We at ORBCOMM take your privacy seriously. This Policy describes how we handle personally identifiable information (“Personal Information”) and other information that we collect or receive through the provision of ORBCOMM products and services, any web sites, portals, telecommunications, technical or customer service support or information and as part of any of our other business activities. We define Personal Information as defined by Article 4(1) of the General Data Protection Regulation.
This Policy applies to information collected by us in whatever format and through any medium including our website, the ORBCOMM Platform, telephone communications, tablets, apps and other devices about you and/or your employer in the course providing our products and services, and how we may use and share it.
ORBCOMM is the sole owner of the information collected from you. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. However, from time to time, we may use your information for new, unanticipated uses not previously disclosed in this Policy. If our practices change, we will post the changes to our website and revise our Policy. In addition, if we have collected Personal information from you, we will notify you and secure your consent before using your personal information in new ways.
WHAT INFORMATION DO WE COLLECT?
The information we collect varies depending upon your activities and the products and services you use.
Public web site data collection:
ORBCOMM does not require that you register to use our website. However, ORBCOMM, through GOOGLE® analytics, does collect certain Personal Information, including your IP address visit our website. In addition we collect information you voluntarily provide including name, email addresses, credit/debit card or other financial information when you:
- request information from us through our web site(s); or
- make a purchase through our web site(s); or
- contact customer support.
This information may be used by us to provide the requested services or products and to contact you in the future to convey information about our products and services. You are under no obligation to provide us with this information, but without it we may not be able to take the action requested.
Access-controlled Web Portals/telematic devices data collection:
Our services are provided through telematics devices installed on customer assets which transmit a variety of information to us for processing via wireless communication, satellite, internet and other technologies. This information may include GPS location, driving speed, braking, turning, in-cab, video and accident related information such as impact details.
For visitors to our site, we automatically collect other potentially identifying information and store it in log files. This information includes (as applicable) IP addresses, browser type, internet service provider, referring/exit pages, your operating system, date/time stamp, processor or device serial number, unique device identifier, and clickstream data. We collect and store this information on an individual basis and in aggregate, or combined, form. We also collect both user-specific and aggregate information on what pages visitors access or visit. This information is used to provide customer support and for the maintenance and improvement of our on-line and data processing services.
When we receive a “Do Not Track” signal from your browser, we do not respond to or process it.
Cookies – We use session cookies on our websites. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. If you reject cookies, you may still use our main corporate site, but your ability to use some other sites of ours or areas of our sites will be limited.
We use session cookies to make it easier for you to navigate our site. We use session cookies to record session information, such as which web pages a user has visited, and to track user activity on the site. We also use session cookies to store any passwords used on the site (such as a password associated with a user account), so you don’t have to enter it more than once per session. Session cookies expire when you close your browser.
Third party advertisers – We do not currently have third party advertisers on any of our websites.
LEGAL BASIS FOR COLLECTION OF DATA
ORBCOMM, as a data processor, collects the Personal Information of certain data subjects in accordance with Article 6(1)(f) of the GDPR, which states that a legal basis for the collection of Personal information is proper when the “processing is necessary for the purposes of the legitimate interests pursued by the controller or by a Third Party...” Through our contracts with data controllers, we rely on data controller’s legitimate interests in the global management of their asset classes to collect and retain Personal Information.
HOW DO WE USE THIS INFORMATION?
Public web site data use:
We also use information we collect to analyze trends, to administer the site, and to track users’ movements on the site. We also use this information to improve the content of our web pages and make our site more useful to visitors.
