Template notice for drivers

This English text is a translation provided for information. In case of any difference, the Hungarian version prevails.

The operator of Routehive (Tálosné Tomisa Erika e.v.) provides this template to its customers. The notice is given to the drivers by the customer company, as employer and controller, in its own name and under its own responsibility.

Guidance for the employer on completing the notice (to be deleted before handover)

1. Fill in the places marked [MUNKÁLTATÓ: ...]. Those marked [CÉGNÉV] are the details of the operator of Routehive; the operator fills these in.
2. Adapt the text to your own operations. For example, if you do not use live location or the delivery photo, delete the relevant part.
3. Hand over the notice in writing before you introduce Routehive (Act I of 2012 on the Labour Code (Mt.), Section 9(2) and Section 11/A; Article 13 GDPR). Have the driver confirm receipt by signing at the end, and keep a copy.
4. The legal basis for live location and the delivery photo is typically the employer's legitimate interest. For this, you must carry out a legitimate interest assessment and record it in writing; you will find an outline at the end of this document. In an employment relationship, consent is not an appropriate legal basis, because the employee cannot decide freely.
5. If there is a works council, ask for its opinion before the introduction (Section 264 of the Mt.).
6. If the driver is not an employee (but, for example, a contractor or a subcontractor), the rules of the Mt. do not apply; the information must still be provided (Article 13 GDPR), and the legal basis and the text must be adapted accordingly.
7. The retention periods are set by the employer; the table shows the Routehive default settings.
8. An informal form of address may also be used if that is customary at the company.

Notice on the use of the Routehive delivery planner

For: the drivers of [MUNKÁLTATÓ: company name]. Effective from: [MUNKÁLTATÓ: date].

1. Who processes your data

Controller (the employer): [MUNKÁLTATÓ: company name], registered office: [MUNKÁLTATÓ: registered office], represented by: [MUNKÁLTATÓ: representative], for data protection matters: [MUNKÁLTATÓ: data protection e-mail and telephone]. Data protection officer: [MUNKÁLTATÓ: if any, name and contact details; if none, delete this line].

Processor: the operator of Routehive, Tálosné Tomisa Erika e.v. (8706 Nikla, Berzsenyi Dániel utca 108/A). It processes the delivery-related data on behalf of the employer and in accordance with the employer's instructions, under a data processing agreement.

Your login account: your Routehive account (name, e-mail, telephone, password, two-step login) is processed by the operator of Routehive as an independent controller, because one account can be used at several companies. This is explained in the Routehive privacy notice: routehive.eu/en/privacy.

2. What we use Routehive for

To plan and assign delivery routes, to record and prove deliveries, to account for cash on delivery and crates, and to let the dispatcher see during work how far the route has progressed. You use Routehive in the browser on your phone; you do not need to install a separate app.

3. What data is generated about you, who sees it and for how long

4. Live location in detail

4.1. When your phone sends your location. Only if all of the following apply:

• you have allowed location access for Routehive in your phone's browser;
• you have an active route: a route in progress, or a route assigned to you for today (or without a date);
• the driver interface is open on your phone;
• you have not switched on the “Pause” switch.

4.2. How often. While you are moving, at most once a minute, and only if you have moved at least 100 metres; when you are stationary, every 5 minutes. The dispatcher sees your most recent location on the home page (name, route, when, accuracy), and can open the location in Google Maps.

4.3. For how long. The location disappears automatically after 10 minutes. There is no history and no route replay; Routehive does not store where you have been before. When the route ends, sending stops, and the location disappears within 10 minutes at the latest.

4.4. How you can switch it off.

• With the “Pause” switch (e.g. a private journey, a break during work): the location disappears from the dispatcher's view immediately.
• By withdrawing the location permission in your phone's browser settings.
• If you close the driver interface, or your phone's screen locks, sending usually stops.

4.5. Outside working hours we do not use live location. [MUNKÁLTATÓ: working hours, e.g. 6:00-16:00.] If you still have an active route when your working hours end (e.g. a route without a date that carries over to the next day), switch on the “Pause” switch.

