Effective Date: April 265,
2019
I.D. Systems, Inc. and its subsidiaries,
Keytroller LLC and Asset Intelligence LLC, ("IDSY") have adopted this
Privacy Shield Policy ("Policy") to establish and maintain an
adequate level of Personal Data protection. This Policy applies to the
processing of Personal Data that IDSY obtains from persons located in the
European Union and Switzerland.
IDSY complies with the EU-U.S. Privacy Shield
Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S.
Department of Commerce regarding the collection, use, and retention of personal
information transferred from the European Union and Switzerland to the United
States. IDSY has certified to the Department of Commerce that it
adheres to the Privacy Shield Principles. If there is any conflict
between the terms in this privacy policy and the Privacy Shield Principles, the
Privacy Shield Principles shall govern. To learn more about the
Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.
The Federal Trade Commission (FTC) has
jurisdiction with enforcement authority over IDSY's compliance with the Privacy
Shield.
All IDSY employees who handle Personal Data
from Europe and Switzerland are required to comply with the Principles stated
in this Policy.
Capitalized terms are defined in Section 14 of
this Policy.
IDSY provides software and/or services that
allow Corporate Customers to monitor their own website visitors’ online interactions.
In doing so, IDSY receives information from Data Subjects that visit Corporate
Customers’ websites and Individuals that use IDSY’s software and/or services on
behalf of Corporate Customer. In the first case, IDSY acts as a Data Processor.
In the second case, IDSY acts as a Data Controller and collects Personal Data
from Individuals in order to provide and operate its software and/or
services to a Corporate Customer.
1. Scope.
This Policy applies to the processing of Personal Data that IDSY
receives in the United States concerning Data Subjects or Individuals whose
data is collected in the European Union and Switzerland. IDSY provides software
and services to Corporate Customers but may track Personal Data from
Individuals (persons working on behalf of Corporate Customer).
This Policy does not cover data from which individual persons
cannot be identified or situations in which pseudonyms are used. (The use of
pseudonyms involves the replacement of names or other identifiers with
substitutes so that identification of individual persons is not possible.)
2. Responsibilities and Management.
IDSY has designated its IT Department to oversee its information
security program, including compliance with the EU-US and Swiss-US Privacy
Shield program. The IT Department shall review and approve any material changes
to this program as necessary. Any questions, concerns, or comments may be
directed to privacy@id-systems.com.
IDSY will maintain, monitor, test, and upgrade information
security policies, practices, and systems to assist in protecting the Personal
Data that it may collect. IDSY personnel will receive training, as applicable,
to effectively implement this Policy. Please refer to Section 7 for a
discussion of the steps that IDSY has undertaken to protect Personal Data.
3. Renewal and Verification.
IDSY will renew its EU-US Privacy Shield and Swiss-US Privacy
Shield certifications annually, unless it subsequently determines that it no
longer needs such certification or if it employs a different adequacy
mechanism.
Prior to the re-certification, IDSY will conduct an in-house
verification to ensure that its attestations and assertions about its treatment
of Personal Data are accurate and that the company has appropriately
implemented these practices. Specifically, as part of the verification process,
IDSY will undertake the following:
o Review this policy and its publicly posted privacy policy to
ensure that these policies accurately describe the practices regarding the
collection of Personal Data; and
o Ensure that the publicly posted privacy policy informs Data
Subjects and Individuals of IDSY's participation in the EU-US Privacy Shield
and Swiss-US Privacy Shield programs and where to obtain a copy of additional
information (e.g. a copy of this Policy); and
o Ensure that this Policy continues to comply with the Privacy
Shield principles; and
o Confirm that Data Subjects and Individuals have access to the
process for addressing complaints and any independent dispute resolution
process (IDSY may do so through its publicly posted website, written contract,
or both); and
o Review its processes and procedures for training Employees about
IDSY's participation in the Privacy Shield programs and the appropriate
handling of Personal Data.
IDSY will prepare an internal verification on an annual basis.
4. Collection and Use of Personal Data.
IDSY collects Personal Data from Individuals when they purchase its
software, log in to their account, or – for certain IDSY Services – who utilize
certain assets that are controlled and monitored by IDSY.
The Personal Data that we collect may vary based on the
Individual’s interactions with our software and/or services. As a general
matter, IDSY collects the following types of Personal Data: software user
information, including, a software person's name, work email address, work
mailing address, work telephone number, title, and company name. We will
collect any information that Individuals choose to provide to us through their
account. When Individuals utilize our software and/or services, we may collect
their IP address, language, browser, operating system, screen resolution,
device type, time on site, number of pages viewed, navigation, and any software
changes made. We may associate this information with a specific customer.