Access-controlled Web Portals/telematic devices data collection:
Once you have purchased an ORBCOMM product or service, we may use your Personal Information in a number of ways, including: (a) to allow you to use the product, and to allow us to deliver the services to you and to bill you for the use of the product and services (including sharing that information with third parties necessary to assist in the providing of the services); (b) to communicate with you about your account; (c) to check, maintain, or update your hardware and software; (d) to help you to maintain your asset based on diagnostic information; (e) to evaluate and improve products and services; (f) to enforce the terms and conditions of any user agreement or license between you and ORBCOMM; (g) to prevent fraud or misuse of the products and services; (i) to comply with legal and regulatory requirements, court orders or criminal investigations; (j) to develop and offer you new or additional products or services; and (k) to perform market research, benchmarking and statistical analysis. Upon activation of some ORBCOMM products, you may have to provide us with the name(s) and contact information including an email address and phone number of an individual(s), including yourself, who will be the designated operator(s) of the associated asset. Our records will reflect such designation until you communicate a different designated operator(s). Accordingly, to ensure accuracy of our records at all times, you are responsible for notifying us of any changes to the designated operator(s) so as to indicate the actual operator of the vehicle or asset at any particular time.
Personal Information that you use to log onto the ORBCOMM platform will be used to record your access and activities on the secure portion of the site and for the purpose of identifying the correct account to bill for any services ordered or modified by you during your visit.
Information you enter during your visit will be used to record and fulfill your orders for new or modified services, to address problems or equipment or service issues you may report through an ORBCOMM website, and any other actions you may take during your visit to update information or manage your account. If you are a customer of an ORBCOMM affiliate that provides you with cellular communications service or data service that includes cellular communications service, your information, including the Personal Information you enter in order to log onto the ORBCOMM secure platform will be shared with the telecommunications carrier(s) of your terrestrial M2M services (identified in your agreement with the ORBCOMM affiliate) to the extent required by the applicable carrier in order to affect your orders for cellular service, to address reported problems or issues, or to update information or otherwise manage your service. Treatment of such information by the carriers is not under the control of ORBCOMM, and its use is governed by the privacy policies of those carriers as stated on their web site(s).
ORBCOMM may license, sell, or otherwise share anonymized or de-identified, aggregated information collected through the use of the products and services with third parties. This information may include information about a type of vehicle or asset’s performance, geographical location, asset diagnostics, the driving experience of a particular age group, or other reported events on an aggregated basis that is completely anonymous and not identifiable to any individual. We will respond to subpoenas, court orders, legal process and other official demands and may use information to enforce or exercise our legal rights or defend against legal claims.
It is possible that, at some time in the future, our company may be sold along with its assets, or may engage in business transactions in which customer information is one of the assets transferred. In such a case, the customer information which we have gathered may be one of the business assets we transfer or to which we allow confidential access to a prospective purchaser, subject to proper restrictions related to confidentiality.
CHILDREN’S INFORMATION. This site is intended for adult-use only. We do not direct any part of our site to children less than 18 years old and do not collect any data of any minor child. If you are under the age of 18, please do not provide us with any Personal Information.
DISCLOSURES & ACCOUNTABILITY FOR ONWARD TRANSFERS
Consistent with this Policy, we may transfer personal information to third parties, including from one country to another. Transfers will only be made in accordance with applicable local laws. We will only transfer your information under one of the following conditions:
- To comply with the legitimate interests of our business relationship as expressly described in our agreement to provide you with products and services.
- With your permission to make the disclosure.
- The disclosure is to a third party providing services to ORBCOMM in support of our operations and which is consistent with the purpose for which we collected the information. We have entered into contracts and data processing agreements with these third parties, requiring that they comply with applicable laws regarding personal information. ORBCOMM remains liable and responsible under the Privacy Shield Principles for third-parties processing personal information on our behalf that is inconsistent with Privacy Shield Principles, unless ORBCOMM can provide evidence that it was not responsible for the issue that gave rise to the damage.
- Where ORBCOMM is required to meet a legal obligation, such as a lawful demand by a public authority, law enforcement or other national security obligations, as well as applicable law, rule or regulation.
- Where it is reasonably necessary for the establishment of a legal claim or to meet compliance or regulatory purposes.
