Data Processing Agreement
GDPR – Data Processing Agreement
This document lays out the responsibilities of GPS Cloud Tracker , hereafter referred to as GPS Cloud Tracker , to its customers with regards to data protection in general and the European Union’s General Data Protection Regulation (GDPR) specifically.
This document applies from 25 May 2024
1. GPS Cloud Tracker , as Data Processor, Definitions
GPS Cloud Tracker is a Data Processor operating on behalf of its customers.
Customers are individuals or organizations paying money to use the GPS Cloud Tracker service. Free trial users of the GPS Cloud Tracker Service are not Customers and should not send GPS Cloud Tracker personal data.
GPS Cloud Tracker Customers are Data Controllers.
“Personal data” means any information relating to an identified or identifiable person.
“Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR and, to the extent applicable, the data protection and privacy laws of the European Union.
“Services” means the GPS Cloud Tracker Tracking Software and the professional services provided by Track-Platform.
“Sub-processor” means any Data Processor engaged by GPS Cloud Tracker .
“Data Subject” means the individual to whom Personal Data relates.
- Processing of Personal Data
The use of the service implies that GPS Cloud Tracker may process personal data on behalf of the Data Controller in accordance with the requirements of Data Protection Laws. The Data Controller will ensure that instructions to GPS Cloud Tracker for the processing of personal data comply with Data Protection Laws. The Data Controller is solely responsible for the accuracy, quality, and legality of Personal Data and the means by which it acquires personal data.
The inputs to the GPS Cloud Tracker Service provided by the Data Controller are geographic coordinates or place names/addresses. No other data should be sent to GPS Cloud Tracker . The Data Processor is advised to make full use of these options and bears sole responsibility for failure to do so.
GPS Cloud Tracker will never reveal/share/sell the data of their clients to third parties.
GPS Cloud Tracker lays out a full and accurate description of its data protection practices and the privacy policy on its website at can be found here. This description is updated from time to time as and when practices change.
- Rights of Data Subjects
The Data Controller is solely responsible for collecting of all necessary consent from Data Subjects to allow GPS Cloud Tracker to process personal data on its behalf.
GPS Cloud Tracker will, to the extent legally permitted, promptly notify the Data Controller if it receives a request from a Data Subject for access to, or deletion of, that person’s personal data. GPS Cloud Tracker will not respond to a Data Subject request without the Data Controllers prior written consent except to confirm that the request relates to the Data Controller. The Data Controller is solely responsible for completing such requests as required by law.
- Personnel
GPS Cloud Tracker ensures that its personnel engaged in the processing of personal data are informed of the confidential nature of the personal data, have received appropriate training on their responsibilities and have agreed to confidentiality obligations that survive the termination of that persons’ employment or engagement by GPS Cloud Tracker .
GPS Cloud Tracker shall take commercially reasonable steps to ensure the reliability of any GPS Cloud Tracker personnel engaged in the processing of personal data and that access to personal data by GPS Cloud Tracker is limited to that GPS Cloud Tracker personnel who require such access to perform the Services.
- Sub-Processors
The Data Controller agrees GPS Cloud Tracker may engage third-party Sub-processors to provide the Services and such Sub-processors may access personal data, and appoint additional levels of Sub-processors, only for purposes of providing the services GPS Cloud Tracker retained them to provide and not for any other purpose.
GPS Cloud Tracker agrees to be liable for the acts and omissions of its Sub-processors to the same extent GPS Cloud Tracker would be liable if performing the services of each Sub-processor directly under the terms of this agreement.
- Security
GPS Cloud Tracker agrees to implement and maintain the administrative, technical, and physical safeguards of personal data stored using the Services.
- Security Breach Management and Notification
If GPS Cloud Tracker becomes aware of unlawful access to the Data Controller’s personal data stored through the Services, or unauthorized access to the Services resulting in loss, disclosure, or alteration of the Data Controller’s personal data (“Security Breach”), GPS Cloud Tracker will promptly: (a) notify the Data Controller of the Security Breach; (b) investigate the Security Breach and provide the Data Controller with information known to GPS Cloud Tracker about the Security Breach; and (c) follow its policies and procedures to mitigate the effects and to minimize any damage resulting from the Security Breach.
The Data Controller agrees that an unsuccessful Security Breach attempt will not be subject to Section 7.1 above. An unsuccessful Security Breach attempt is one that results in no unauthorized access to the Data Controller’s personal data or to the Services storing your Personal Data, and may include, without limitation, pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, packet sniffing (or other unauthorized access to traffic data that does not result in access beyond IP addresses or headers) or similar incidents.
Notification(s) of Security Breaches, if any, will be delivered to one or more of the Customer’s business, technical or administrative contacts by any means GPS Cloud Tracker selects, including via email. It is Customer’s sole responsibility to ensure it maintains accurate contact information on GPS Cloud Tracker support systems at all times.
GPS Cloud Tracker report of and/or response to a Security Breach under this Section will not be construed as an admission by GPS Cloud Tracker to fault or liability with respect to the Security Breach.
- Deletion of Customer Data
GPS Cloud Tracker agrees to delete Customer personal data and all relevant information in accordance with GPS Cloud Tracker procedures and Data Protection Laws.
At a Customer’s request, GPS Cloud Tracker provides the Customer with a certification of deletion of personal data.
- Legal Effect
This agreement comes into effect from the time of purchase of a GPS Cloud Tracker subscription. It expires with the cessation of the Customer’s GPS Cloud Tracker subscription.