Last Updated: September 5, 2016
“Personal Information” or “Information” means information that (1) is transferred from the EEA to the United States; (2) is recorded in any form; (3) is about, or pertains to a specific individual; and (4) can be linked to that individual. Our definition of Personal Information does not include “aggregate” information, information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information. Aggregate information is data we collect about a group or category of services or customers, from which individual identities have been removed.
Compliance with EU-US Privacy Shield Principles
When Airbiquity receives Customer Data, we are acting as third-party processor and do not provide notice to individuals regarding the collection and use of their personal data. Our clients remain responsible for providing notice, if and to the extent they believe such notice is necessary under applicable law. If Airbiquity were to have direct control or ownership of personal data from individuals in the EEA and Switzerland, it will inform the individuals about the purposes for which it collects and uses Personal Information about them, the types of non-agent third parties to which Airbiquity discloses that information, and the choices and means, if any, Airbiquity will offer individuals for limiting the use and disclosure of their Personal Information. In such circumstances, notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information to Airbiquity, or as soon as practicable thereafter, and in any event before Airbiquity uses the information for a purpose other than that for which it was originally collected.
Accountability for Onward Transfers
Airbiquity recognizes potential liability in cases of onward transfer of Personal Information to third parties. Airbiquity does not transfer Customer Data to unrelated third parties, unless lawfully directed by a client, or in certain limited or exceptional circumstances in accordance with the EU-U.S. Privacy Shield Framework. For example, such circumstances would include disclosures of Personal Information (a) if required by a subpoena or other judicial or administrative order, (b) where required by law, to meet national security or law enforcement requirements, or (c) at our sole discretion, where we deem it necessary to protect the safety of any individual or the general public. If Airbiquity ever were to engage in any onward transfers of Personal Information with third parties other than agents, Airbiquity would provide the individual with an opt-out choice to limit the use and disclosure of the Personal Information.
Personal Information is accessible only by those Airbiquity employees and consultants who have a reasonable need to access such information in order for us to fulfill contractual, legal and professional obligations. All of our employees and consultants have entered into strict confidentiality agreements requiring that they maintain the confidentiality of Personal Information. In the event Airbiquity goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, Personal Information may be among the assets transferred. Clients and customers will be notified via writing or prominent notice on our website of any such change in ownership or control.
Airbiquity employs appropriate physical, electronic and managerial procedures to protect from loss, misuse, unauthorized access or disclosure, alteration or destruction of Personal Information under our control. Although we make good faith efforts to store the information collected by Airbiquity in a secure operating environment that is not available to the public, Airbiquity cannot guarantee complete security or the security of any information transmitted via the Internet or telecommunications networks.
Access and Enforcement
Airbiquity acknowledges an individual’s right to access their Personal Information and allow the individual to correct, amend or delete inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated. An individual who seeks access to, or who seeks to correct, amend, or delete inaccurate data, should direct his or her request or questions to the appropriate Airbiquity client (the data controller). If the client or customer requests Airbiquity to access or delete an individual’s personal data, Airbiquity will respond to that request within 30 business days.
Airbiquity has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
Airbiquity is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
US Swiss Safe Harbor
Airbiquity has further committed to refer unresolved privacy complaints under the US-Swiss Safe Harbor to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.