๐Ÿ›ก๏ธ GDPR Compliance Policy

ProtectTrack โ€” GPS Monitoring Platform

๐Ÿ“… Last Updated: February 2026 ๐Ÿ“‹ Version: 1.0 ๐ŸŒ Language: English

1. Executive Summary

Our Commitment: Efficient AI Algorithms is committed to full compliance with the European Union's General Data Protection Regulation (GDPR) and applicable national legislation in each Member State where we operate.

Who We Are

Efficient AI Algorithms (trade name, DBA) is a company headquartered in Maricopa County, Arizona, United States. We act as a data controller when offering services directly to consumers in the EU, and as a data processor when processing data on behalf of European business clients.

Scope of Application

This policy applies to the processing of personal data of:

Data Protection Officer Contact

For any inquiries related to the protection of your personal data:

2. Definitions

In accordance with Article 4 of the GDPR, the following terms have the meaning indicated:

Key Terms
Term Definition
Personal data Any information relating to an identified or identifiable natural person. Expressly includes location data (Art. 4.1 GDPR).
Location data GPS coordinates, location history, speed, altitude, and any data indicating the geographical position of a person or device.
Special categories Data revealing racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic data, biometric data, health data, or data concerning sex life or sexual orientation (Art. 9 GDPR).
Controller The entity that determines the purposes and means of the processing of personal data.
Processor The entity that processes personal data on behalf of the controller.
Data subject The natural person whose personal data is being processed.
Consent Freely given, specific, informed and unambiguous indication of wishes (Art. 4.11 GDPR).
โš ๏ธ Note on geolocation data: The EDPB (Guidelines 01/2020) warns that location data is "particularly revealing of life habits" and may infer sensitive information such as religion, sexual orientation, or health status. Therefore, we apply enhanced protection measures.

3. Data We Collect

ProtectTrack collects the following categories of personal data:

Category Specific Data Purpose Legal Basis Retention
Location Real-time GPS, location history, speed, altitude, accuracy Display location, geofence alerts, route history Consent (Art. 6.1.a) 30 days
Account Email, name, password (hash), preferences Authentication, account management, service communications Contract (Art. 6.1.b) While account active + 30 days
Device Model, operating system, IP, technical identifiers App functionality, security, diagnostics Legitimate interest (Art. 6.1.f) 90 days
Minors Minor's GPS location Family safety, location tracking Parental consent (Art. 8) 30 days
Vulnerable persons GPS location of Alzheimer's/dementia patient Protection, emergency location Representative consent + Art. 9 30 days
๐Ÿ”’ Data Minimization Principle: We only collect data strictly necessary to provide the service. Location data is automatically deleted after 30 days.

Data We DO NOT Collect

6. International Transfers

As a US-based company, data transfers from the EU require specific legal mechanisms under Chapter V of the GDPR.

EU-US Data Privacy Framework (DPF)

โœ… Primary Mechanism: Efficient AI Algorithms operates under the EU-US Data Privacy Framework.

Standard Contractual Clauses (SCCs) โ€” Backup Mechanism

As an additional security measure, we implement the 2021 Standard Contractual Clauses (Decision 2021/914):

Supplementary Measures (EDPB 01/2020)

โš ๏ธ Enforcement Precedents:
  • โ‚ฌ290 million to Uber (2024) โ€” Dutch DPA, for transferring European drivers' location data without adequate mechanisms
  • โ‚ฌ1.2 billion to Meta (2023) โ€” Irish DPC, for transfers without valid mechanism
These precedents demonstrate the severity of GDPR enforcement regarding international transfers.

7. Data Protection Impact Assessment (DPIA)

In accordance with Article 35 of the GDPR, ProtectTrack requires a mandatory DPIA.

EDPB Criteria Met (WP 248 rev.01)

The EDPB establishes that a DPIA is mandatory when 2 or more of 9 criteria are met. ProtectTrack meets at least 6:

Criterion Applicability
Systematic monitoring โœ… Yes โ€” Continuous real-time GPS tracking
Highly personal data โœ… Yes โ€” Location data
Vulnerable persons โœ… Yes โ€” Alzheimer's patients, minors, employees
Evaluation/profiling โœ… Yes โ€” Movement patterns, geofence alerts
Large scale โœ… Yes โ€” Potentially thousands of users in the EU
New technologies โœ… Yes โ€” PWA platform for real-time GPS streaming

AEPD List (Art. 35.4)

The Spanish Data Protection Agency includes in its Criterion 3: "processing involving observation, monitoring, supervision, geolocation or control of the data subject on a systematic basis."

Content of Our DPIA

Our Impact Assessment includes:

Review: Every 3 years or upon significant changes in processing (CNIL recommendation).

