Version Date: September 27, 2019
This Policy is part of the POLTE Terms of Service, and is incorporated by reference therein.
Acceptance of the POLTE Terms of Service is also an acceptance of this Policy.
Your use of the POLTE SaaS may be governed by the privacy and use policies of third parties, for example a wireless carrier. Your POLTE enabled device sends non-personally identifiable information to the POLTE SaaS, and from which the location of the POLTE enabled device is determined. That transmission may be governed by the privacy and use policies of a wireless or other carrier. This POLTE Policy does not amend or abridge such third party privacy or use policies.
2. Overview of the POLTE SaaS
So that you can better understand the POLTE SaaS, and how and why data collection is important to the provision of the SaaS, below is a brief description of the main types of products and services offered by POLTE.
The POLTE SaaS is intended to track and locate things through the use of connected devices, also known as the Internet of Things (IoT). The POLTE SaaS is not intended to track people without their express consent. Tracking persons without their consent may violate applicable law. You acknowledge and agree that you will not use the POLTE SaaS to track people without their express consent. POLTE may terminate your use of the SaaS if we reasonably believe that you are using the SaaS in violation of this intention.
Location Determination: POLTE offers APIs to access and use our SaaS CLOC technology platform that may be used to calculate the approximate geographic location of a POLTE enabled IoT device. The POLTE API allows a user of the POLTE SaaS to view and display geographic locations of the enabled device over time, when used in conjunction with a mapping program. POLTE may, but is not required to, also provide a mobile application for viewing location of an enabled device. The POLTE CLOC SaaS geolocation technology determines the location of an enabled device by utilizing certain cell tower information sent from the device to the POLTE SaaS. This information is then processed on POLTE’s servers to calculate and return the approximate geolocation (i.e., latitude/longitude) of the enabled device. We may also assign a unique hashed device identifier to location requests. The information sent from the enabled device to the POLTE SaaS is not personally identifiable information, but may contain a unique identifier of an enabled device.
3. Information Collected by POLTE using the POLTE SaaS
- When users use the POLTE SaaS, POLTE may (but does not necessarily) collect data that includes the following:
- Precise geolocation information (latitude/longitude);
- The IMEI of your enabled device;
- Information regarding the identity (e.g., Cell ID) of cell towers in proximity to an enabled device, along with certain wireless signal measurements;
- IP Address of a requesting device;
- A unique hashed device identifier (but not an IMEI or MAC Address) assigned to location requests;
- Time that a device is detected at a given location;
- Sensor information such as barometric pressure, accelerometer measurements, gyroscope measurements, device orientation, magnetic field measurements, direction of travel, motion activity (e.g. walking), or other similar sensor measurements;
- General information about the enabled device, including the device manufacturer, model, platform or operating system, time zone, network status (connected to wireless network, etc.), timestamp and other similar information.
- Your account information, which includes your name, at least one enabled device identifier (an IMEI) and at least one means of contacting you in order to provide customer support and for notices (address, phone number, or both)
4. Information Obtained from Partners and Collected by Partners
POLTE does not currently, but may in the future, also receive information from our Partners, which may include systems integrators, device vendors, and application developers/publishers. These Partners may deliver software and services, and through them, we may receive certain geolocation information
(latitude/longitude), usually including a unique identifier or device ID (IDFA for iOS, the Android ID for Android devices or a hashed partner ID), a time stamp, and (in some cases) an IP address.
Our Partners may be responsible for charging you for use of the POLTE SaaS. Data or information provided to a Partner for billing purposes is not collected or stored by POLTE. POLTE will store account information and may receive current status regarding that account from our Partners (e.g. paid, suspended, etc.). In certain limited circumstances, POLTE may send manual bill(s) to you or the organization with which POLTE has a relationship (for example, your employer). In those limited circumstances, POLTE will bill according to actual use of the POLTE SaaS.
5. How We May Use Information
In general, POLTE uses the information collected in order to operate, maintain and deliver the POLTE SaaS, and to develop new products, services or datasets. In particular, POLTE may use the information generated or collected as follows:
- To improve the quality, accuracy and precision of POLTE’s SaaS location database by adding or refining the location of cell towers from which POLTE determines a device location;
- To assist in the display of the location of enabled to devices to you, on either a real time basis or over a period of time by providing a latitude, longitude and confidence ring of location for an enabled device;
- To infer relationships and linkages between enabled devices and location, such as a relationship between or an IMEI to a particular building, address or location;
- To offer anonymized and aggregated data to market research, and business intelligence or information products to third parties.
6. Data Retention and Data Security
Data Retention: For all enabled device transmitted data (i.e., information sent from the enabled device to the POLTE SaaS), POLTE will retain such data. The data transmitted from the enabled device, which may contain a device ID, may be aggregated and anonymized for statistical purposes, to improve and maintain our SaaS, and stored indefinitely. POLTE will store your account data, provided by you, until your use of the SaaS is terminated plus two years. POLTE will not retain sensor data beyond our reporting of that information to you (you may, however, choose to store that information).
Data Security: POLTE is committed to protecting the security of information that is collected by its technology. We follow generally accepted industry standards to protect the information submitted to us by enabled devices, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of all information.
7. How We May Share Information
- POLTE may share information that we collect from our Location Services or obtain via partners as follows:
- With our customers to provide our CLOC SaaS, including location determination, temperature, pressure, acceleration or other information associated with sensors associated with an enabled device;
- With other companies to provide data analysis, location-based action and insights;
- With third party market research and information companies, to create anonymous data, market research, business intelligence or information products which analyze and monitor location behavior;
- With agents, vendors or service providers that help POLTE to process the data or operate our business;
- To comply with legal requirements or to respond to a subpoena, search warrant or other legal process or government request received by POLTE, whether or not a response is required by applicable law;
- When POLTE believes in good faith that disclosure is necessary, in our sole discretion, to protect our legal and contractual rights or the safety of others or to investigate fraud;
- If POLTE is involved in a merger, acquisition, or sale of all or a portion of our assets, in which case users will be notified via a prominent notice on our Web site of any change in ownership or uses of the information; or
- Where you have granted us permission.
