Privacy Policy

This notice describes the personal data the Bertschi Truck Tracer App (TTA) collects and how it’s used. We recommend that you read this privacy policy, which highlights the key points about our privacy practices.

Last modified 18.08.2021

Scope

This notice applies to users of TTA anywhere in the world.

Bertschi TruckTracer App (TTA) is a mobile application provided by Bertschi AG. It enables all drivers, which are executing transport orders for Bertschi, to process those transport orders digitally. Drivers get an overview of their transport orders, they can share status updates with Bertschi and they can scan and submit transport documents as well as personal attestations. Furthermore they can directly call their dispatcher via the app, chat with him/her and they can report near miss incidences as well as container damages digitally.

This notice describes how TTA collects and uses personal data and applies to all users of the TTA. This notice specifically applies to:

• Drivers: individuals who provide or submit transport and/or order specific information by, through and with the TTA.

TTA users which are subject to this notice are referred to as "users" in this document.

In addition, please note the following:

• TTA data practices are subject to applicable laws in the places in which TTA operates. This means that we engage in the practices described in this notice in a particular country or region only if permitted under the laws of those places. Please contact Bertschi AG with any questions regarding our practices in a particular country or region.

Data controller and transfer

Bertschi AG is the data controller of the personal data collected in connection with the use of TTA in the European Economic Area and the United Kingdom.

The data we collect

TTA collects:

• Data created during login to the TTA:
  • Phone number to match with already known number
• Data created during the use of TTA, such as:
  • Location
  • Order status updates
  • Scanned, uploaded and shared documents by the user via the TTA
  • Pictures made, uploaded and shared via the TTA by the user

The following data is collected by or on behalf of TTA:

• Data provided by users. This includes:
  • User profile: We collect data when users login to the TTA. This may include their manually entered phone number.
  • Order status updates: Data entered by the user regarding the order and the transport unit (e.g. container). The data includes but is not limited to the expected and actual arrival time at destination of the transport unit.
  • Scans: During the use of TTA the user is enabled to scan different documents, such as but not limited to CMR, weight notes, customs documents, etc..
  • Photos: During the use of TTA, the user is enabled to take pictures and share them with the SHEQ department of Bertschi AG.
• Data created during use of TTA. This includes:
  • Location data: We collect location data from a user’s mobile device for active transportation orders (meaning orders which are started but not finished yet) and stop collecting such data upon confirmation of the completion of the transport order. TTA collects this data when the TTA is running in the foreground (app open and on-screen) or background (app open but not on-screen) of the user’s mobile device. The users have always the possibility to deactivate the TTA and thus to stop sending location data for active orders. This can be done with an integrated “activation/deactivation” switch.
  • Communications data: We enable users to communicate with the SHEQ-/ Drivers-Department of Bertschi AG through automatic mail distribution via TTA. For example; we enable drivers to collect pictures with the device’s camera for Near Miss reports, Interchange reports and driver attestations During an order the driver and the dispatcher can use a chat function within the TTA. This chat function is order-related and only available during the active (incomplete) order. Upon completion of the order, the chat function is closed and is no longer visible to the driver. All chat histories will be deleted 2 months after completion of the order.
  • Document scans: All scans, including but not limited to CMR, cleaning certificates, customs documents, weight notes, etc. are performed through and by the integrated SDK from Scanbot. The scans are forwarded to Bertschi AG’s transport management system (TMS), saved and linked to the corresponding transport order. For further information about the privacy policy of the Scanbot functionality you can visit following website: https://scanbot.io/en/privacy.html#app

TTA may combine the data collected from these sources with other data in its possession.

How we use personal data

TTA is not using personal data. TTA is not sending personal data to the customer. TTA collects and uses data about the location of the transport unit to enable reliable and convenient transportation, delivery and in some cases, information about the loaded product.

Information about the location (of the transport unit), status updates of the order and information about the product and order in general is exchanged between TTA and Bertschi AG’s transport management system (TMS).

Bertschi AG does not sell or share user’s personal data with third parties.

Research and development: We may use the data that is collected for testing, research, analysis and product development to improve the user experience. This helps us to improve and enhance the safety and security of our services, develop new features and products and improve our ability to prevent the use of our services for illegal or improper purposes.

