific categories of personal data. In such cases, organisations are solely responsible for correctly identifying the regulations applicable to their business activities, and achieving compliance with them.
Data Protection Officer (DPO): oversees data protection strategy and implementation to ensure compliance with GDPR.
TEEPTRAK’S DPO is Francois Coulloudon.
The DPO acts as a fully independent internal watchdog, ensuring that TEEPTRAK’s data processing operations are compliant with all applicable European regulations.
The DPO is totally committed to his objectives and has the resources at his disposal to operate completely independently, without any conflicts of interest. He regularly runs awareness and training sessions for the Group’s employees and is there to answer their questions on privacy and data protection. He is also the first point of contact for any customers who need guarantees for the measures they have implemented in order to conform with applicable regulations, including the GDPR.
The DPO can be contacted regarding data protection and privacy at anytime using this email address: email@example.com
The General Data Protection Regulation (GDPR) is the new legal framework of data protection law across the EU, and is due to come into force on 25th May 2018. Contrary to Directive 95/46/EC, which governed this processing prior to this point, the GDPR has direct effect within the Union and does not need to be transposed at national level. In this way, it will aim to harmonise laws governing the processing of personal data across Europe. Even better, the GDPR enshrines a principle of extraterritoriality, which means that, in certain circumstances, the scope of its application can be extended beyond the frontiers of Europe.
If you are an organisation that processes personal data, you are highly likely to be governed by the provisions of the GDPR. In this regard, you are subject to obligations and must abide by them. The same is true of TEEPTRAK, which, in view of its situation, is bound by different obligations, in its capacity as a processor and as a data controller.
Understanding the real, specific issues at stake in European regulations is not always an easy task, especially when the regulation in question contains 99 articles, 173 recitals and numerous lines of guidance on how it will apply. Understanding these issues is nonetheless essential in order to avoid any risks that may arise from an excessively broad or imprecise interpretation of your organization’s regulatory obligations. A proper understanding of the terms defined below is therefore essential:
- Personal data: any information relating to an identified or identifiable real person. An identifiable real person is defined as any real person who can be directly or indirectly identified.
- Processing: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collecting, recording, transmission, storage, conservation, extracting, consultation, use, disclosure by transmission and so on.
- Controller: the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
- Processor: the natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
TEEPTRAK as a processor
It is undoubtedly in this last scenario that you will deal the most frequently with TEEPTRAK. TEEPTRAK is classed as a “processor” when it processes personal data on behalf of a data controller. This will typically be the case when you use the services of TEPTRAK and you store data on an TEEPTRAK infrastructure. Within the limit of its technical restrictions, TEEPTRAK may process any data stored solely in accordance with your instructions, and on your behalf.
As a processor, TEEPTRAK commits to:
- Processing personal data solely for the purposes of carrying out the services correctly: TEEPTRAK will never process your information for any other purposes (marketing, etc.).
- Keeping your data inside the EU and only in countries recognized by the European Union as offering a sufficient degree of protection, provided that you do not select an infrastructure located in a geographical area outside the EU (like on our Chinese infrastructures).
- Informing you if we have enlisted a subcontractor to process your personal data: to date, no services involving any access to data you have stored as part of the service have been subcontracted outside TEEPTRAK.
- Applying strict security standards to provide a high level of security for our customers.
- Reporting any data breach to you without “undue delay”.
FAQ: Who owns the personal data used and stored by the customer as part of the services?
The that customers host on our services remains the property of the customers in question.
TEEPTRAK will not access this data except where necessary in order to perform the services, within the limits of its technical restrictions. TEEPTRAK will never use this data except for anonymous analysis of performance impact of our solutions for our clients.
Any resale of the aforementioned data, as well as any use of the data for commercial purposes (e.g. data mining, profiling activity or direct marketing), is strictly prohibited.
TEEPTRAK as a data controller
TEEPTRAK is classed as a “data controller” when we determine the purpose and method of “our” personal data processing.
This is typically the case when TEEPTRAK collects data for billing, managing accounts receivable, improving the quality of services and performance, sales prospecting, commercial management, etc. But it is also the case when TEEPTRAK collects personal data on its own employees.
In this scenario, ‘your’ data – the data that you store on TEEPTRAK’s infrastructures – is not affected. On the other hand, certain information concerning you or concerning your employees (the identity and contact details of your contact person at TEEPTRAK as part of a request for technical assistance, for example) may be. This is why TEEPTRAK is keen to explain the guarantees put in place to ensure that this personal data is protected.
User data on our infrastructures
When using our Web based platforms (especially www.teeptrak.net), it is possible that personal data are collected (names, emails for automated reports, operators identity linked to machine performance). It is possible to contact TEEPTRAK’s DPO at any time to know what private data has been entered in the system. We commit to assist the processor (ie. the company using our system) to manage properly any personal data.
TEEPTRAK, as a data controller, commits to:
- Limiting data collection to what is strictly necessary: as part of these efforts, when you order a service, you only enter the details needed for TEEPTRAK to provide invoicing and support services, and to fulfil our own legal obligations concerning data retention (notably pursuant to Law 2004-575 of 21st June 2004, on confidence in the digital economy).
- Not using gathered data for any purposes other than those for which it was collected.
- Conserving personal data for a limited and proportionate time. So as an example, the data processed in order to manage the relationship between the customer and TEEPTRAK (surname, first name, postal address, email address, etc.) is retained by TEEPTRAK for the entire duration of the contract and thirty-six (36) months afterwards. At the end of this period, the data is deleted on all platforms and backups.
- Not transferring this data to third parties other than companies associated with TEEPTRAK and acting as part of the performance of the contract.
- Implementing appropriate technical and organizational measures to ensure a high degree of security.
- For its core business, TEEPTRAK has implemented several techniques and procedures to protect its clients’ data.
- Here is some information regarding implemented safety measures:
- Encryption: The HTTPS protocol use our SSL certificate (256 bits) verified by the well-known third party GeoTrust.
- Unsecured HTTP traffic is redirected to encrypted HTTPS protocol.
- Authentication: each tablet is identified by a UDID (Unique Device Identifier) and need to be authorized by our service
- Authorization: each authorized tablet got a dedicated token
- User passwords are encrypted with the “salt” method (addition of random data)
- Once data are pushed to the server they are removed from the tablet after 1 week (and then available only on the online platform).
- Our production servers use private network and firewall to expose only public services HTTP and HTTPS. All data is backed-up on another server, physically separated, provided by OVH. We don’t use “cloud” infrastructure to always know where physically is clients’ data.
- Server application uses well-known framework Ruby-On-Rails that includes technology and tools to avoid security leaks. Our system is protected against most frequent attacks: SQL injection, Cross Site Scripting (XSS), Cross-Site Request Forgery, Header injection and more.
- Each hardware elements can be disconnected from the “chain” and connected again. No data will be lost unless the Bluetooth module is powered-off or disconnected.
Our European infrastructures are based exclusively on dedicated OCH servers based in France. We know precisely the physical location of clients’ data using European infrastructure. More information: https://www.ovh.co.uk/personal-data-protection/security.xml
• Headquarters: 2 rue Kellermann, 59100 Roubaix, France.
• Servers location : GRA-1, Route de la Ferme Masson, 59820 Gravelines, France
For more information and/or to access or enquiry about personal information that we might have, you can contact TEEPTRAK’s DPO, Francois Coulloudon, at this address: firstname.lastname@example.org