IDSY uses Personal Data that it collects indirectly in its role
as a service provider for the following business purposes, without limitation:
o maintaining and supporting its software, delivering and
providing the requested software/services, and complying with its contractual
obligations related thereto (including managing user access, reporting, other
operations related to providing services to Corporate Clients); and
o satisfying governmental reporting, tax, and other requirements
(e.g., import/export); storing and processing data, including Personal Data, in
computer databases; and
o verifying identity (e.g. for online access to accounts); as
requested by Individuals associated with Corporate Clients;
o for other business-related purposes permitted or required under
applicable local law and regulation; and as otherwise required by law.
IDSY does not disclose personal information to third parties for
purposes that are materially different than what it was originally collected
for. If this practice should change in the future we will update this policy,
identify the third parties, and provide an opt-out choice.
5. Disclosures / Onward Transfers of Personal
Data.
Except as otherwise provided herein, IDSY discloses Personal
Data only to Third Parties who reasonably need to know such data only for the
scope of the initial transaction and not for other purposes. Such recipients
must agree to abide by confidentiality obligations.
IDSY may provide Personal Data to Third Parties that act as
agents, consultants, and contractors to perform tasks on behalf of and under
our instructions. For example, IDSY may store such Personal Data in the
facilities operated by Third Parties. Such Third Parties must agree to use such
Personal Data only for the purposes for which they have been engaged by IDSY
and they must:
o comply with the Privacy Shield principles or another mechanism
permitted by the applicable EU and Swiss
data protection law(s) for transfers and processing of Personal Data; and
o agree via written contract to provide adequate protections for
the Personal Data that are no less protective than those set out in this
Policy.
IDSY utilizes a Third Party in the management and maintenance of
its System, including storage and access to Personal Data, as described
above. This Third Party is:
o Data Intensity, the largest independent multi-cloud managed
services provider, focused on mission critical applications and managed
services. Data Intensity provides system monitoring of servers,
applications and database performance and tuning for IDSY
Services. Data Intensity complies with EU-U.S Privacy Shield
Framework and Swiss-US Privacy Shield Framework. More details can be
found on their web site: https://www.dataintensity.com/privacy_policy/
IDSY also may disclose Personal Data for other purposes or to
other Third Parties when an Individual or Data Subject has consented to or
requested such disclosure. Please be aware that IDSY may be required to
disclose Personal Data in response to a lawful request by public authorities,
including to meet national security or law enforcement requirements. IDSY is
liable for appropriate onward transfers of Personal Data to third parties.
6. Sensitive Data. IDSY allows Corporate Clients
to exclude Individuals’ or Data Subjects’ Sensitive Data from being collected
or tracked when using its software and/or services.
7. Data Integrity and Security.
IDSY uses reasonable efforts to maintain the integrity of
Personal Data and to update it as appropriate. IDSY has implemented physical
and technical safeguards to protect Personal Data from loss, misuse, and
unauthorized access, disclosure, alteration, or destruction. For example,
electronically stored Personal Data is stored on a secure network with firewall
protection, and access to IDSY's electronic information systems requires user
authentication via password or similar means. IDSY also employs access
restrictions, limiting the scope of employees who have access to Personal Data.
Further, IDSY uses secure encryption technology in transit to
protect certain categories of personal data. Despite these precautions, no data
security safeguards guarantee complete (100%) security all of the
time.
8. Notification. IDSY notifies Individual
Customers about its adherence to the EU-US Privacy Shield and Swiss-US Privacy
Shield principles through its publicly posted privacy policy, available
at: https://apps.id-systems.com/privacy and require Individual Customers to
agree and accept our current policy when they use our software or services.
9. Accessing Personal Data. IDSY personnel may
access and use Personal Data only if they are authorized to do so and only for
the purpose for which they are authorized.
10. Right to Access,
Change, or Delete Personal Data.
o Right to Access. Individuals and Data Subjects have the right to
know what Personal Data about them is collected and to ensure that such
Personal Data is relevant for the purposes for which IDSY collected it.
Individuals and Data Subjects may request to review their own Personal Data and
correct, erase, or block any data that is incorrect, as permitted by applicable
law and IDSY policies. Upon reasonable request and as required by the EU-US
Privacy Shield and Swiss-US Privacy Shield principles, IDSY allows Individuals and Data
Subjects access to their Personal Data, in order to correct or amend such
data where inaccurate. Individuals may edit their Personal Data by logging into
their account or by contacting IDSY by phone or email. In making modifications
to their Personal Data, Individuals must provide only truthful, complete, and
accurate information. To request erasure of Personal Data, Individuals should
submit a written request to privacy@id-systems.com; Data Subjects should contact the Corporate Customer which
tracked their Personal Data, as well as submit a written request to privacy@id-systems.com.
o Requests for Personal Data. IDSY will track each of the
following and will provide notice to the appropriate parties under law and
contract when either of the following circumstances arise: (a) legally binding
request for disclosure of the Personal Data by a law enforcement authority
unless prohibited by law or regulation; or (b) requests received from the
Individual or Data Subject. Please note that in cases where IDSY acts as a Data
Processor, we may have to refer any inquiries for access to data to our
Corporate Customer.
o Satisfying Requests for Access, Modifications, and Corrections.
