Terms of Service | digitacho

Terms of Service

Definitions

Card - the card of the digital controlling device (a digital tachograph) for recording working hours and resting time of the driver (the digital tachograph card of a company or the digital tachograph card of a driver);

Account - user's account at Company's site on the Internet where the Service is made available to the User;

User - a legal entity (the owner of the digital tachograph card of a company) or a private person (the owner of the digital tachograph card of a driver), who has concluded Agreement with the Company about provision of the Service;

Agreement - these terms of use, which constitute an agreement between the Company and User;

Main Contract - the legally binding agreement entered between the Company and the Client, which defines the scope of work, terms and conditions, payment obligations, and other relevant details governing the overall relationship and services provided by the Company to the Client;

Service - the remote upload and processing of information, stored on Card, and other services offered by the Company;

Company Personal Data - means any Personal Data processed by the Service Provider on behalf of the Company pursuant to or in connection with the Main Contract;

Company - Emphasis DigiWorld SA in Athens, at 28 Karea street (Tax Registration Number: EL-801125110);

Parties - refers collectively to the Client and the Company, the two entities entering into this Agreement and bound by its terms and conditions.

Subject matter and term of Agreement

2.1. The Company provides the Service to the User in exchange for a fee, as outlined in this Agreement & in the Main Contract. The Service is accessible online and includes the collection, processing, storage, and analysis of the User’s Card data, as well as the generation of reports based on that data;

2.2. To access the Service, the Company will provide the User with an Account. The Account is secured with a username and password, which the User must not share with others or allow unauthorized access;

2.3. Once registered, the User can use their Account to upload Card data in a format specified by the Company. The system will then provide detailed reports based on the data stored on the Card and uploaded to the platform.

Obligations of the Parties
1. The Company retains the right to modify, enhance, or temporarily suspend the operation of the website at its discretion. The Company will strive to minimize disruptions but does not guarantee uninterrupted access during such periods;
2. The User acknowledges and accepts that any activity conducted on the website using their assigned username and password will be deemed as actions carried out by the User and are their sole responsibility;
3. The Service is intended solely for informational purposes, and the Company is not liable for any losses, damage, or issues of any kind that may arise from the use of the Service, including inaccuracies or errors within the provided information;
4. The Service involves technical solutions, and as such, there may be instances when the availability of the Service could be temporarily interrupted.
Final Provisions
1. Order of precedence. This Agreement varies the terms of the Main Contract, and the provisions of this Agreement are incorporated into and form part of the Main Contract as if set out in the Main Contract in full. In the event of any conflict or inconsistency, the provisions of this Agreement shall take precedence over the provisions of the Main Contract. Otherwise, the provisions of the Main Contract shall remain in full force;
2. Written form. No change of or amendment to this Agreement and any of its terms shall be valid and binding unless made in writing and unless they make express reference to being a change or amendment to this Agreement. The foregoing shall also apply to the waiver of this mandatory written form;
3. Use of the Service signifies the User's acceptance of these terms (the Agreement);
4. Liability clause: The Company is not involved in and does not assume responsibility for any agreements or disagreements between the Client and their transporters regarding the processing or use of personal data. The Client is responsible for obtaining any necessary consent from their transporters and ensuring compliance with applicable data protection regulations. The Company provides services to facilitate the Client’s ability to manage and process data, but any concerns or disputes related to the personal data of drivers or transporters should be addressed directly between the Client and those parties.

Cookies Policy

digiTacho website uses cookies. By providing your consent, in addition to cookies necessary for the website’s functionality, analytical and marketing cookies—including web beacons, pixels, or similar storage technologies—may be stored on your computer or other device used to access our website. This Cookie Policy outlines the types of cookies used on our website and their respective purposes.

digiTacho website uses different kinds of cookies:

Strictly Necessary cookies,
Analytical cookies,
Marketing cookies.

You can opt-out of each cookie category (except strictly necessary cookies) by clicking on the “Cookie Settings” button.

Cookies definition
1. Small text files or pieces of data stored on a user's device, such as a computer, smartphone, or tablet, by the website they access. Cookies enable the website to recognize the user's device, remember preferences, track user activities, and provide a more seamless, personalized, and secure browsing experience. They are also used for analytics, improving security, and delivering tailored marketing content.
Types of cookies used
1. Strictly Necessary cookies. Strictly Necessary Cookies are essential for the basic functioning of the website. They enable core functionalities such as page navigation, user authentication and security measures. These cookies are crucial for maintaining the integrity and performance of the website, as they cannot be disabled without significantly impacting the user experience. These cookies do not store any personally identifiable information;
2. Analytical cookies. Analytical Cookies are used to collect and analyze data on how users interact with the website. They provide insights into user behavior, website performance, and engagement metrics. Helping businesses optimize and improve the site’s usability, functionality and overall experience. All information these cookies collect is aggregated and therefore anonymous. For analytical purposes, we may use third-party cookies, which are stored on the user's device for an extended period;
3. Marketing cookies. Marketing Cookies are utilized to deliver personalized advertisements and targeted content based on user’s preferences, behaviors and interests. These cookies help track the effectiveness to tailor their messaging and improve engagement. These cookies are stored permanently on the user’s device.
How to control cookies

