Privacy Policy

I.D. Systems, Inc., doing business as Powerfleet, and its subsidiaries and affiliates, (individually or collectively, “we/our/us”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the type of information we may collect from you and that you may provide us when you visit or use any websites or mobile sites provided by us (the, “Websites”). “You/your/user(s)” means you as a user of our Websites, including any information, tools and services available from the Websites, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here, which you accept by continuing to utilize the Websites.

1. Scope.

1.1 We value our users and respect your privacy. This Privacy Policy describes the Personal Information (as defined below) we collect about you online on the Websites, why we collect it, how we use it, and when we share it with third parties. This Privacy Policy also describes the choices you can make about how we collect and use certain of that information.

1.2 The Privacy Policy does not apply to information collected by us offline or through any other means, including any third party or any application or content (including advertising) that may link to or be accessible from or on the Websites.

1.3. Although many areas of the Websites do not require registration and may be accessed by you without having to disclose any personal information, we or our service providers and/or third-party advertisers may ask you for or otherwise collect certain kinds of personal information, including but not limited to your name, email address, mailing address, telephone number, age, credit/debit card information, user name and password, demographic information and other information that might identify you as an individual (“Personal Information”). The Personal Information we collect about you may also be combined or supplemented with information from other sources. Any Personal Information used in any manner will be used consistent with this Privacy Policy.

1.4 By accessing the Website(s), you acknowledge this Privacy Policy and agree to be bound by the terms hereof and the Terms of Service set forth on the Websites. If there is anything you do not understand please email any inquiry to info@id-systems.com, with the subject line ATTN: PRIVACY. If at any time you do not agree to this Privacy Policy, please do not use the Websites.

1.5 We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Websites. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. It is your responsibility to review any such changes or updates and to check the Websites regularly to be sure you understand all terms and conditions, agreements and policies of the Websites and are in compliance with them. You can tell if the policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Websites following the posting of any amendment, modification or change shall constitute your acceptance thereof.

1.6 If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account or through a notice on the homepage of the Websites.  You are responsible for ensuring we have an up-to date active and deliverable email address for you and for regularly reviewing the Websites and this Privacy Policy for any changes.

2. Information Collected.

2.1 We may collect information that you provide directly to us. You may provide different types of Personal Information to us when you engage in certain activities, such as creating an account, use of our customer portal, ordering a product or service, submitting, posting or accessing various content or features, responding to and submitting a form, participating in a special initiative, signing up for a special offer, sending feedback, requesting or submitting information, applying for a job, or directly contacting us. It is optional for you to engage in such activity; however, if you choose to do so, we may require that you provide us certain Personal Information. Depending upon the activity, some of the information we ask you to provide is required and some is voluntary. If you do not provide required information for a particular activity, you may not be permitted to engage in that activity.

2.2 As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including your browser and mobile device type, operating system and name of your Internet service provider; web pages you visit on the Websites; IP address, browser type, profile information, geo-location information; information about your interactions with email messages, such as whether the messages were opened and the links clicked in those emails; and standard server log information.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Click here [INCLUDE A LINK TO DO NOT TRACK DISCLOSURES] for information on how you can opt out of behavioral tracking on our Websites and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically may include Personal Information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Websites and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Websites according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Websites.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Cookies help us remember you when you return to the Websites. Cookies also hold information to personalize and enhance your experience and to gather statistical data, such as which pages are visited, the Internet provider’s domain name and the addresses of the sites you visited immediately before coming to and immediately after leaving the Websites. The information in the cookies lets us trace your “clickstream” activity (i.e., the paths taken by users of the Websites as they move from page to page) to enable us to better serve you by revealing which portions of the Websites are the most popular. We may also allow our affiliate and service providers and advertisers to serve cookies from the Websites to allow them to assist us in various activities such as doing analysis and research on the effectiveness of the Websites, its content and advertising. Some third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offer a single location to opt out of ad targeting from member companies (www.networkadvertising.org).You may also refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Websites.
• Flash Cookies. Certain features of our Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web Beacons. Pages of our the Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). These tools help us analyze users’ online behavior and measure the effectiveness of the Websites and our advertising and marketing. We may combine the information collected by such pixel tags with the Personal Information of our customers. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no Personal Information. We work with service providers that help us track, collect, and analyze this information.