Legal proceedings and requirements: We may use the personal data we collect to investigate or address claims or disputes relating to the use of TTA services, or as otherwise allowed by applicable law, or as requested by regulators, government entities and official inquiries.

Cookies and third-party technologies

TTA may use cookies and other identification technologies for purposes described in this notice.

Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. TTA uses cookies and similar technologies for purposes such as:

• Authenticating users
• Remember user preferences and settings

Data sharing and disclosure

Some of TTA’s products, services and features require sharing data with our subsidiaries and partners, for legal reasons or in connection with claims or disputes.

TTA may share the data it collects. This includes sharing:

• Location information
• User generated content such as:
  • Order updtes
  • Scans
  • Photos

At the user’s request TTA may share data with:

• Other people at the user’s request. For example, we share a scanned driver’s license with the SHEQ department of Bertschi AG.

TTA may share user’s personal data if it is required by applicable law, regulation, operating license or agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns. This includes sharing personal data with law enforcement officials, public health officials, other government authorities, or other third parties as necessary to enforce our Terms of Service, user agreements, or other policies, to protect TTA’s rights or property or the rights, safety, or property of others; or in the event of a claim or dispute relating to the use of our services.

With consent:

TTA may share a user’s personal data other than described in this notice if we notify the user and they consent to the sharing.

Data retention and deletion

TTA retains user profile for as long as a user maintains their TTA account. TTA may retain certain user data after receiving an account deletion request if necessary, such as to comply with legal requirements.

Grounds for processing

We only collect and use personal data where we have lawful grounds to do so. These include processing user personal data to provide requested services and features, for purposes of TTA’s legitimate interests or those of other parties, to fulfill our legal obligations, or based on consent.

We collect and use personal data only where we have one or more lawful grounds to do so. Such grounds may vary depending on where our users are located, but generally include processing personal data:

• To provide requested services and features:
  • In order to provide our services, we must collect and use certain personal data.
    This includes user profile data, which we use to establish and maintain user accounts and verify user identity.
• With consent:
  • TTA may collect and use personal data based on the user’s consent.
  • A user who has provided consent to a collection or use of their personal data can revoke it at any time. However, the user will not be able to use any service or feature that requires collection or use of that personal data.

In order to safeguard the availability, confidentiality and integrity of the data as well as the resilience of the data processing systems, a group wide security concept is in place which also includes strict access management and system protection measures. 

TTA enables users to access and control the data that TTA collects, including through:

• In-app settings
• Device permissions

Through a switch in the menu “More” of the TTA the user is enabled to deactivate any activity of the TTA. As a consequence, no information will be transmitted, including location, status-updates and chat-messages.

Most mobile device platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without the device owner’s permission, and these platforms have different methods for how that permission can be obtained. iOS devices notify users the first time the TTA app requests permission to access certain types of data and gives users the option to grant or refuse permission. Android devices notify users of the permissions that the TTA requires before their first use of the app and use of the app constitutes a grant of such permission. Also during the use of the app the users are asked to give initial permission if a certain type of permission (e.g. the camera for document scanning) is needed for the first time.

TTA users are asked to grant access of the TTA to:

• Location
• Camera
• Storage

User data requests

TTA provides users with a variety of ways to learn about, control and submit questions as well as comments about TTA’s handling of their data.

• Accessing data: Users can ask for an explanation of the data we collect from them and how we use it.
• Changing or updating data: Users can edit the name and phone number associated with their account by requesting Bertschi AG to do so. They may also ask that TTA changes or updates their data, including if they believe such data is inaccurate or incomplete.
• Objections, restrictions and complaints: Users may request that TTA stops using all or some of their personal data, or that Bertschi AG limits the use of their data. TTA may continue to process data after such objection or request to the extent required or permitted by law and the contractual conditions, which makes the use of such data mandatory for a proper function of the TTA.

In addition, depending on their location, users may have the right to file a complaint relating to TTA’s handling of their personal data with the data protection authority in their country. For example, users in the European Union may submit such requests to the data protection authorities in the country in which they live.

We may occasionally update this notice. Use of our services after an update constitutes consent to the updated notice to the extent permitted by law.

If we make significant changes, we will notify users in advance of the changes through the TTA app or through other means, such as email. We encourage to periodically review this notice for the latest information on our privacy practices. After such notice, use of our services by users in countries outside the European Union will be understood as consent to the updates to the extent permitted by law.