Privacy policy

Privacy and Personal Data Processing Policy

Data Controller details:

Company name: SEAMTRACK S.A.
RUC: 0992405112001
Legal Representative: Gabriel Alejandro Armesto
Address: Av. León Febres Cordero Km. 3.5 Vía Aurora-Samborondón Edificio River Plaza - Piso 2 – Oficina 210
City, Country: Guayaquil, Ecuador
Phone: +593 993250000
Email: protecciondatos@vigilo.ec

1. Introduction:
SEAMTRACK S.A. is an Ecuadorian company duly authorized as the distributor for Ecuador of SEAMTRACK SLU, headquartered in Madrid, Spain. SEAMTRACK sells and distributes vehicle and asset tracking devices, and provides GPS tracking services focused especially on managing vehicle fleets and assets.

2. Objective of This Policy:

To establish the criteria for the collection, storage, use, circulation and deletion of the personal data of customers, employees and suppliers processed by VIGILO.

3. Obligations:

SEAM TRACK S.A. respects the privacy of its employees, customers, contractors, suppliers and any other interested parties who have a relationship with the company, and undertakes to protect the personal data obtained in the provision of the services and products it markets, under the framework of Ecuador's Organic Law on the Protection of Personal Data (LOPDP) of May 26, 2021, published in Official Register No. 459, and its General Regulations (RGPDP), issued on November 6, 2023 by Executive Decree No. 904. This policy is therefore mandatory and must be strictly complied with by all staff working at SEAMTRACK S.A.

4. Scope:

In compliance with article 47, paragraph 4 of the Organic Law on the Protection of Personal Data (hereinafter the “LOPDP”), concerning the obligation to implement personal data protection policies, SEAMTRACK S.A. issues this Policy, applicable to the organization and to all Databases and/or Documentation, whether physical or digital, that contain Personal Data and are processed by SEAMTRACK S.A., in order to determine how the personal data of employees, suppliers, clients and others with whom SEAMTRACK S.A. has a relationship is obtained and processed, the purposes of that processing and any possible transfers.

5. Definitions:

To understand this policy, the following definitions should be taken into account:
a. Data subject: the natural person whose personal data is processed.
b. Personal data: any information relating to an identified or identifiable natural person.
c. Sensitive data: personal data that affects the data subject's privacy or whose improper use may lead to discrimination.
d. Database: any organized set of data, whatever its form, medium, processing, storage or method of creation.
e. Consent: the unequivocal, free, informed and specific expression of will by which the data subject authorizes the controller to process their personal data.
f. Collection: the process by which a person's personal data is obtained.
g. Transfer or disclosure: the process by which personal data is shared with a third party other than the data subject, the controller or the processor.
h. Data processing: any operation or set of operations performed on personal data, such as collection, storage, use, disclosure, transfer and deletion.
i. Exercise of data subject rights: the set of rights held by the data subject, such as Access, Rectification, Erasure and Objection to the processing of their personal data, and Data portability.
j. Data controller: the natural or legal person who decides on the purposes and means of the processing of personal data.
k. Data processor: the natural or legal person who processes personal data on behalf of the data controller.
l. Personal Data Protection Officer: the person responsible for informing the controller and the processors of their obligations, for ensuring compliance with personal data protection regulations, and for cooperating with the Personal Data Protection Authority.
m. Anonymization: the process that makes it impossible to identify the data subject by deleting or altering the information that would allow their identification.
n. Pseudonymization: the process by which the data subject's personal information is replaced with an identifier in order to protect their privacy.
o. Personal data security: the measures adopted to protect personal data against loss, theft, misuse, unauthorized access, alteration or destruction.
p. Superintendencia de Datos (Ecuador's Data Superintendency): the body responsible for supervision, oversight and enforcement in matters of personal data protection in Ecuador.
q. Personal data security incident or personal data breach: any event or situation that compromises the integrity, availability or confidentiality of personal data or the rights of the data subject.

6. Legal Basis for Personal Data Processing:

The processing of personal data by SEAM TRACK S.A. is based on Ecuador's Organic Law on the Protection of Personal Data (LOPDP) of May 26, 2021, published in Official Register No. 459, and on the General Regulation on the Protection of Personal Data (RGPDP) issued on November 6, 2023 by Executive Decree No. 904, published in Official Register No. 358. SEAMTRACK S.A. may process your personal data in accordance with articles 7, 8, 9 and 26 of the LOPDP on the following legal bases: ● Consent: explicit consent of the data subject.
● Performance of contracts: processing necessary for the performance of a contract with the data subject.
● Legal obligations: compliance with applicable legal obligations.
● Legitimate interests: the legitimate interests of SEAM TRACK S.A., provided that the fundamental rights and freedoms of the data subjects do not override them.

7. Rights of Personal Data Subjects:

Data subjects have the following rights:
● Access: To know what personal data we hold about them and how we use it.
● Rectification: To request the correction of inaccurate or incomplete data.
● Erasure: To request the deletion of their data when it is no longer necessary for the purposes for which it was collected.
● Objection: To object to the processing of their personal data on legitimate grounds.
● Portability: To receive their data in a structured, commonly used format.
● Restriction: To request the restriction of the processing of their data in certain circumstances.
● Complaint: To file a complaint with the competent data protection authority.