2.3 We collect email lists and information related to meeting requests and marketing services. When you use the Websites, you may be given the option to subscribe to or to be added to our subscription or email list, to schedule a personal call or meeting and to request certain resource materials. Whether or not you select these options, your Personal Information may be shared with third parties consistent with this Privacy Policy. Subscriptions to the email list or call or meeting requests can be cancelled at any time.

3. Use of Your Information.

We may use the information we collect about you or that you provide to us, including any Personal Information, to:

• present our Websites and their contents to you.
• provide the information, materials, goods or services you request.
• fulfill any other purpose for which you provide it.
• enable you to participate in special initiatives and to communicate with you about them.
• identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you.
• market research and customized offers.
• improve our services and product selections, customer service, and overall Websites experience.
• update and maintain the accuracy of our information.
• communicate with you by email, postal mail, telephone, text message, or other means about our company, our products, or other information that we believe may be of interest to you.
• provide others with your information for the limited purposes described in this Privacy Policy.
• if you join our electronic mailing list, to send you our electronic communications, including our newsletters and our company announcements, alerts, notices and updates.
• send you notices of a transactional, administrative or relationship nature or as required by law.
• carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• notify you of changes to our Websites or any products or services we offer or provide through them.
• perform the tasks and actions that were described when you provided the information or for any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data or adjust your user preferences in your account profile.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

4. Sharing Personal Information with Third Parties.

4.1 We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you.

4.2 We disclose your Personal Information to outside individuals and/or companies who help us: bring you the products and services we offer; create, operate, and maintain the Websites; and with specialized services such Websites hosting, monitoring and analytics. We provide these companies only with the information they need to perform their services. We also work with third parties, such as ad networks, analytics companies and social networking platforms, and they may collect information about your online activities over time and across our Websites and other online services. We require that these outside individuals and/or companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us. We may also contribute to or participate in cooperative databases, which give other companies access to Personal Information.

4.3 We will disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Websites, to limit our legal liability and protect our rights or to protect the rights, property or safety of users of the Websites or the public.

4.4 We may provide products or services jointly with certain third-party businesses. In those matters, we may share your Personal Information with such entities to help them deliver to you purchased goods and services, and to provide you with better service and to measure our program’s value. Sharing this information will allow such affiliate providers to market products and services directly to you, should they so choose. We will only share your Personal Information with affiliate providers with whom you engage in activities on the Websites.

4.5 In addition, if we go through a business transition, such as a merger, acquisition by another company or a financing, investment, support or funding, sharing or sale of all or a portion of our assets, your Personal Information will likely be among the assets shared or transferred. If we engage in any of these types of transactions, your information will be subject to our Privacy Policy in effect at the time of the transfer or sharing of such information.

5. Non-Personally Identifiable Information.

5.1 Through your use of the Websites, we may also collect certain non-personally identifiable information from you (“NPII”). NPII is not associated with you as an individual. It is measured anonymously and only in the aggregate. We use NPII to maintain and administer the Websites, analyze trends, gather demographic information and comply with applicable law. We may share this information with others without express notice to you or consent from you, and we may exploit, use and disclose your NPII without limitation of any kind.

5.2 We may combine the NPII collected through cookies, pixel tags and other analytical tools with other information we may have collected from you. This information may be used to improve the Websites, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of advertising, and for other internal business purposes. We may use and share aggregated and anonymous information to conduct market research and analysis for ourselves and/or for our business partners. Given the anonymous, non-personally identifiable nature of such information, there are no restrictions under this Privacy Policy on how we may use or disclose such information. For example, we may freely share such information with third parties who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share such information with our service providers in order for them to perform services to or for us.

