ORBCOMM^® Privacy Policy

ORBCOMM Privacy Policy

This ORBCOMM Privacy Policy (“Policy”) governs the privacy practices of ORBCOMM Inc. and its affiliates, including ORBCOMM LLC, ORBCOMM Networks, ORBCOMM AIS, ORBCOMM Canada, Inc., ORBCOMM Europe B.V., ORBCOMM Europe GmbH, ORBCOMM Chile, SpA, SkyWave Hong Kong, InSync Software, inthinc LLC, ORBCOMM Ireland, ORBCOMM Japan, and ORBCOMM Africa Pty Ltd, ORBCOMM Technologies India, Pvt Ltd., Skywave Hong Kong, and ORBCOMM Japan Limited (collectively, “ORBCOMM”).

ORBCOMM takes your privacy seriously. This Policy describes how we handle personally identifiable information (“Personal Data”) 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 Data as defined by Article 4(1) of the General Data Protection Regulation.

This Policy applies to Personal Data collected by us in whatever format and through any medium including our website, the ORBCOMM Platform(s), 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.

As part of its commitment to transparency, ORBCOMM will not sell, share, or trade your Personal Data to others in ways different from what is disclosed in this statement. However, from time to time, we may use your Personal Data 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 Data from you, we will notify you and secure your consent before using your Personal Data 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 website data collection:
ORBCOMM does not require that you register to use our website. However, ORBCOMM, through GOOGLE® analytics, does collect certain Personal Data, 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:

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 based ORBCOMM Portals/telematic & mobile device data collection:

Our services are provided through mobile and telematics devices installed on customer assets and which transmit a variety of information to us for processing. 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 an ORBCOMM Platform by a purchaser of our products and services. In order to access this information you or your employer must have entered into an agreement with ORBCOMM for the provision of products/services and registered to use an ORBCOMM Platform or device. Some customers use a third party platform to view the information collected by our devices. Access, use, confidentiality and protection of data sent to those third parties are subject to their privacy and information security policies.

For users of 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. You are the controller of any data generated by the telematics devices and the information you include in your portal interface.

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.

Analytics – We use Google Analytics to compile data regarding visitors to our website. As a result of your visit to our site, Google Analytics may collect information such as your domain type, your IP address and clickstream information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected through Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Third party advertisers – We do not currently have third party advertisers on any of our websites and we do not provide any personal Data of our users to third party advertisers.

LEGAL BASIS FOR COLLECTION OF DATA

ORBCOMM, is a data processor and collects the Personal Data of individuals either with the consent of the individual, at the direction of a purchaser of our products or services pursuant to an agreement with ORBCOMM or in accordance with Article 6(1)(f) of the GDPR, which states that a legal basis for the collection of Personal Data 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 Data.

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 an ORBCOMM product or service has been purchased, we may use your Personal Data in a number of ways, including: (a) to allow you or your employer to use the product by installing devices on various assets which collect data, by accessing the ORBCOMM Platform(s) and to invoice a purchaser for the use of the product and services (including sharing that information with third parties necessary to assist in providing the services); (b) to communicate with you about your account either over the internet, through the ORBCOMM platform or telephonically; (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 will provide us with the name(s) and contact information including an email address and phone number of an individual(s) who operate or are associated with the telematics devices and peripherals, use the ORBCOMM platform and act as a point of contact. To ensure accuracy of records maintained or processed by ORBCOMM, you are responsible for notifying us of or making any changes to the Personal Data provided to us.

Personal Data related to your use of the ORBCOMM Platform(s) 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.

Personal Data acquired during your use of ORBCOMM services, including use of the ORBCOMM platform 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 Data 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, 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 Data..

DISCLOSURES & ACCOUNTABILITY FOR ONWARD TRANSFERS

Consistent with this Policy, we may transfer Personal Data 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:

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

You have the right to review your Personal Data in our possession. In order to do this, you must send us a written request to privacy@orbcomm.com. If the information we hold about you is incorrect, you have the right to request its correction or deletion.

For Personal Data 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 Data we may retain as a data processor.

Right to withdraw your consent

You have the right to request erasure of your Personal Data in the following circumstances:

Subject to applicable law, you have the right at any time to withdraw your consent given to the data controller to process your Personal Data, by sending notifying the party directly responsible for collecting your Personal Data.  If we have your Personal Data through your employment with a customer, please contact your employer’s administrator and we will work with them to remove your Personal Data, however, we retain the right to retain your Personal Data 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 Data 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: privacy@orbcomm.com. ORBCOMM will respond to your request within the required statutory period. If you then wish to have your Personal Data corrected, added, removed or blocked, please inform us of your request at privacy@orbcomm.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.

Prior to any changes, deletions or disclosures of Personal Data 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.

Submit Requests. To exercise your rights under the CPRA, please reach out to us at privacy@orbcomm.com.

INTERNATIONAL TRANSFERS

EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF)

ORBCOMM complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF (UK Extension), and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. ORBCOMM has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of Personal Data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. ORBCOMM has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of Personal Data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles, the UK Extension and/or the Swiss-U.S. DPF Principles, the applicable regulatoy Principles regime shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

In compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF (UK Extension), and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), ORBCOMM is commited to resolve issues involving the collection or use of your Personal Data transferred to the U.S. pursuant to the EU-U.S. DPF, the UK Extension, and the Swiss-U.S. DPF. EU, UK, and Swiss individuals with inquiries or complaints should first contact ORBCOMM at privacy@orbcomm.com or by using one of the email addresses listed in the “Contact Us” section.

ORBCOMM has further committed to refer unresolved DPF Principles-related complaints to a U.S.-based independent dispute resolution mechanism. For data subjects in the UK, EA 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, Data Privacy Framework Resolution | JAMS Mediation, Arbitration, ADR Services (jamsadr.com). This service is provided free of charge to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf.

All Personal Data that is subject to this privacy policy and is received from UK, EA, or Swiss residents is covered by ORBCOMM’s participation in the Data Privacy Framework unless governed by another adequate transfer mechanism.

ORBCOMM is accountable for personal data received under the Data Privacy Framework and subsequently transferred to a third party as described in the Data Privacy Framework located at https://www.dataprivacyframework.gov/.

Pursuant to the Data Privacy Framework, ORBCOMM remains liable for the transfer of personal data to third parties acting as our agents unless we can prove we were not a party to the events giving rise to the damages.

ORBCOMM is subject to the investigatory and enforcement powers of the U.S. Federal Government, including the U.S. Federal Trade Commission (FTC) and/or the US Department of Transportation.

ORBCOMM has also implemented the appropriate modules of the Standard Contract Clauses which are approved for the transfer of Personal Data outside the EA in accordance with GDPR. These can be provided on request.

CONTACT US OR IF YOU HAVE QUESTIONS ABOUT ORBCOMM’S PRIVACY POLICY

If you have any questions, inquiries or complaints about the Policy or our privacy practices, you may contact:

Wayne Kaufman
Data Privacy Officer
ORBCOMM
395 W. Passaic St., Ste 325
Rochelle Park, NJ 07662
Tel: +1-201-510-04185
privacy@orbcomm.com

UPDATES TO THIS NOTICE

We will update this Privacy Policy from time to time. When we make changes to this Privacy Policy, we will change the "ORBCOMM Rev" date at the bottom of each page of this Privacy Policy. All changes shall be effective from the “Rev Date” unless otherwise provided in the notification.