HOW LONG DO WE KEEP THIS INFORMATION?
If we sign an agreement to provide you with products and services, we will retain your information in accordance with our continuing business need to service this relationship. If you create a user account on the site, we keep your account information for so long as you are using the account. Information collected through this site is retained in aggregated form. Following termination of our business relationship we will retain your information for a period of time equal to the longer of an applicable statutory retention period or our internal document retention policy.
Right to review and correct information
For Personal Information you have given to us, you have the right to review your Personal Information in our possession. In order to do this, you must send us a written request to firstname.lastname@example.org. If the information we hold about you is incorrect, you have the right to request its correction or deletion.
For Personal Information provided to us by a data controller through your employment with that data controller, you must contact that organization to discuss the mechanism for determining how to access Personal Information we may retain as a data processor.
Right to withdraw your consent
You have the right to request erasure of your Personal Information in the following circumstances:
- The information is no longer necessary for the purpose for which it was collected
- You withdraw your consent to processing, and there is no other legal ground for maintaining the Personal Information, i.e., the controller cannot demonstrate an overriding legitimate basis for processing
- The processing is otherwise unlawful
Subject to applicable law, you have the right at any time to withdraw your consent given to the data controller to process your Personal Information, by sending notifying the party directly responsible for collecting your Personal Information. We will work with the data controller to fulfill your request, however, we retain the right to retain your Personal Information in the event we need to adhere to a legal requirement. Please note that your withdrawal shall not affect the lawfulness of processing we have previously undertaken.
INFORMATION SECURITY AND QUALITY
ORBCOMM takes appropriate technical and organizational measures to protect your Personal Information from loss, misuse or alteration.
If you wish to know what information ORBCOMM has collected about you or if you wish to change data that you cannot change yourself on the site, then you can send a request for information on your personal data to: email@example.com. ORBCOMM will respond to your request within the required statutory period. If you then wish to have your Personal Information corrected, added, removed or blocked, please inform us of your request at firstname.lastname@example.org. ORBCOMM shall respond within the statutory timeframe to your request. If ORBCOMM can not comply with your request, we will respond to your request with an explanation of our decision.
Prior to any changes, deletions or disclosures of Personal Information we will require verification of your identity. The information you provide to verify your identity will be used only for that purpose and deleted once confirmed.
LINKS TO THIRD PARTY SITES
ORBCOMM websites may include links to other Internet sites not operated by us and we are not responsible for the privacy practices or the content of those sites. Your access and use of third party sites is solely at your own risk.
Your California Privacy Rights
If you are a California resident, you may exercise the following rights.
|Right to Know/Access.||
You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
|The Right to Request Deletion||You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.|
|The Right to Opt Out of Personal Information Sales||
|The Right to Non-Discrimination||You have the right not to receive discriminatory treatment for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.|
|“Shine the Light”||California residents that have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code §1798.83).|
Submit Requests. To exercise your rights under the CPRA, please reach out to us at email@example.com.
The Federal Trade Commission has jurisdiction over ORBCOMM’s compliance with Privacy Shield.
ORBCOMM has implemented the appropriate modules of the Standard Contract Clauses which are approved for the transfer of Personal Information outside the European Economic Area in accordance with GDPR. These can be provided on request.
If you have any questions, inquiries or complaints about the Policy or our privacy practices, you may contact:
Data Privacy Officer
395 W. Passaic St., Ste 325
Rochelle Park, NJ 07662
PRIVACY DISPUTE RESOLUTION
For data subjects in the European Union and Switzerland, if you have made a complaint relating to this policy directly to our General Counsel and we do not resolve the complaint to your satisfaction within a reasonable time, then you may file a dispute, at no cost to you, with our independent alternative dispute resolution provider, the Judicial Arbitration and Mediation Service (“JAMS”) by following the instructions on their website,
UPDATES TO THIS NOTICE
ORBCOMM Rev 8-22