Cambridge Mobile Telematics, Inc (“CMT”) respects consumer concerns about privacy.  We comply with the EU-US and Swiss-US Privacy Shield Frameworks 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/or Switzerland to the United States. CMT 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/.

To learn more about the Privacy Shield program, and to view our certification page, please visit: www.privacyshield.gov

The Federal Trade Commission (FTC) has jurisdiction with enforcement authority over CMT’s compliance with Privacy Shield.

All CMT employees who handle Personal Data from EU countries and Switzerland are required to comply with the principles stated in this policy.

Capitalized terms are defined in the “Definitions” section of this Policy.

Scope

This policy applies to the processing of Individual Customer Personal Data that CMT receives in the United States concerning Individual Customers who reside in the European Union and Switzerland.

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

CMT has designated the security and privacy group to oversee its information security program, including its compliance with the EU and Swiss Privacy Shield Frameworks. The security and privacy group shall review and approve any material changes to this privacy policy as necessary. Any questions, concerns, or comments regarding this policy also may be directed to: privacy@cmtelematics.com

CMT will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. CMT personnel will receive training, as applicable, to effectively implement this policy. Please refer to the “Data Integrity and Security” section of this Policy for a discussion of the steps that CMT has undertaken to protect Personal Data.

Renewal / Verification

CMT will renew its US-EU 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, CMT will conduct an in-house verification to ensure that its attestations and assertions about its treatment of Individual Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, CMT will undertake the following:

  1. Review this Privacy Shield policy to ensure that these policies accurately describe the practices regarding the collection of Individual Customer Personal Data
  2. Ensure that the publicly posted privacy policy informs Individual Customers of CMT’s participation in the US EU Privacy Shield and US Swiss Privacy Shield programs and where to obtain a copy of additional information (e.g., a copy of this Policy)
  3. Ensure that this policy continues to comply with the Privacy Shield principles
  4. Confirm that Individual Customers are made aware of the process for addressing complaints and any independent dispute resolution process (CMT may do so through its publicly posted website, Individual Customer contract, or both
  5. Review its processes and procedures for training CMT employees about CMTs participation in the Privacy Shield programs and the appropriate handling of Individual’s Personal Data
  6. CMT will prepare an internal verification statement on an annual basis.

Collection and Use of Personal Data

CMT provides various solutions to its Partners and Individual Customers who purchase its products and services. CMT collects Personal Data from Partners and Individual Customers when they purchase its products, utilize CMT’s service, register with our website, log-in to their account, complete surveys, request information or otherwise communicate with us.

The Personal Data that we collect may vary based on the Individual Customer’s interaction with our website and/or our products and services.

When contacting CMT via our website, CMT collects the following types of Personal Data from its Individual Customers: contact information, including, a contact person’s name, email address, work telephone number, title, and company name, and any additional information the Individual Customer chooses to provide.

When Individual Customers use our services online, CMT collects their login ID, password, IP address and sensor data such as, phone settings, WIFI settings, GPS data, phone sensor data and phone state.

The information that we collect from Partners and Individual Customers is used for selling and servicing the products and services they buy from CMT, managing transactions, reporting, invoicing, renewals, other operations related to providing services and products to the Partner and Individual Customer.

For certain products, CMT serves as a service provider. In our capacity as a service provider, we will receive, store, and/or process Personal Data of Individuals who are customers or clients of our partners. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of our partners and/or agents. The information that we collect from our Individual Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Individual Customer, and as otherwise requested by our partner and/or agent.

CMT uses Personal Data that it collects directly from its Individual Customers and for its partners indirectly in its role as a service provider for the following business purposes, without limitation:

  1. maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to an Individual Customer)
  2. satisfying governmental reporting, tax, and other requirements (e.g., import/export)
  3. storing and processing data, including Personal Data, in computer databases and servers located in the United States
  4. verifying identity (e.g., for online access to accounts)
  5. as requested by the Individual Customer
  6. for other business-related purposes permitted or required under applicable local law and regulation
  7. as otherwise required by law

CMT does not disclose Personal Data to third parties for purposes that are materially different than what it was originally collected for. Should this change in the future, Individual Customers will be provided with the option to opt-out of having their data shared.

Disclosures / Onward Transfers of Personal Data

CMT may provide Personal Data to third parties that act as agents, consultants, and contractors to perform tasks on behalf of and under CMT instructions. Except as otherwise provided herein, CMT 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 third parties must be under contract with CMT, binding them to adhere to the Privacy Shield standards.

CMT also may disclose Personal Data for other purposes or to other third parties when a Data Subject has consented to or requested such disclosure. Please be aware that CMT 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. CMT is liable for appropriate onward transfers of Personal Data to third parties.

Sensitive Data

CMT does not collect Sensitive Data from its Individual Customers or Employees.

Data Integrity and Security

CMT uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. CMT has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to CMT’s electronic information systems requires user authentication via password or similar means. CMT also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data.

Further, CMT uses secure encryption technology to protect certain categories of personal data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.

Notification

CMT notifies Individual Customers about its adherence to the EU-US Privacy Shield and Swiss-US Privacy Shield principles through its publicly posted website privacy policy, available at: www.cmtelematics.com/privacy

Accessing Personal Data

CMT 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

  1. Right to Access. Individual Customers have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which CMT collected it. Individual Customers may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and CMT policies. Upon reasonable request and as required by the Privacy Shield principles, CMT allows Individual Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Individual Customers may edit their Personal Data by logging into their account profile or by contacting CMT by email at privacy@cmtelematics.com. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Individual Customers should submit a written request to CMT.
  2. Requests for Personal Data. CMT 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:
    1. legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or
    2. requests received from the Data Subject.
    3. If CMT receives a request for access to his/her Personal Data from an Individual Customer, then, unless otherwise required under law or by contract with such Individual Customer, CMT will refer such Data Subject to the Individual Customer.
  3. Satisfying Requests for Access, Modifications, and Corrections. CMT 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 CMT employees aware of changes to this policy either by posting to our intranet, through email, or other means. We will notify Individual Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.

Questions or Complaints/Enforcement and Resolution – Consumer Data

In compliance with the US-EU and Swiss-US Privacy Shield Principles, CMT commits to resolve complaints about your privacy and our collection or use of your personal information. EU and Swiss individuals with questions or concerns about the use of their Personal Data should contact us at: privacy@cmtelematics.com.

If a Customer’s question or concern cannot be satisfied through this process CMT has further committed to refer unresolved privacy complaints under US-EU Privacy Shield and Swiss-US Privacy Shield to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus, located in the United States and provided to individuals free of charge.

If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by CMT, EU and Swiss individuals may bring a complaint before the BBB EU Privacy Shield program can be found at: https://www.bbb.org/EU-privacy-shield/file-a-complaint/

Finally, as a last resort and in limited situations, EU and Swiss individuals with unresolved complaints may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.

Defined Terms

Capitalized terms in this policy have the following meanings:

Individual Customer” means an Individual customer or client of CMT, or a CMT partner, from EU or Switzerland.

Partner” means any individual agent, representative, or customer which transacts business with CMT and maintains the relationship and permission of the individual customer in regards to the collection and processing of Personal Data

Data Subject” means an identified or identifiable natural living person. 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 Customers residing in Switzerland, a Data Subject also may include a legal entity.

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, e-mail 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.