Effective Date: May 29, 2018

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:

• 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
• 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
• Ensure that this Policy continues to comply with the Privacy Shield principles; and
• 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
• 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:

• 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
• satisfying governmental reporting, tax, and other requirements (e.g., import/export); storing and processing data, including Personal Data, in computer databases; and
• verifying identity (e.g. for online access to accounts); as requested by Individuals associated with Corporate Clients;
• 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:

• comply with the Privacy Shield principles or another mechanism permitted by the applicable EU Swiss data protection law(s) for transfers and processing of Personal Data; and
• 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:

• 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: http://analytics.id-systems.com/idsys/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.

• 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 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.
• 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.
• 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 this Policy at the following address and email address:

Address:
I.D. Systems, Inc. 
123 Tice Blvd, #101
Woodcliff Lake, New Jersey 07677
USA

Email Address:
privacy@id-systems.com

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.