Except as described in this Policy, POLTE will not share any information that is collected by the POLTE SaaS with third parties.
9. Children’s Privacy
The POLTE SaaS is not developed or intended for persons under 13 years of age. We do not knowingly solicit or collect any personally identifiable information including from children under the age of 13, nor do we knowingly market our Services to children under the age of 13.
10. Cross-Border Transfers
POLTE is a global organization, with legal entities, business processes, and technical systems that operate across borders. The information we collect is stored and processed on servers located in the United States. We may transfer information that is collected to affiliated entities, or to other third parties across borders and to other locations around the world. Use of the POLTE SaaS constitutes consent and agreement to the transfer of the information described in this Policy to locations that may be outside of the country in which you live, and such places may be in the United States, within one or more European countries, and/or in one or more countries within Asia.
11. Your California Privacy Rights (For California Residents Only)
Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of customers’ personal information with third parties. These businesses are required to accept requests for disclosures of these policies from customers but are only required to honor one request per calendar year. Businesses have thirty (30) days to respond to each inquiry to the designated address. Each inquiring customer will receive an explanation of the categories of customer information shared and the names and addresses of any third-party businesses. In limited circumstances, customers’ failure to submit requests in the manner specified will not require a response from the business.
If you are a California resident, you may request such information from us by sending a letter to the address listed below. In your letter, please provide your name, address and email address, as well as a request that we provide such information to you, by using the following or similar language, “I request that POLTE provide its third-party information sharing disclosures required by section 1798.83 of the California Civil Code.”
Attn: California Privacy
15301 North Dallas Pkwy, Suite 125, Addison, TX 75001
12. Updates and Changes to this Policy
As of May 25, 2018, with respect to individuals in the European Union, the European Economic Area and Switzerland who use the POLTE SaaS, the following policies, clarifications and rules also apply.
“Personal Data” means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of such natural person.
“Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Purposes and Legal Bases for Processing Personal Data
POLTE processes data for the purposes as set forth in this Policy, including to make the POLTE SaaS available for use by our customers. To fulfill these purposes, POLTE may access information, which may include Personal Data, to provide the POLTE SaaS, to improve the POLTE SaaS, to develop additional products or features, or in response to contractual requirements. Please see the sections above for additional details on how we collect, use, disclose and share data, make automated decisions and retain data, including Personal Data.
In general, the lawful bases for POLTE’s Processing of Personal Data are: (i) informed consent, including as obtained via partners through contractual requirements and/or established consent frameworks or (ii) any other applicable legal bases, such as our legitimate interest in and compliance with industry practices.
In particular, with respect to processing, retention and use of any device-identified location data which may constitute Personal Data (i.e., location history that is associated with an IMEI or another persistent Device ID, hashed or otherwise – as opposed to data which is aggregated and not able to associated with any particular device), POLTE relies upon the informed consent of the end user, as received through our customers and partners.
With respect to the collection of the approximate location of wireless cell site information (cell site identifier, cell site specific information, and location-related information), if any, POLTE relies upon legitimate interest as a basis for collection and processing.
The foregoing statements of legal bases for processing are intended to be non-exhaustive, and do not preclude POLTE’s reliance on additional legal bases either now or in the future.
Additional Rights for Individuals in Europe
You may have one or more of the following additional rights available to you:
Access. With the exception of customer account information (voluntarily provided by you in order to use the POLTE SaaS), which you acknowledge and agree is true and correct, POLTE does not maintain any information regarding names, e-mail addresses, home addresses, or payment information, nor do we attempt to link any location data to such fields. Accordingly, while you may request a copy of the Personal Data we have collected from you by contacting us at support@POLTE.com, you must provide your account number and name in order for POLTE to locate any information that might constitute Personal Data.
Objection / Opt-Out / Erasure. To object to or correct Personal Data about you (e.g., online identifiers such as an Advertising ID or IP Address) being Processed for direct marketing purposes, if any, you may contact us at support@POLTE.com. In addition, as described above, you may directly opt-out from POLTE’s use of certain online device identifiers (including MAC Address, or IP Address), by visiting our opt-out page available here. If you object to POLTE’s use of the IMEI, you must cease using the POLTE SaaS. In general, upon receipt of an opt-out request, within a reasonable time period, POLTE will delete any collected data about any objected-to online identifier from POLTE’s database, and quarantine the identifier so that POLTE does not collect any future data or share any information about the online identifier.
Right to Lodge a Complaint with a DPA. If you believe our Processing of Personal Data about you is inconsistent with the applicable data protection laws, to lodge a complaint with your local supervisory data protection authority (“DPA”).
To exercise any of the above-listed rights (with the exception of the right to lodge a complaint with a DPA, which you may do directly to a DPA), please contact us at support@POLTE.com. We will process any requests in accordance with applicable law and within a reasonable period of time. We may need to verify your identity before processing your request.
POLTE may be required to disclose Personal Data in response to lawful requests by public authorities, including disclosures necessary to meet national security or law enforcement requests or requirements, or pursuant to judicial orders, subpoenas, or similar legal process.
14. Privacy Questions / Contact Information
If you have any questions, concerns or a complaint regarding our privacy practices, or if you’d like to exercise your choices or rights, you can contact us:
- By mailing to POLTE, Attn: Privacy, 15301 North Dallas Pkwy, Suite 125, Addison, TX 75001
We will make every effort to resolve your concerns.