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:
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:
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:
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:
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.
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.