5.3 We authorize certain service providers to utilize NPII for their business purposes and in accordance with their privacy policies, such as to report on usage or industry trends to their customer base.

5.4 Third Party Functionalities: The Websites contains links to and enables certain third-party functionalities to enhance your experience on the Websites, including social plug-ins, tools and APIs. Prior to using any third-party functionalities (e.g., Facebook “Like” button) on the Websites, you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook), as we have no control over information that is submitted to, or collected by, such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.

6. Accessing and Correcting Your Information.

You can review and change your personal information by logging into the Website and visiting your account profile page.  You may also send us an email at privacy@Powerfleet.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.  If you delete your posted content from the Websites, copies of such content may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Website.  Proper access and use of information provided on the Websites is governed by our terms of use, which are available here. California and E.U. residents may have additional personal information rights and choices. Please see Section 11 (California) and Section 15.A. (E.U.) below for more information.

7. Your Security.

7.1 We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access.

7.2 Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Websites, any transmission of Personal Information is at your own risk. We cannot guarantee that such information will not be intercepted by third parties and we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism and we are not responsible for circumvention of any privacy settings or security measures contained on the Websites.

8. Links to Other Websites.

8.1 While visiting the Websites, you may link to websites operated by third parties or you may have come to the Websites using a link found in another website. This does not mean that we endorse these website(s) or the goods or services they provide. We do not make any representations or warranties about any website(s) that may be linked to the Websites. Such other website(s) are independent from us, and we have no control over, or responsibility for their information, products or activities.

8.2 In addition, our privacy practices may differ from those of these other website(s). If you provide Personal Information at one of those website(s), you are subject to the privacy policy of the operator of that website(s), not our Privacy Policy. Please make sure you understand any other website’s privacy policy before providing Personal Information.

9. Opt-Out.

9.1 You may opt out of: (a) receiving email communications such as email newsletters and promotional emails by following the instructions provided at the bottom of each email, clicking the “unsubscribe” button at the bottom of emails we sent you; and/or (b) receiving promotional email communications and newsletters by emailing us at info@id-systems.com, ATTN: PRIVACY. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving Websites communications will not affect your receipt of service-related communications such as payment confirmations.

9.2 You can opt out of accepting cookies or disable them from your browser. The Help function on most browsers contains information on how you can set your browser to notify you before accepting cookies or can disable them entirely. If you opt out of cookies, you will not be able to take advantage of various features of the Websites that are available to other users. For example, we may use cookies to recognize you by name when you return to this site so you don’t have to login again and provide your password.

9.3 If you have provided their cell phone number to us you and you prefer not to receive text or wireless promotional communications on your mobile device, you can opt out by replying STOP or by writing us at info@id-systems.com, ATTN: PRIVACY.

9.4 You may ask us to delete your Personal Information from our system, however, because we archive and keep track of past transactions, you cannot delete information associated with past transactions or archived information on the Websites. Please also update your Personal Information if it changes.

9.5 You understand it may be impossible to delete Personal Information entirely because of backups and records of deletions. If you wish to delete your Personal Information previously provided to us, you may send your request to us at info@id-systems.com, ATTN: PRIVACY and indicate in the body of your communication your request.

9.6 If you do not receive a response from us to any emails you send to us within ten (10) business days, please send us another email as your original email may not have been received.

10. Children.

We do not permit persons under 18 years of age to use the Websites, and we do not knowingly collect, use or disclose Personal Information from anyone under 18 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 18, we will make reasonable efforts to delete such information from our records.  If you believe we might have any information from or about anyone under 18, please contact us at privacy@Powerfleet.com

11. Your California Privacy Rights.

11.1 If you are a California resident, California law may provide you with additional rights regarding our use of your personal information, and additional information is provided in the charts below.  California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@Powerfleet.com or write us at: I.D. Systems, Inc., ATTN: Privacy, 1225 M. King, Wilmington, DE 19801. You should put the statement “Your California Privacy Rights” in the body of the request for faster processing and state the name of our website with respect to which you are requesting the information as well as your name, street address, city, state, and zipcode.