When visiting the website, the user will see an informative notice explaining the use of cookies. They can customize their cookies preferences by clicking the “Cookie Settings” button. In addition, the users can manually delete all cookies stored in their browser and set their browser to block new cookies from being saved. For detailed instructions, you can refer to your browser’s help section, which will guide you on how to prevent cookie storage and remove any existing cookies.

Please note that some features and services may be limited if certain cookies are not enabled.

If you wish to opt out of having your website activity tracked by Google Analytics, you can install the Google Analytics opt-out browser add-on, which prevents your data from being shared with Google Analytics. For those seeking to opt out of interest-based or behavioral advertising, regional tools are available.

Cookie Policy Changes

We reserve the right to update this Cookie Policy at any time. Any changes or additions will take effect once they are published on our website. Your continued use of our website after the changes to the Cookie Policy indicates your acceptance of the updated terms and conditions. It is solely your responsibility to regularly review this policy to stay informed about any changes. This Cookie Policy is effective from the day the website becomes operational.

Privacy Policy

digiTacho values the privacy of its users and is dedicated to safeguarding their personal data. The Privacy Policy outlines how digiTacho collects, processes and handles information in connection with the use of the digiTacho website and the digital tachograph service. By accessing or utilizing this website or any of our Services, you agree to the terms outlined in this Privacy Policy, along with our Cookie Policy, Terms of Service, and any other applicable terms and policies published on our website. If you do not consent to this Privacy Policy, please exit the website and refrain from using any of our Services.

Information processed
1. digiTacho collects, generates and receives information in a variety of ways when you use the website. Some of this information constitutes personal data;
2. When creating an account with digiTacho you provide the following information, including your personal data:

Full name;
email address;
any other information, which you provide for this purpose;
1. Some information may be processed while the Client or data subject (for example, Client’s employee) uses the Service. Depending on the scope and configuration of digiTacho Service, this information may also contain personal data:

data subject’s device and browser (such as IP address, browser type, software version etc.);
digital tachograph and driver's activities (time spent on breaks, start, stop and end time of driving, driving duration, tachograph calibration, tachograph manufacturer, absence calendar, information about colleagues, option to use calculation tool of costs, etc.);
vehicle data (such as name and type of vehicle, mileage, technical information, etc.);
digital tachograph card (such as card issuing authority, information about controls, etc.).
1. When using or configuring digiTacho account settings, the Client may provide certain information, which, when combined with other data, could include personal data (such as location, time zone, photos, etc.);
2. Upon visiting our website, we may collect and process the following information that may contain your personal data:

(a) Your device and browser;

(b) Your IP address;

Purposes of processing
1. digiTacho will collect and use your personal data to deliver the Service, enhance its functionality, address any issues you may encounter, and ensure you have the best possible customer experience related issues you may have and ensure that you receive the best customer experience possible;
2. Any processing hereunder will be performed for the purpose of executing the Main Contract, and namely:

monitoring and assessing safety and compliance with internal policies and standards of the Client;
administrative purposes in relation to the protection of company’s assets and health & safety and physical integrity of employees;
compliance with the legal and regulatory obligations and requests;
compliance with court orders;
analysing your preference or use of the Service;
improving Service or developing new features within the Service;
analysing and measuring how our Service is used;
delivering personalised ads, promotions and offers;
protecting legal interests of digiTacho, its users and other third parties and for legal reasons.

Legal grounds for processing
1. digiTacho collects and processes your personal data only when is a lawful basis for doing so. The legal ground for processing your personal data depends on the specific category of data and the purposes for which it is being processed. Please note that the same personal data may be processes for multiple purposes simultaneously, each supported by a distinct legal basis;
2. The primary legal basis for processing your personal data is the contractual relationship between the User and the Company. This relationship is governed by the Main Contract, as certain information is necessary for the formation of the contract and for fulfilling the scope of work outlined within it;
3. In certain circumstances, the Company processes personal data to comply with legal obligations imposed by applicable laws, such as requirements related to financial reporting or responding to legal processes.
4. Legitimate Interests: The processing of your personal data is necessary to pursue the legitimate interests of digiTacho or third parties, ensuring that such processing does not override your rights. For instance, we may process your data for marketing purposes based on our legitimate interest in enhancing and growing our business. Other legitimate interests include maintaining the Service to meet the needs of our users and clients, advertising to make our Service freely available, detecting and preventing fraud, addressing security and technical issues with the Service, fulfilling obligations to our partners, enforcing legal claims, and more.
Duration of processing and retention period