IDSY will endeavor to respond in a timely manner to all reasonable written
requests to view, modify, or inactivate Personal Data.
11. Changes to This
Policy. This Policy may be amended from time to time, consistent with the
Privacy Shield Principles and applicable data protection and privacy laws and
principles. We will make employees aware of changes to this policy either by
posting to our intranet, through email, or other means. We will notify Individuals
and Corporate Customers if we make changes that materially affect the way we
handle Personal Data previously collected and allow them to choose whether
their Personal Data may be used in any materially different manner.
12. Questions or Complaints.
You may contact IDSY with questions or complaints concerning the covered data,
please contact I.D. Systems, Inc. to:
Lucas Schultz lschultz@id-systems.com
Sr. Systems Administrator Phone: (201) 678-7779
I.D. Systems, Inc.
New Jersey
123 Tice Blvd., Suite 101
Woodcliff Lake, New Jersey
07677
Privacy
Shield organizations must respond within 45 days of receiving a complaint.
If
you have not received a timely or satisfactory response from I.D. Systems, Inc.
to your question or complaint, please contact the independent recourse
mechanism listed below
NON-HR
RECOURSE MECHANISM
ICDR/AAA Privacy Shield Program
13. Enforcement and
Dispute Resolution.
In compliance with the EU-US and Swiss-US Privacy Shield Principles,
IDSY commits to resolve complaints about your privacy and our collection or use
of your personal information. EU and Swiss Data Subjects with questions or
concerns about the use of their Personal Data should contact us at: privacy@id-systems.com.
If your question or concern cannot be satisfied through this
process, IDSY has further committed to refer unresolved privacy complaints
under the EU-US and Swiss-US Privacy Shield Frameworks to American Arbitration
Association (“AAA”), an independent dispute resolution mechanism operated
throughout the United States and worldwide through its International
Centre for Dispute Resolution (AAA-ICDR).
If you do not receive timely acknowledgement of your complaint,
or if your complaint is not satisfactorily addressed by IDSY, EU and Swiss
Individuals and Data Subjects should go to https://www.adr.org/Support for more information or to file a
complaint at FastFileOnline. The services of the AAA-ICDR will be
provided at no cost to you. Finally, as a last resort and in limited
situations, EU and Swiss Individuals and Data Subjects may seek redress from
the Privacy Shield Panel — a binding arbitration mechanism.
14. Definitions. Whenever
used in this Policy, the following terms will have the following specified
meanings:
"Corporate Customers" means a company who has
purchased IDSY products or services or a client of IDSY within the geographic
boundaries of Europe, the European Economic Area (EEA), or Switzerland. The
term also shall include any individual agent or representative of a Corporate
Customer of IDSY.
"Data Controller" means a person who (either alone or
jointly or in common with other persons) determines the purposes for which and
the manner in which any Personal Data are or are to be processed.
"Data Processor", in relation to Personal Data, means
any person (other than an employee of the data controller) who processes the
data on behalf of a Data Controller.
"Data Subject" means an identified or identifiable
natural living person who is either tracked by our software and/or services or
discloses their Personal Data to us (in order to obtain an account to use
our software and/or services). An identifiable person is one who can be
identified, directly or indirectly, by reference to a name, or to one or more
factors unique to his or her personal physical, psychological, mental,
economic, cultural or social characteristics. For Clients in Switzerland, a
Data Subject also may include a legal entity.
"Employee" means an employee (whether temporary,
permanent, part-time, or contract), former employee, independent contractor, or
job applicant of IDSY or any of its affiliates or subsidiaries, who is also a
resident of a country within Europe or the European Economic Area (EEA).
"Europe" or "European" refers to a country
in the European Union.
"Individual" means a Data Subject that is an employee,
contractor, agent, or representative of a Corporate Customer.
"Personal Data" as defined under the European Union
Directive 95/46/EC means data that personally identifies or may be used to
personally identify a person, including an individual's name in combination
with country of birth, marital status, emergency contact, salary information,
terms of employment, job qualifications (such as educational degrees earned),
address, phone number, email address, user ID, password, and identification
numbers. Personal Data does not include data that is de-identified, anonymous,
or publicly available. For Switzerland, the term "person" includes
both a natural person and a legal entity, regardless of the form of the legal
entity.