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. In an effort to take the broadest view, 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 including our telematics devices used to generate data 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 trade 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.
Marketing & Public website 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.
Personal Information may also be provided to us by you or a third party (to whom you have provided consent). This information may be used by us to contact you to convey information about our products and services. In addition, Personal Information provided to us when you provide feedback or when you participate in any interactive features, surveys, promotions, referral programs, activities or events will be used in accordance with this policy.
Access-controlled Web based ORBCOMM 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. It may also include driver name/license/worker identification information depending on the details incorporated into the ORBCOMM Platform by a purchaser of our products and services.
For visitors to the ORBCOMM portal, we automatically collect 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, in the 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.
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. When we receive a “Do Not Track” signal from your browser, we do not respond to or process it.
Device and Connection Information - We collect information about your computer, phone, tablet, or other devices you use to access ORBCOMM’s services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience. How much of this information we collect depends on the type and settings of the device you use to access the Services.
Third party advertisers – We do not currently have third party advertisers on any of our websites and we do not provide any Personal Information of our users to third party advertisers.
LEGAL BASIS FOR COLLECTION OF DATA (For EEA Customers)
ORBCOMM, as a data processor, collects the Personal Information of data subjects either with the consent of the data subject or 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.
Account Related Data Collection:
As part of our business relationship, you will provide us with the Personal Information of individuals who use the ORBCOMM products and services and that we may interact with in order to support your account, such as: name, email address, phone number, company identification. As part of and in connection with our business relationship we use your Personal Information in a number of ways, including: (a) to allow you to use the product by installing devices on your assets which collect data and accessing the ORBCOMM platform, and to bill you for the use of the product and services (including sharing that information with third parties necessary to assist in providing the services); (b) to manage and communicate with you about your account; (c) to check, maintain, or update the hardware, software and ORBCOMM platform; (d) to evaluate and improve ORBCOMM products and services; (e) to enforce the terms and conditions of any agreement or license between you and ORBCOMM; (f) to prevent fraud or misuse of the products and services; (g) to comply with legal and regulatory requirements, court orders, criminal investigations and civil matters where compelled; (h) to develop and offer you new or additional products or services; and (i) to perform market research, benchmarking and statistical analysis. You are responsible for notifying us of or making any changes to the Personal Information provided to ORBCOMM.
When an individual logs onto the ORBCOMM platform, Personal Information related to your use of the ORBCOMM platform will be used to record your access and activities to manage usage of the site, record actions undertaken while you are on the site and further support our business relationship including as described in the above paragraph.
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. In addition, 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.
CHILDREN’S INFORMATION. This site is intended for adult-use only. We do not direct any part of our site, products or services 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
It may be necessary to transfer Personal Information to third parties, including from one country to another. Transfers will only be made in accordance with applicable local laws and in a manner consistent with this policy. 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. Your permission is granted when entering into an agreement for ORBCOMM to provide you with products and services.
- 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 you (or the user of your account) were 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 equal to the longer of an applicable statutory retention period or our internal document retention policy.
Right to review and correct information
You have the right to review your Personal Information. To do this, you must send us a written request at email@example.com. We will follow the Data Subject Access Request procedures located here in responding. 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. Many of our contracts require ORBCOMM to notify your employer/data controller of a Data Subject Access Request associated with a customer account and we will follow those procedures in responding.
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 us directly, or to an employer/ data controller to process your Personal Information, by sending notifying the party directly responsible for collecting your Personal Information. If to us, directly, we will audit our systems and delete your Personal Information as requested unless we have a legal basis to retain that information. ORBCOMM will promptly inform you either of the deletion of your Personal Information or of our decision to retain the data and why. If we have your Personal Information as a consequence of your employment, we will work with the employer/data controller and follow their directions regarding your request, however, we retain the right to retain your Personal Information in the event we need to adhere to a legal requirement including the fulfillment of our obligations under a contract with your employer/data controller. Please note that your withdrawal shall not affect the lawfulness of processing we have previously undertaken.
ORBCOMM takes appropriate technical and organizational measures to protect your Personal Information from loss, misuse or alteration. While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.
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: firstname.lastname@example.org. 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 email@example.com. 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.
COMPLIANCE WITH LAW ENFORCEMENT REQUESTS
Occassionally, ORBCOMM receives requests for customer data from various law enforcment agencies. Most often, the requests are for the telematics data generated by our devices. In some circumstances, however, the request includes Personal Information. ORBCOMM will share information about you with a third party if we believe it is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect ORBCOMM, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
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 have the following rights.
The Right to Access/Know
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 firstname.lastname@example.org.
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. In addition, ORBCOMM has undertaken supplemental measures to help ensure the safety, security and integrity of your Personal Information.
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 or Data Privacy Officer 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, https://www.jamsadr.com/eu-us-privacy-shield. Additionally, for certain non-monetary issues or for residual complaints which are resolved by other means, you may be able to invoke binding arbitration before the Privacy Shield Panel as detailed in the Privacy Shield Principles.
UPDATES TO THIS NOTICE
ORBCOMM Rev 6-23