Effective Date: May 22, 2018
Systems, Inc. and its subsidiaries ("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-US Privacy Shield Framework and Swiss-US Privacy Shield
Framework as set forth by the US Department of Commerce regarding the
collection, use, and retention of personal information obtained from Data
Subjects or Individuals in the European Union member countries and Switzerland.
IDSY has certified that it adheres to the Privacy Shield Privacy Principles of
notice, choice, accountability for onward transfer, security, data integrity
and purpose limitation, access, recourse, enforcement and liability. If there
is any conflict between the policies in this policy and the Privacy Shield
Privacy Principles, the Privacy Shield Privacy Principles shall govern. To
learn more about the Privacy Shield program, 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.
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
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.)
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 firstname.lastname@example.org.
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.
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
- 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.
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.
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.
/ Onward Transfers of Personal Data.
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
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.
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.
Data. IDSY allows Corporate Clients to exclude Individuals’ or Data Subjects’
Sensitive Data from being collected or tracked when using its software and/or
Integrity and Security.
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.
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.
IDSY notifies Individual Customers about its adherence to the EU-US Privacy
Shield and Swiss-US Privacy Shield principles through its publicly posted
Individual Customers to agree and accept our current policy when they use our
software or services.
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.
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@IDSY.com; Data Subjects should contact the Corporate Customer which tracked their Personal Data, as well as submit a written request to email@example.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.
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.
Complaints. You may contact IDSY with questions or complaints concerning this
Policy at the following address and email address:
I.D. Systems, Inc.
123 Tice Blvd, #101
Woodcliff Lake, New Jersey 07677
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: firstname.lastname@example.org.
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
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. 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.
used in this Policy, the following terms will have the following specified
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.
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.
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
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.
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).
or "European" refers to a country in the European Union.
means a Data Subject that is an employee, contractor, agent, or representative of
a Corporate Customer.
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.