The duration of this Agreement is equal to the term of the Main Contract and this Agreement shall terminate automatically when the Main Contract terminates, with the exception of any provisions intended to survive termination hereof or the Main Contract. Any right to terminate this Agreement separately prior to such termination date shall be excluded to the extent permitted by applicable law.

Sharing your personal data with third parties
1. To provide the services, digiTacho collaborates with third parties that supply essential services required in the ordinary course of our business. These third-party recipients include hosting and server co-location providers, communication and content delivery networks, data and cybersecurity providers, billing and payment processors, fraud detection and prevention services, web analytics, email distribution and monitoring services, session recording services, advertising and marketing providers, and IT, legal, and financial advisors, among others. These third-party recipients receive only the minimum amount of personal data necessary to perform the requested service. The company shares personal data exclusively with providers that have committed to adhering to the obligations outlined in this Privacy Policy and applicable data protection laws;
2. In some cases, we may have a legal obligation to share your personal data with third parties, such as when required by law or upon request from public authorities;
3. Personal data may also be transferred to third-party recipients located outside the European Union. In such instances, the company ensures that the recipients have committed to meeting necessary data protection standards and can guarantee an adequate level of protection or provide appropriate safeguards.
Your rights
1. Users have the right to access their personal data and to request its amendment, deletion, transfer, or restricted use. These actions can be performed by logging into their company account or by contacting us using the provided contact information;
2. If you believe that the company has processed your personal data unlawfully, you have the right to file a complaint by contacting us directly or by reaching out to the relevant data protection supervisory authority.
Privacy policy changes

We reserve the right to update this Privacy Policy at any time. Any changes or additions will take effect once they are published on our website. Your continued use of our website after the changes to the Privacy Policy indicates your acceptance of the updated terms and conditions. It is solely your responsibility to regularly review this policy to stay informed about any changes.

Contact information

In case you have any questions about this Privacy Policy or our data processing practices, or if you would like to exercise any of your rights as a data subject regarding your personal data, please contact us by email [email protected].

Personal Data Processing Agreement

This personal data processing agreement (“AGREEMENT”) contains personal data processing terms between “Emphasis DigiWorld SA” (referred hereinafter as “PROVIDER”) seated in Athens, at 25 Karea street (Tax Registration Number: EL-801125110), (“digiTacho”) and any company, organization, institution or any legal person (“CLIENT”) that uses digiTacho’s digital tachograph service (“SERVICE”) to monitor and process personal data of their employees or other individuals within their digiTacho account while using the Service.

By accessing or using this website or any of our Services, you agree to the terms set out in this Privacy Policy, Cookie Policy, Terms of Service, and other terms and policies published on our website. If you do not consent to the terms of this Privacy Policy, you are required to discontinue use of this website and all associated Services.

Subject matter and term of Agreement
1. The Provider shall process Client Personal Data for the purpose of providing the services described in the Main Contract ("Contract Services") and any additional services under this Agreement ("Processing Services") to the Client. The Parties agree and acknowledge that the Client will be qualified as Controller and the Provider will be qualified as Processor when processing Company Personal Data hereunder. The Provider shall not use or disclose Company Personal Data for any other than the Admissible Purpose;
Purpose Of Processing
1. digiTacho will collect and use your personal data to deliver the Service, enhance its functionality, address any issues you may encounter, and ensure you have the best possible customer experience related issues you may have and ensure that you receive the best customer experience possible;
2. Any Processing hereunder will be performed for the purpose of executing the Main Agreement, and namely:

monitoring and assessing safety and compliance with internal policies and standards of the Client;
administrative purposes in relation to the protection of company’s assets and health & safety and physical integrity of employees;
compliance with the legal and regulatory obligations and requests;
compliance with court orders;
analysing your preference or use of the Service;
improving Service or developing new features within the Service;
analysing and measuring how our Service is used;
delivering personalised ads, promotions and offers;
protecting legal interests of digiTacho, its users and other third parties and for legal reasons.

