This is an English translation provided for convenience. In the event of any discrepancy, the Romanian version available at www.routena.com/portabilitate-date shall prevail.
This annex forms part of the Contract and describes how the Client can export its data and switch provider, in accordance with Regulation (EU) 2023/2854 on data (the Data Act). The technical aspects of export are detailed in the Export Formats Register.
1. Scope
The annex applies to the data that the Client has entered, imported or generated in the platform. The Client has three exit options under the Data Act: (a) transfer to another provider; (b) transfer to its own infrastructure; or (c) termination of the Services and deletion of the Exportable Data and Digital Assets, without switching provider.
2. Definitions
- Export — making the Client’s data available to it in a processable format.
- Provider switching — the process by which the Client moves from Routena to another provider or to its own infrastructure.
- Transition period — the interval during which Routena provides assistance for switching provider.
- Exportable Data — the input data, output data and metadata generated through the Client’s use of the Services (entered, imported or generated in the platform) that are subject to the right of export or portability.
- Digital Assets — the digital-format elements, including configurations, templates and applications, over which the Client has a right of use independent of the contractual relationship with Routena and which are necessary for switching provider.
- Switching Fees — any costs charged for the provider-switching process, within the limits permitted by the Data Act.
3. How to submit a request
The request for export, for switching provider or for termination of the Services with deletion of the data is sent in writing to [email protected], from an authorized person of the Client.
4. Verification of identity and mandate
Routena verifies the identity of the requester and their mandate to act on behalf of the Client before making the data available.
5. Initiating the process
Upon receipt of a valid request — for export, for switching provider or for termination of the Services with deletion of the data — Routena confirms receipt and initiates the process, communicating the applicable steps and deadlines.
6. Notice period
The Client may initiate switching provider or termination of the Services with deletion of the data with a notice of no more than 2 months, in accordance with the Data Act. The notice does not extinguish the financial obligations under the firm contractual commitment. In the case of a deletion request without switching provider, the Contract terminates upon the expiry of the applicable notice period or on another expressly agreed date.
7. Transition period
During the transition period, Routena provides the assistance set out in section 9 to enable the export and transfer of the data. The standard transition period begins after the expiry of the notice period and will not exceed 30 calendar days.
If completing the switch within this period is technically impossible, Routena will inform the Client without delay, justify the reasons and communicate the applicable alternative period, within the limits and conditions provided by the Data Act.
8. Extension
If the transition cannot be completed within the standard period for technical reasons, Routena notifies the Client within 14 business days of receiving the valid switching request, justifies the technical reasons and communicates an alternative period, which will not exceed seven months. In addition, the Client may extend the transition period once, for a duration it considers appropriate for its purposes, under the conditions of the Data Act.
9. Routena’s assistance
Routena provides, as mandatory standard assistance, at least one process for exporting the data in an automatically processable format and reasonable support for the transfer, without conditioning this on additional payments (see section 20).
Standard export mechanism
The Client will use, first of all, the standard export functionalities available in the Platform for the categories of Exportable Data and Digital Assets covered by them.
To the extent that certain Exportable Data or Digital Assets that fall within the scope of the legal portability and switching obligations are not available through the standard functionalities of the Platform, Routena will make them available to the Client through a standard supplementary export, at its request and in accordance with the procedure and deadlines provided in this Annex.
Routena is not obliged to reproduce through a supplementary export data that is already made available to the Client completely, securely and in a commonly used and machine-readable format through the standard functionalities of the Platform.
The Client will inform Routena without undue delay if it identifies missing data, corrupted files or other material deficiencies of the export. Routena will use reasonable efforts to verify and remedy the deficiencies attributable to it.
Conversions to custom formats, mapping the data to the structure of another provider, cleaning or enriching the data, developing dedicated integrations and migration or project-management services that exceed the standard obligations provided by law may be provided as optional professional services and billed separately.