11.2 Information Collected

The Websites have collected the following categories of Personal Information from its users within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	YES
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

Additional information is provided in Sections 15.A.2–.3 of this Privacy Policy.

11.3 Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

• Service providers.
• Purchase fulfillment service providers.
• Payment processing service providers.

11.4 Disclosures of Personal Information for Business Purpose

In the preceding twelve (12) months, Company [has not disclosed Personal Information for a business purpose/has disclosed the following categories of Personal Information for a business purpose:

• [Category A: Identifiers.]
• [Category B: California Customer Records personal information categories.]
• [Category D: Commercial information.]
• [Category F: Internet or other similar network activity.]
• [Category G: Geolocation data.]

We disclose your personal information for a business purpose to the following categories of third parties:

• Service providers.
• Service providers.
• Purchase fulfillment service providers.
• Payment processing service providers.
• [OTHER THIRD-PARTY CATEGORY, SUCH AS DATA AGGREGATORS].

11.5 Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

11.6 Right to Access and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (i) sales, identifying the personal information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

11.6 Deletion Request Rights

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

11.7 Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at +1 866.410.0152.
• Visiting www.powerfleet.com
• Emailing us at privacy@Powerfleet.com.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.  You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

11.8 Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

11.9 In addition, please note the following:
(a) Users can visit the Websites anonymously;
(b) We will add a link to this Privacy Policy on our home page, or at a minimum, on the first significant page after entering the Websites;
(c) Our Privacy Policy link includes the word “Privacy” and can be easily be found on the page specified above;
(d) We allow the collection of users’ behavioral tracking (but not Personal Information) by third parties. We do not authorize the collection of Personal Information on the Websites by third parties.

12. Disclosure for Legal Purposes.

You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of fraud, improper or illegal conduct in connection with the Websites, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.

13. Non-Confidential Information.

We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

14. Assignment.

We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder.

15A. Your E.U. Privacy Rights

15A.1.  Contact Details.  We welcome your feedback about your Personal Information, and you may send any questions, comments, or requests to our nominated representative [and Data Protection Officer] ________, who can be contacted at privacy@Powerfleet.com.

15A.2.  Information Collected.  The information we collect is described in Sections 2–5 and 11.2 of this Privacy Policy, and this information includes identity data, contact data, financial data, transaction data, technical data, profile data, usage data, and and marketing and communications data, which are described further below.  We also collect, use and share aggregated data, such as statistical or demographic data, for any purpose. Such aggregated data may be derived from your personal data but is not considered Personal Information as this data does not directly or indirectly reveal your identity.

• Identity Data includes information such as: first name, last name, title, date of birth, occupation, and personal description.
• Contact Data includes information such as: email address, billing address, delivery address, location, country, telephone number, and social media name (if you log in by social media).
• Financial Data includes information such as payment card details and bank account information.
• Transaction Data includes information like the details of your purchases, fulfillment information for your orders, and correspondence or communications with you regarding orders.
• Technical Data includes information such as: details of the devices you use to access our services, your internet protocol address, login data, your username and password, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform.
• Profile Data includes information such as: purchases or orders made by you, product and style interests, preferences, feedback, and survey responses.
• Usage Data includes information such as: how and when you use our Websites, how you moved around or between our Websites, what you searched for, performance statistics, and details regarding any other of our products and services used by you.
• Marketing and Communications Data includes information such as your preferences in receiving marketing from us and our third parties and your communication preferences.

15A.3.  Collection and Use.  The ways we collect Personal Information are established are described in Sections 2–5 and 11.2 of this Privacy Policy. As noted in this Privacy Policy, your Personal Information is used by to support a range of different activities. These activities are summarized in the table below together with the types of data used and the legal bases we rely on when processing them, including where appropriate, our legitimate interests. We may process your Personal Information using more than one lawful basis, depending on the specific activity involved. Please contact us if you have any questions about the specific legal ground we are relying on to process your Personal Information.