Categories Of Company Personal Data
1. Data subject categories include Client’s employees, representatives and other data subjects that will be registered under Client’s account;
2. Client ensures that it has acquired all necessary consents and/or relies on other appropriate legal grounds for the processing of personal data of data subjects. Client confirms that data subjects have been informed about the fact that their personal data is transferred to digiTacho as a processor and other third parties used by digiTacho for the provision of Service;
3. When creating an account with digiTacho or placing an order, the Client provides digiTacho with the following personal data:
  1. name/ company name;
  2. e-mail address;
  3. any other information provided to digiTacho for this purpose.
4. Some information may be processed while the Client or data subject (for example, Client’s employee) uses the Service. Depending on the scope and configuration of digiTacho Service, this information may also contain personal data:
  1. data subject’s device and browser (such as IP address, browser type, software version etc.);
  2. digital tachograph and driver's activities (time spent on breaks, start, stop and end time of driving, driving duration, tachograph calibration, tachograph manufacturer, absence calendar, information about colleagues, option to use calculation tool of costs, etc.);
  3. vehicle data (such as name and type of vehicle, mileage, technical information, etc.);
  4. digital tachograph card (such as card issuing authority, information about controls, etc.).
5. When using or configuring digiTacho account settings, the Client may provide certain information, which, when combined with other data, could include personal data (such as location, time zone, photos, etc.);
6. Upon visiting our website, we may collect and process the following information that may contain your personal data:

Your device and browser;
Your IP address;
Other information that is collected from cookies and similar technology.

Duration of processing and retention period

Sharing your personal data with third parties
1. To provide the services, digiTacho collaborates with third parties that supply essential services required in the ordinary course of our business. These third-party recipients include hosting and server co-location providers, communication and content delivery networks, data and cybersecurity providers, billing and payment processors, fraud detection and prevention services, web analytics, email distribution and monitoring services, session recording services, advertising and marketing providers, and IT, legal, and financial advisors, among others. These third-party recipients receive only the minimum amount of personal data necessary to perform the requested service. The company shares personal data exclusively with providers that have committed to adhering to the obligations outlined in this Privacy Policy and applicable data protection laws;
2. In some cases, we may have a legal obligation to share your personal data with third parties, such as when required by law or upon request from public authorities;
3. Personal data may also be transferred to third-party recipients located outside the European Union. In such instances, the company ensures that the recipients have committed to meeting necessary data protection standards and can guarantee an adequate level of protection or provide appropriate safeguards.
Liability Clause

The Company is not involved in and does not assume responsibility for any agreements or disagreements between the Client and their transporters regarding the processing or use of personal data. The Client is responsible for obtaining any necessary consents from their transporters and ensuring compliance with applicable data protection regulations. The Company provides services to facilitate the Client’s ability to manage and process data, but any concerns or disputes related to the personal data of drivers or transporters should be addressed directly between the Client and those parties.

DigiTacho obligations and assistance
1. All authorized personnel of DigiTacho involved in processing the Client’s and third parties’ personal data are bound by confidentiality obligations. They will not access or process personal data without the Client’s consent, unless necessary for providing the Service.
2. In the event of a personal data breach, DigiTacho will notify the Client in accordance with applicable legal requirements and will offer reasonable assistance in investigating the breach. DigiTacho will also help with notifying the supervisory authority and affected data subjects regarding the breach.
3. Considering the nature of the processing, digiTacho will support the Client by providing technical and organizational measures, where possible, to help the Client fulfill its obligations as a data controller, particularly in relation to:
  1. Handling requests from the Client’s data subjects concerning access to, correction, erasure, restriction, portability, blocking, or deletion of their personal data that digiTacho processes on behalf of the Client. If a data subject directly submits such a request to digiTacho, it will promptly forward the request to the Client;
  2. Investigating personal data breaches and facilitating the required notifications to the supervisory authority and the Client’s data subjects;
  3. Where applicable, assisting in the preparation of data protection impact assessments and, if necessary, consulting with any supervisory authority.
Data Processing Audit
1. DigiTacho shall make available to the Client on request all information reasonably necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits in relation to the Processing of Company Personal Data, including inspections of the data-processing facilities of the Company, by the Client or an auditor mandated by the Client;
2. The Client shall give digiTacho reasonable notice of any audit or inspection to be conducted and shall make (and ensure that each of its mandated auditors makes) reasonable endeavours to avoid causing (or, if it cannot avoid, to minimise) any damage, injury or disruption to the Company’s premises, equipment, personnel and business in the course of such an audit or inspection. Audits or inspections shall not be conducted outside normal business hours, unless the Company agrees so.
3. Client shall notify the Company about any deficiencies or irregularities related to the Processing of Company Personal Data discovered during such audits or inspections and digiTacho shall promptly take any action required or reasonably requested by the Client to remedy such findings and provide Client with written documentation evidencing that the audit findings have been remedied as required by applicable law and this Agreement.