I. Scope of application
The company D3EIF GmbH, company registration number FN 479511p, operates an internet-based SaaS solution for transport companies, forwarders, shippers, suppliers, consignees and all logistics providers.
DRIP (digital realtime information platform) is the product of the company D3EIF GmbH.
DRIP as a platform connects all parties involved (shippers, forwarders, carriers and consignees) and provides them with real-time data on the current location of the goods, the condition as well as the planned time of arrival (ETA) at the respective loading or unloading point.
For simplification in the text, the following groups that connect data to DRIP are called "clients", groups that receive this data are called "data recipients".
II. Services
DRIP grants Customer a right to access the User Interface, APIs and Integrations for the term of this Agreement. DRIP may introduce new releases, versions, updates and upgrades to the User Interface from time to time. Customer agrees to use the User Interface and Services solely for its own internal business purposes in accordance with this Agreement. Customer may not use the Service or the results derived therefrom for purposes other than those originally intended, such as, but not limited to, creating its own map-related profile, database or product.
Data exchange
DRIP provides Customer API access to send visibility and shipping information to DRIP or to extract data from their DRIP account to serve external data recipients (companies that do not use DRIP). Customer may not use data created or enhanced by DRIP and made available through such APIs for the development, production or provision of products or databases. This does not apply to information and data provided exclusively by the client. Customer prohibits external Data Recipients and their Visibility Providers from creating products or databases from Data received from DRIP and limits them solely to providing Visibility on specific broadcasts tracked on DRIP for the Data Recipient.
The Client is prohibited from forwarding the data to third parties, either for payment or free of charge. Any forwarding may only take place in agreement with DRIP or via DRIP's API.
Release of telematics data (third-party providers)
In order to be able to extract position data from the various telematics systems of the vehicle operators (freight carriers) via so-called API connections from the third-party manufacturers, it is necessary for the vehicle operator to release this access in the third-party system once. How this release is to be carried out is stored on the DRIP platform for each telematics system.
This release can be interrupted again at any time on both sides (in the DRIP Portal or in the Telematics Portal).
Asset data
The customer, as well as the data recipient (if pre-approved), can view the approximate location and location history (if package booked) of all its tracked assets (i.e. trucks and trailers, but also devices such as phones) for which the customer has granted DRIP access via data sources, as well as the assigned shipments together with pick-up and delivery locations. The same applies to vehicles from other data providers who have granted the customer/data recipient transparency over their vehicles. The customer may choose to provide location visibility to any data recipient on DRIP for all or only a subset of its assets, even if no shipment is made to that data recipient. The client is in full control at all times and decides which data recipients to grant or revoke such blanket visibility.
Release of tour and shipment data (TM system)
In order to use the full scope of DRIP (ETA, temperature monitoring, automated status messages or warnings), it is necessary to transmit the consignment or tour data to DRIP. For this purpose, separate APIs are provided with which the consignments or tour data can be transmitted. The correct implementation and connection of the standard API is the responsibility of the customer. If there are deviations from the standard, the customer will be offered an adaptation or separate API connection for a fee.
The consignment and tour data are only available to the approved parties involved in the transport and cannot be viewed by any other party/customer. The release can be prevented at any time.
Broadcasting portal
Each customer can also provide the information to his client (shipper) with his own consignment portal. For this purpose, the customer is provided with his own domain ("customer".arrivalmonitor.com") with his logo and company colours. The control of the accesses is the responsibility of the customer and can be controlled via the DRIP portal.
Drip4Driver
DRIP4DRIVER (d4d.drip-log.com) is a tool for communicating with drivers, transmitting information about shipments, exchanging messages and receiving location and status information, images and documents. For this functionality, the client may keep records of driver names and contact information such as phone numbers and email addresses. Drivers' personal information is not shared with other users or data recipients. Details can be found in the privacy policy.
Traffic data / maps
The map material used for the display of real-time information on the user interface comes from a third-party provider. The customer is entitled to use the material only in relation to tracking & visibility for tracking the shipment. Any further use such as the translation, processing, modification or arrangement of the data as well as the use of the results obtained from the application for the purpose of setting up the customer's own product, such as geographical maps, is not permitted. In the event of copyright infringement or unauthorised extension of use not permitted by DRIP, the third party provider as well as DRIP shall have an immediate right to enforce compliance with the usage rules and protection provisions. Any provision of map material is subject to changes that DRIP cannot always influence.
Status messages through Geofence
DRIP has its own geofence detection service based on machine learning and AI algorithms. To ensure correct functionality, it is therefore important to transmit the correct address information in the shipment data. Incorrect or omitted address information can lead to incorrect geo-position coding, which in turn can lead to inaccurate ETA prediction. DRIP accepts no responsibility for inaccurate predictions generated by incorrectly submitted information.
Marketplace
DRIP provides the Customer with a Marketplace through which products or services from DRIP and third-party providers can be purchased. Separate terms of use of the manufacturer apply to the use of these products (from third-party suppliers) or services.
III. data sources
Consent
Client grants DRIP access to its Data Sources for the term of this Agreement by providing the necessary Access Data for the purpose of the Services as described in Section II above. Customer hereby represents and warrants that all legal requirements have been met and that Customer is legally entitled to provide DRIP with the Access Data and access to the data contained in the Data Sources in accordance with Section VI (Privacy) below.