Purpose/Activity	Type of Data	Lawful Basis
To create an account and register you as a customer.	§  Identity§  Contact	§  Performance of a contract with you
To process and fulfill your order including: storing your order details; keeping you informed about the order status; process payments and refunds, collect money owed to us; and automated decision making to assist fraud prevention and detection.	§  Identity§  Contact§  Financial§  Transaction	§  Performance of a contract with you§  Necessary for our legitimate interests (business operations)§  For automated decision making, fraud detection and prevention is in our legitimate interests (business operations, verification of identity, and impact of fraud on consumer and marketplace)
To manage our relationship with you, including: providing you with any information, products and services that you request from us; notifying you about changes to our services, terms and conditions or privacy notice; asking you to leave a review or take a survey.	§  Identity§  Contact§  Profile§  Marketing and Communications	§  Performance of a contract with you§  Necessary for our legitimate interests (to keep our records updated and to study how customers use our products and services)
To administer, protect and improve our business and our Websites, including: troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data; setting default options for you, such as language and currency.	§  Identity§  Contact§  Profile§  Technical§  Transaction§  Marketing and Communications	§  Necessary for our legitimate interests (business operations and fraud detection)§  Necessary to comply with a legal obligation
To deliver relevant digital content, online advertisements and information for you; and measure the effectiveness of the advertising provided.	§  Identity§  Contact§  Profile§  Usage§  Marketing and Communications§  Technical	§  Necessary for our legitimate interests (customer research and marketing development; business marketing strategy; business analysis)
To use data analytics to improve our website, products, services, marketing, customer relationships and experiences; and for market research, statistical and survey purposes.	§  Technical§  Usage	§  Necessary for our legitimate interests (customer research and marketing development; business marketing strategy; business analysis)
To recommend products, services discounts and offers that may be of interest to you.	§  Identity§  Contact§  Technical§  Usage§  Profile§  Marketing and Communications	§  Necessary for our legitimate interests (business operations; marketing; product development and research)§  Consent
To inform or remind you by email of any task carried out via our website which remains uncompleted, such as incomplete orders or abandoned baskets.	§  Identity§  Contact§  Usage	Necessary for our legitimate interests (to improve the shopping experience of our customers)

15A.4.  Information Sharing.  The ways in which we share your Personal Information are described in Sections 2–5 and 11.3 of this Privacy Policy.

15A.5.  Duration.  We will keep your Personal Information for no longer than is necessary for the purpose(s) it was provided for and to meet our legal obligations.  In many instances, we do not delete your Personal Information because you have consented to the storage for account maintenance and convenience.  Further details of the periods for which we retain data are available on request.

15A.6.  Data Transfer.  The Personal Information we collect from you may be transferred to, and stored at, destinations outside the European Economic Area (“EEA”) using legally-provided mechanisms to lawfully transfer data across borders. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. We will take all steps necessary to ensure that your data is treated securely and in accordance with this privacy notice.  Whenever we transfer personal data outside the EEA, we will ensure a similar degree of protection is afforded to it by ensuring appropriate safeguards, as required by law, are in place. This may include using specific contractual clauses approved by the European Commission which give personal data the same protection as it has in Europe. More information about these is available here https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32010D0087.  Please contact us if you want further information on the countries to which we may transfer personal data and the specific mechanism used by us when transferring your personal data outside the EEA.

15A.7.  Right to Request Access to Your Personal Data. You have the right to obtain a copy of the Personal Information we hold about you and certain information relating to our processing of your personal data.  If you wish to exercise this right, please email us at privacy@Powerfleet.com.

15A.8.  Right to Request Correction of Your Personal Data.  You may have your Personal Information corrected if it is inaccurate or incomplete.  You can update your information at any time by logging into your account and updating the available information directly or by emailing us at privacy@Powerfleet.com.