4.6. What we do not use it for. We do not use live location for covert surveillance, to monitor your private life, or, on its own, as the basis for a disciplinary decision.

5. Delivery photo

5.1. You take the photo to prove delivery (e.g. the parcel in front of the door). Only the picture that you take or select in the driver interface is uploaded; Routehive has no access to the other pictures, the contacts or any other data on your phone.

5.2. Please do not photograph people, registration plates, the inside of homes, or anything that is not needed to prove the delivery.

6. Using your own phone

[MUNKÁLTATÓ: delete if you provide a company phone.] If you use your own phone, the employer may only access the data related to your work (Section 11/A of the Labour Code, Mt.): the data listed in the table above. Routehive runs in the browser and has no access to other apps or to the contents of your phone.

7. Legal basis for the processing

8. Who may access the data

• the employer's owner, admin and dispatchers in Routehive;
• the operator of Routehive (Tálosné Tomisa Erika e.v.) as processor, and its sub-processors: Cloudflare (running the system and storing data; the database, the photos and the live location (for 10 minutes) in the EU; the map and the route planning also run on Cloudflare) and Google (address search: the addresses of the recipients; your location only if the dispatcher opens it in Google Maps). The full list: routehive.eu/en/subprocessors;
• authorities, upon a request based on law.

Cloudflare and Google have US parent companies; the safeguards for the data transfer are the EU-US Data Privacy Framework and the standard contractual clauses.

9. Your rights

• Access: you can ask what data about you we process, and request a copy.
• Rectification: you can change your name, telephone number and password yourself on the Routehive Profile page; change your initial password after your first login.
• Erasure and restriction: you can request these if there is no longer a legal basis for the processing.
• Objection: you can object to processing based on legitimate interest (live location, photo, reports); we will examine your objection, and if your interest is stronger, we will stop the processing.
• Data portability: you can request the data processed for the performance of the contract in a machine-readable format.

Send your request to [MUNKÁLTATÓ: data protection e-mail]; we will reply within one month.

Complaint: you can turn to the Hungarian National Authority for Data Protection and Freedom of Information (NAIH, 1055 Budapest, Falk Miksa utca 9-11.; postal address: 1363 Budapest, Pf. 9.; telephone: +36 1 391 1400; ugyfelszolgalat@naih.hu; www.naih.hu), or to a court (including the regional court for your place of residence).

10. Acknowledgement of receipt

I received and read this notice before starting to use Routehive.

Annex for the employer: outline of the legitimate interest assessment (for live location and the photo)

To be completed by the employer, who is responsible for its content. The outline describes the Routehive default settings.

1. The employer's legitimate interest: real-time coordination of deliveries (reassignment, handling delays), informing recipients of the expected arrival, proving delivery in case of a dispute. [MUNKÁLTATÓ: additions, e.g. specific problems in the past.]
2. Necessity: a less restrictive solution (coordination by telephone) [MUNKÁLTATÓ: why it is not sufficient, e.g. the driver may not make phone calls while driving]. The photo serves as evidence for disputed deliveries, where the driver's word is not enough.
3. Interests of the data subject: privacy, the traceability of their movements, a sense of being put under pressure.
4. Safeguards in Routehive:
5. live location only during an active route and with the driver interface open, with the browser's permission;
6. a “Pause” switch, which deletes the location immediately;
7. only the most recent location, for 10 minutes, with no history;
8. infrequent sending (at most once a minute, after moving 100 metres; every 5 minutes when stationary);
9. visible only to the company's owner, admin and dispatcher;
10. the photo is deleted automatically after 90 days;
11. prior written information to the driver (this document). [MUNKÁLTATÓ: own safeguards, e.g. an internal policy, who may view live location and when.]
12. Conclusion: [MUNKÁLTATÓ: whether the legitimate interest, together with the safeguards, is proportionate and prevails, or not; date, signature.]