DRIP may forward Customer Data to Customer accounts on third party platforms. For this purpose, the Customer is obliged to store access data for such third-party platforms on its DRIP account.
Identification and security
DRIP undertakes to treat the access data provided by the Client as confidential. DRIP undertakes not to use this access data in a way that damages, interrupts or improperly accesses other computer programs, systems and information.
Behaviour at data sources
DRIP may not use access to data sources for illegal agreements between competitors, circumvention of embargoes or other illegal activities. This also applies to the attempt and support of such use. DRIP shall not use access to the Data Resources for any purpose that is racist, discriminatory, obscene, indecent, hateful, malicious, pornographic, potentially harmful to minors, defamatory, libelous, fraudulent, treasonous, threatening, abusive, excessively violent, promoting the use of violence, or otherwise harmful to others, unlawful, or in violation of any official regulation or requirement. The Client will not use or store such data in the Data Source.
Data collected
In order to provide the services set forth in this Agreement, Client agrees that DRIP may collect the following data from the Data Sources for the following purposes:
- Real-time GPS positions, speed, location, planned routes, telematics system estimated time of arrival and other similar position-related data from assets for predictive analysis of estimated time of arrival and provision of status notifications
- Temperature and other similar environmental measurements to enhance service quality analysis
- Additional, non-personal telematics information provided in the data sources for an extended service offering of DRIP
- Personal telematics information from tachographs (driving and rest time, driver card number, name, telephone number) if provided by data source.
- Tour and broadcast dates
In the event that the Client uses DRIP's driver dispatcher communication tools or wishes to provide transport tracking by telephone, the Client agrees that DRIP will also collect contact details (name and telephone number) of drivers entered into the system by the Client. Details can be found in Section VI (Privacy).
In the event that the Client wishes to provide more accurate information on CO2 consumption, or to increase the accuracy of ETAs with data on drivers' mandatory breaks, the Client agrees that DRIP will also collect the vehicles' tachograph data.
The Client agrees that DRIP will retain the data collected for 6 months after termination of this Agreement.
IV. Use of anonymised data for the improvement of our own service
DRIP may use the data from the data sources in anonymised, aggregated form and share it with its partners to improve and develop its services. Including but not limited to features such as improved ETAs and dwell times. All partners to whom DRIP transfers data have entered into agreements with DRIP that are no less protective than this Agreement.
V. Rights of use and intellectual property
DRIP hereby grants Customer the right to use the User Interface and APIs solely for the purpose and duration of this Agreement. In addition, DRIP does not grant any licenses and/or intellectual property rights (current and/or future) to DRIP or any other third party.
All Intellectual Property owned by DRIP prior to the Effective Date shall remain the sole property of DRIP. All Intellectual Property arising out of, acquired in connection with, or developed in connection with this Agreement and the provision of the Services after the Effective Date shall be the exclusive property of DRIP.
VI. data protection
Most of the data provided by the Client and processed by DRIP is shipping-related, asset-related and not personal data. When DRIP processes Personal Data, such processing is strictly limited to what is necessary to provide the services set out in this Agreement, taking into account the interests of the Data Subject. DRIP processes personal data in accordance with applicable data protection laws, taking into account the GDPR provisions and this Agreement. Details can be found in DRIP's Privacy Policy.
Shipping related data
Shipment-related data refers to data about the shipment (owner, consignee, description, weight, size, etc.) and the transport of that shipment (pick-up and delivery locations, time slot, assigned carrier, assigned means of transport, etc.). Sometimes shipment-related data may include some personal data - e.g. information about who and how to contact you at a pick-up location. Usually, shipment-related data is provided to DRIP by the data recipient, not by the customer who is looking for real-time transparency.
Location-based telematics data
Under this Agreement, DRIP collects, processes and uses location-based telematics data (e.g., truck or trailer number plate and GPS location data - see Section III. B. Data Sources for more details) to predict estimated time of arrival and provide status notifications. DRIP collects, processes and uses the truck driver's personal data to track shipments. Providing access to data sources makes asset location data available to DRIP. DRIP relates this data to a specific shipment or tour and makes it available to data recipients who can access this data via API or user interface. The client is responsible for informing the data subjects and obtaining their consent. Individuals must be informed that their personal data such as number plate and truck location data may be shared through the data sources, that this data is collected for the purposes of the scope (II Services) and that this data is made visible to the data recipients for the purpose of processing and monitoring the execution of the transport orders to which this data relates.
Driver communication data
For the purpose of providing messaging services to drivers as described in Section II (Services), DRIP may collect and process telephone numbers and names of individual drivers. This data will be used solely for the purposes of communicating with drivers, sending information about shipments, exchanging messages and receiving location and status information, images and documents. The drivers' personal information will not be shared with other users or data recipients.
Technical organisational measures
Taking into account the state of the art, the costs of implementation and the nature of the scope, context and purposes of the processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, DRIP shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks represented by the use of its service.
VII. Availability
The customer has the possibility to access the user interface at any time, with the exception of
- normal maintenance work necessary to keep the system up to date,
- any updates or upgrades
- any other events such as intrusion, unauthorised misuse of the services or official requests
which necessarily lead to a temporary interruption of services.