10. The Client’s responsibilities
The Client provides the necessary information, designates contact persons and ensures on its part (or that of the new provider) the technical capacity to take over the exported data.
11. Continuity during the transition period
The Contract remains applicable throughout the notice and transition periods and terminates after the successful completion of switching provider. During the transition, subject to payment of the Fees due, the Services remain available in accordance with the Contract, in order to avoid interrupting the Client’s activity.
Routena notifies the Client when: (a) switching provider has been successfully completed; or (b) the Contract has terminated following a deletion request without switching provider.
Routena informs the Client of the known material risks to the continuity of the Services during switching provider.
12. Security during export
The export and transfer of the data are carried out through means that protect the confidentiality and integrity of the data.
Information regarding the jurisdiction applicable to the ICT infrastructure used by Routena and the general safeguards against unlawful international governmental access to data is available in the infrastructure section of the List of Sub-processors.
13. Categories of exportable data
The categories of Exportable Data include: users and employees; orders and dossiers; routes and actions; structured cargo; vehicles and trailers; drivers; partners, clients and contacts; invoices and invoice lines; the payment statuses and records associated with invoices; documents and attachments uploaded by the Client; GPS location records; nomenclatures; the configurations and templates created by the Client; as well as the relevant identifiers, metadata and relationships between the exported records. The formats available for each category are described in the Export Formats Register. The export of GPS location records covers the history retained and available for that Client at the date of the request, within the limits of the applicable retention period.
14. Excluded data
Excluded from export are only Routena’s internal data whose disclosure would create a real risk to trade secrets or security and which does not prevent switching provider, as well as information about other clients. The Client’s input data is not excluded.
15. Export formats
The available formats are those indicated in the Export Formats Register. Routena ensures at least one structured, commonly used and machine-readable format for the Exportable Data. The Register may be updated as Routena introduces or improves the export functions.
16. Attachments and original documents
The original documents and files uploaded by the Client (for example attachments) constitute the Client’s input data and are exportable; making them available does not depend on the availability of other export functions.
17. Recovery period
After the completion of the transition period (or, in the absence of a provider switch, after the termination of the Services), the Client benefits from a recovery period of 60 days to recover the Exportable Data, unless it expressly waives recovery.
18. Deletion procedure
The data is removed from the active systems within a maximum of 60 days from the expiry of the recovery period or from the Client’s express waiver of recovery, subject to the legal retention obligations. The deletion request will specify whether the Client waives the recovery period. In the absence of an express waiver, the period provided in section 17 remains applicable.
19. Deletion from backups
The data in the backups is removed within the normal retention and overwriting cycles of the backups, after deletion from the active systems, and is not used operationally in the meantime.
20. Provider-switching costs
Routena does not charge Switching Fees for the mandatory standard export and provider-switching operations, in accordance with the Data Act.
21. Optional professional migration services
Custom services (data conversions, data cleaning, consulting, integration development, project management) are not included in the standard assistance and may be billed separately, on the basis of an offer accepted by the Client.
22. Firm contractual commitment and refunds
Voluntary switching of provider or voluntary termination of the Services with deletion of the data does not cancel the payment commitment related to the Initial Term and does not give rise to a refund of the Fees paid; the instalments remaining from the firm commitment remain due. The mandatory export of the data cannot be conditioned or blocked on the ground of switching provider or of termination with deletion.
23. Technical limitations
The exclusions from export are those provided in section 14. The formats and capabilities reflect the current technical state, described in the Export Register.
Routena does not guarantee the direct compatibility of the export with the systems of the destination provider and is not liable for its limitations, import errors or technical requirements, provided that Routena has supplied the Exportable Data and Digital Assets in the formats and under the conditions provided by the Contract and by applicable law.
24. Disputes and escalation
Any disagreement related to export or to switching provider is resolved first amicably, through [email protected]. In the absence of a solution, the dispute-resolution provisions of the General B2B Terms apply.