15A.9.  Right to Request Erasure of Your Personal Data. You may request that we delete your Personal Information, where there is no good reason for us continuing to process it. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. If you wish to exercise this right, please email us at privacy@Powerfleet.com.

15A.10.  Right to Request Restriction of Processing of Your Personal Data.  In some circumstances, you have a right to ask us to suspend the processing of your Personal Information (for example, when establishing the accuracy of the data, pending objections to our use of your data). Where processing is restricted, we are allowed to retain sufficient information about you to ensure that the restriction is respected in future. If you wish to exercise this right, please email us at privacy@Powerfleet.com.

15A.11.  Right to Request Transfer of Your Personal Data.  You have the right to obtain a digital copy of certain Personal Information or request the transfer of certain Personal Information to another company. This right only applies to automated data which you initially provided consent for us to use or where we used the data to perform a contract with you.  If you wish to exercise this right, please email us at privacy@Powerfleet.com.

15A.12.  Right to Object to Processing of Your Personal Data. You have the right to object to the processing of your Personal Information where we believe we have a legitimate interest in processing it (as explained above). You also have the right to object to our processing of your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your data that override your this right. If you wish to exercise this right, please email us at privacy@Powerfleet.com.

15A.13.  Right to Request human intervention for automated decision making and profiling.  You have the right to request human intervention where we are carrying out automated decision making when processing your Personal Information. This form of processing is permitted where it is necessary as part of our contract with you, providing that appropriate safeguards are in place or your explicit consent has been obtained.  We will try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. We may need to request specific information from you to help us confirm your identity and ensure your right to exercise any of the above rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. If you wish to exercise this right, please email us at privacy@Powerfleet.com.

15A.14.  Right to Lodge a Complaint.  If you have any concerns or complaints regarding the way in which we process your Personal Information, please email us directly at privacy@Powerfleet.com. You also have the right to make a complaint to the relevant local data protection authority. We would, however, appreciate the chance to deal with your concerns before you lodge a formal complaint, so please do contact us in the first instance.

15B. International User Notice.

For users outside of the United States and the European Union, please note that it may be necessary to transfer your information internationally and, in particular, your information may be transferred to and processed in the United States. Please be assured that we take steps to ensure that your privacy is protected as described in this Privacy Policy. By using the Websites, you agree to have your information used and transferred to the United States as set forth in this policy.

16. Disputes.

Any disputes arising out of or regarding this Privacy Policy are subject to our Terms of Service and will be governed by the laws of the State of New York, applicable to agreements made and performed in New York. Except where prohibited by law, you further agree that (1) any and all disputes and causes of action arising out of this Privacy Policy shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Judicial Arbitration and Mediation Services, Inc. [“JAMS”] and held at the JAMS regional office located in New York, New York. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

All disputes between you and I.D. Systems will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of I.D. Systems or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either I.D. Systems or you pursuant to the following conditions:

(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or near Wilmington, Delaware.

(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, with I.D. Systems remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.

(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.

(h) Subject to the requirement for arbitration hereunder, in any action arising out of or relating to this Privacy Policy, the laws of the State of Delaware shall be applied, without regard to choice of laws.

(i) Class Action Waiver. The parties further expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and I.D. Systems shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

17. Contact.

Under certain circumstances you have a right to rectification, blocking and deletion of your stored personal data. If you would like to make such a request and/or you have any questions about your privacy or security at the Websites, or wish to update your Personal Information, please send an email to info@id-systems.com, ATTN: PRIVACY or write to us at I.D. Systems, Inc., 123 Tice Blvd., Suite 101, Woodcliff Lake, NJ 07677, ATTN: Privacy, and include your name, mailing address and email address in the message.  You may also contact us through our website at id-systems.com or call us toll-free at +1 866.410.0152.

18. Update Information

DATE LAST MODIFIED: October 04, 2019