8. Principles of Personal Data Processing:

SEAMTRACK S.A. is committed to processing personal data in accordance with the following principles (art. 10, LOPD):
● Lawfulness, fairness and transparency: Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject. ● Purpose limitation: Personal data shall be collected for specified, explicit and legitimate purposes and shall not be further processed in a manner incompatible with those purposes.
● Data minimization: Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. ● Accuracy: Personal data shall be accurate and, where necessary, kept up to date.
● Storage limitation: Personal data shall be kept in a form that permits identification of data subjects for no longer than is necessary for the purposes of the processing.
● Integrity and confidentiality: Personal data shall be processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing.
● Security of personal data: Appropriate security measures shall be implemented, whether organizational, technical or of any other nature, to protect personal data against any risk, threat or vulnerability, taking into account the context of the risk.
● Proactive and demonstrated accountability: Mechanisms shall be implemented for the protection of personal data in compliance with the principles, rights and obligations set out in the LOPDP, in line with best practices in this field.

9. Personal Data Collected:

SEAMTRACK S.A. may collect the following types of personal data:
● Identification data: First and last names, national ID number, date of birth, RUC (taxpayer ID).
● Contact data: Address, phone number, email address.
● Financial data: Payment and billing information, credit history.
● Asset data: Information on assets and liabilities.
● Commercial data: Purchase history, trade references, product preferences, information about projects and specific needs.
● Employment data: Information on employees and job candidates.
● Browsing data: Information collected through cookies and similar technologies on our website.
As for the data collected by the vehicle tracking service and by communications with the customer:
● Vehicle location data obtained from GPS, with the date and time from the tracking unit
● Camera recording data when a connected camera (“Camera”) is used.
● Additional data that the unit collects from the tracking unit / Camera:
● Vehicle ignition status
● Vehicle speed and heading
● Three-dimensional vehicle acceleration and braking data
● Tracking unit orientation, signal strength and GPS satellites in the data display
● Driver tag identification when installedAdditional wired input when installed; for example, temperature monitoring, status of the connected device (tail lift, pump, spreader, cutting equipment, etc.), vehicle door open/closed or vehicle load status.
Third-party information: Company – Customer:
● Information collected by insurance companies or banking institutions that have a contractual and/or credit relationship with the driver and/or the vehicle owner, and that therefore purchase our service through a third party and become a company-customer.

10. Purpose of Personal Data Processing:

The purpose of processing the information you provide us is to deliver the services that the customer, or the customer company, has contracted us to perform.
● Sales Management: Order processing, invoicing, credit, collections and product delivery.
● Customer Service: Answering inquiries and providing technical assistance and after-sales support.
● Marketing: Sending information about products, promotions and events.
● Service Improvement: Evaluating and improving our products and services.
● Legal Compliance: Meeting legal and regulatory obligations.
● Recruitment: Processing job applications and managing the employment relationship with our employees.
In addition, as regards the provision of the service, the information may be used for:
● Real-time vehicle tracking, displayed on maps.
● Records and reports of vehicle journeys, displayed on maps. Time-control reports with mileage, vehicle speeds, driving time, idle time and parking time.
● Driving-style data, including acceleration, deceleration and speed compared with other vehicles.
● Geofencing and alerts to highlight activity in specific locations.
● Viewing camera images when a camera is used.
We will also use data subjects' information to contact customers as part of the services we offer; this includes sending reports, scheduling appointments to install the vehicle tracking unit, addressing issues with the data received from the vehicle tracking unit or scheduling service appointments to investigate problems with the vehicle tracking unit, as well as news about products, services and promotions.

11. Processing of Personal Data:

Vehicle location data is processed in order to determine a street address for the location. It may also provide information on driving style and driving time, where required either by the customer or by the customer company. In our support and customer service area, we may record telephone calls for quality and training purposes.

12. Transfer of Personal Data:

SEAMTRACK S.A. will not share personal data with third parties, except where this is necessary to comply with legal or contractual obligations or where the data subject's explicit consent has been obtained. In the case of international data transfers, SEAMTRACK S.A. will ensure that the receiving country offers adequate levels of personal data protection, in accordance with the regulations in force. We may also disclose your information if we believe we are required to do so in order to comply with the law, enforce our site policies or protect our rights, property or safety. However, information that does not allow a visitor to be personally identified may be disclosed to third parties for marketing, advertising or other uses.

13. Information Security:

At SEAMTRACK S.A. we apply security measures in compliance with Ecuador's personal data protection regulations and related legislation, along with best practices, in order to keep your personal information secure. Access to the application requires security credentials, with feature-level access defined for each user account. All sensitive information, or information related to credit matters, is transmitted using Secure Socket Layer (SSL) technology and is then encrypted in our payment gateway providers' database, so that it can only be accessed by those authorized with specific access rights to those systems, and subject to their oversight of the confidential nature of the information. After a transaction, your private information (credit cards, identification number, banking information, financial situation, etc.) will not be kept for more than sixty days.

14. Retention of Personal Data:

Personal data will be kept only for as long as necessary to fulfill the purposes for which it was collected, and in accordance with the applicable legal timeframes. Once that purpose has been fulfilled, the data will be securely deleted (art. 10, LOPD).

15. Changes to This Policy:

SEAMTRACK S.A. reserves the right to modify this privacy policy at any time. Any changes will be published on our website and, where necessary, data subjects will be notified.

16. Contact Channels:

To exercise their rights or for any question related to the protection of personal data, data subjects may send their request to: Physical address: Av. León Febres Cordero Km. 3.5 Vía Aurora-Samborondón Edificio River Plaza - Piso 2 – Oficina 210. Email: protecciondatos@vigilo.ec

The SEAMTRACK S.A. Privacy and Personal Data Processing Policy has been in force since: October 22, 2024.
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