8. Data Subject Rights

In accordance with Articles 15-22 of the GDPR, you have the following rights:

Right Description Deadline
Access (Art. 15) Obtain a copy of all your data, including complete GPS location history, coordinates, timestamps, and settings 1 month
Rectification (Art. 16) Correct inaccurate or incomplete personal data 1 month
Erasure (Art. 17) Delete all location points, histories, geofence settings, alert histories, and derived analytics 1 month
Restriction (Art. 18) Restrict processing while a claim is being verified 1 month
Portability (Art. 20) Receive your location data in a structured, machine-readable format 1 month
Objection (Art. 21) Object to processing based on legitimate interest; tracking ceases immediately Without delay

Available Portability Formats

In accordance with WP29 (Guidelines WP242), GPS location data is included in the right to portability. We offer:

โš ๏ธ Duality of Data Subjects: Both the tracker (account holder) and the tracked person are data subjects with independent rights under GDPR. ProtectTrack respects and balances both sets of rights.

How to Exercise Your Rights

You can exercise any of these rights by:

  1. Sending an email to legal@algoritmos.io with subject "GDPR Rights Exercise"
  2. Clearly indicating which right you wish to exercise
  3. Providing sufficient information to verify your identity

We will respond within a maximum of 1 month, extendable to 3 months for complex requests (with prior notification).

9. Protection of Vulnerable Persons

ProtectTrack implements enhanced safeguards for minors and persons with reduced capacity.

Minors

โš ๏ธ Household exemption (Art. 2.2.c): May apply to the parent performing the tracking, but never extends to the service provider. Recital 18 is explicit: exemptions do not cover controllers or processors who provide the means for personal processing.

Implemented measures:

Alzheimer's and Dementia Patients

Spanish legal framework (Law 8/2021)

Our approach:

Ethical principle: According to Oxford University research (PubMed 2011), "the preferences and best interests of people with dementia must be central" and "no one should be coerced into using tracking technology."

10. Employee Monitoring

GPS tracking of employees is subject to particularly strict requirements under GDPR and Spanish labor law.

Guiding principle from WP29 (Opinion 2/2017):
"Vehicle tracking devices are not personal tracking devices" โ€” employers should not consider them as tools to monitor the behavior or whereabouts of drivers.

Strict Rules

Requirement Detail
Tracking outside working hours PROHIBITED โ€” "It is unlikely that there is a legal basis for monitoring the location of employees' vehicles outside agreed working hours"
Temporary deactivation Employees must be able to temporarily disable GPS tracking in special circumstances (medical visits, personal errands during permitted vehicle use)
Purpose limitation Location data cannot be used for purposes other than those originally communicated
Prior information Art. 90 LOPDGDD: inform in an "express, clear and unambiguous" manner before deployment

Triple Proportionality Test (Spanish Constitutional Court)

  1. Suitability: The measure must be appropriate for the intended purpose
  2. Necessity: No less intrusive alternative must exist
  3. Proportionality: Benefits must outweigh costs to worker's rights

Relevant Case Law

Penalties for Non-Compliance

11. Data Security

In accordance with Article 32 of the GDPR, we implement technical and organizational measures appropriate to the high risk inherent to geolocation data.

Technical Measures

Measure Implementation
Encryption in transit TLS 1.3 for all API communications and GPS streaming WebSocket connections
Encryption at rest AES-256 for GPS coordinates, user profiles, and metadata
Pseudonymization According to ENISA guidelines (2019, 2021): replacement of identifiers with tokens, separation of identity and location data
Access control RBAC (Role-Based Access Control) with granular permissions by role
Authentication Mandatory MFA for all access, especially administrators
Least privilege Each role only has access to strictly necessary data

Privacy by Design and by Default (Art. 25)

12. Security Breach Notification

Location data breaches almost always meet the "risk" threshold for mandatory notification.

Notification Deadlines

Recipient Deadline Legal basis
Supervisory authority 72 hours maximum Art. 33 GDPR
Affected data subjects Without delay (if high risk) Art. 34 GDPR
โš ๏ธ CRITICAL โ€” No One-Stop-Shop:
Having no establishment in the EU, the one-stop-shop mechanism DOES NOT apply to ProtectTrack. This means that in the event of a breach, we must notify each supervisory authority of each Member State where affected data subjects reside โ€” potentially up to 27 separate notifications within 72 hours.

Specific Risks of Location Data

Notification Content

All notifications will include:

  1. Nature of the breach
  2. Categories and approximate number of affected persons
  3. DPO contact
  4. Likely consequences
  5. Measures taken or proposed

13. EU Representative

In accordance with Article 27 of the GDPR, controllers without an establishment in the EU that process data of European residents must designate a representative in the Union.

Current status: Pending formal designation.

While we complete this process, all communications may be directed to:
Email: legal@algoritmos.io

Once designated, the representative will:

14. Changes to This Policy

We may update this policy to reflect changes in our practices, legal requirements, or services.

Update Process

Version History

Version Date Changes
1.0 February 2026 Initial version

15. Contact

Data Protection Officer

For data protection inquiries, rights exercise, or complaints:

Email: legal@algoritmos.io

Recommended subject: "GDPR - [Your inquiry]"

Response time: 1 month (extendable to 3 months for complex cases)

Contact the DPO

Right to Lodge a Complaint

If you believe that the processing of your data violates the GDPR, you have the right to lodge a complaint with the competent supervisory authority:

16. Applicable Legislation

This policy is governed by the following regulations:

European Regulations

Spanish Regulations

Guidelines and Opinions