Privacy Notice

LifeSafer (“we,” ”our”) provides ignition interlock systems and related services to clients participating in ignition interlock programs (each a “Program” and collectively the “Programs”) administered by third parties. The ignition interlock system (the “System”) and related services (“Services”) we provide are described in the Program Service Agreement and associated Terms and Conditions that each client signs.

We must collect, store, use, and disclose certain personal identifying information (“PII”) about clients in order to provide the System and Services they request. This Privacy Notice and the attached Interlock Privacy Policy describes the ways we collect, use, disclose, and dispose of clients’ PII. Please read each carefully, and ask any questions you have.

Our principles:

We are committed to appropriately protecting our clients’ PII. While no business, including ours, can guarantee absolute privacy and security, we use reasonable measures – given our size and scope, the nature of the PII, and the purpose for which we collect it – to keep this information confidential, accurate, and available to those with a legitimate need for it, and safe from those who should not have access to it.

In order to do this, we use reasonable measures to:

If you have any questions about this Privacy Notice, please contact us at:

LifeSafer

3630 Park 42 Drive, Suite 140C

Cincinnati, Ohio 45241

The PII we collect, and how we use it:

INTERLOCK PRIVACY POLICY

Last Updated: 09/2021

I. SCOPE OF THIS PRIVACY POLICY

This Interlock Privacy Policy (this “Privacy Policy”) describes the types of personal information LifeSafer (“LifeSafer,” “us,” “we” or “our”) collects personal information from Clients (“Client”, “you”), through its provision of the Services (as defined in the Program Service Agreement referencing this Privacy Policy), and how we collect, use, and share that information. Capitalized terms used but not defined herein shall have the meanings assigned to them in the Program Service Agreement to which this Client has agreed. This Privacy Policy governs our collection of personal information through the provisions of the Services. Our processing of personal data, such as your name, address, e-mail address, or telephone number, shall be undertaken consistent with the requirements of applicable privacy laws, including, but not limited to, the General Data Protection Regulation (“GDPR”). The purpose of this Privacy Policy is to provide Clients information about the nature, scope, and purpose of the personal data we collect, use and process and to advise data subjects of their rights. Whether we serve as the data controller or processor, LifeSafer has implemented numerous technical and organizational measures to ensure the protection of personal data processed by us and our affiliates. However, Internet-based data transmissions may in principle have security gaps, so please understand that absolute protection is not assured. By using the Services, you accept and expressly agree to our practices surrounding the collection, use, and sharing of personal information provided by you in the manner described in this Privacy Policy.

II. PERSONAL INFORMATION WE COLLECT

Information You Give Us.  To enable us to provide you with the agreed Services, and in the course of our providing Services to you, you may provide us with the following categories / types of personal information (“Contact Information”):

• Full name
• Birthdate
• Home address
• Home and business telephone numbers (which may be cellular numbers)
• Email address

 We may receive the Contact Information listed above from you and any of the following individuals/entities:

• Administering Authorities (as defined in the Terms and Conditions)
• Client’s closest relative, if necessary to locate Client

We may use the Contact Information listed above for any or all of the following uses:

• To provide Services
• To obtain payment for the System or Services (“Payment”)
• To locate client
• To send client marketing information
• To report to or communicate with Administering Authorities
• To report to or communicate with other governmental, law enforcement, and judicial authorities, and other persons or entities, as we reasonably believe is necessary to provide Services or carry out Program obligations (“Other Authorities”)

We may disclose the Contact Information listed above to any or all of the following individuals or entities:

• Administering Authorities, to provide Services and fulfill contractual obligations (such as inspection and audit)
• Other Authorities, to provide Services Client’s financial institution to obtain Payment
• Third parties (including our vendors), as needed to provide Services, service or maintain the System, locate client, and/or obtain Payment

In the course of our providing services to you, you may provide us with your social Security Number (“SSN”). We will not purposefully collect your SSN from any other source, however, your SSN may be included in information we receive from Administering Authorities. We will use your SSN only to locate you and/or to obtain Payment, and only when applicable law does not prohibit such use.

We may disclose your SSN to:

• Administering Authorities, to provide Services and fulfill contractual obligations (such as inspection and audit)
• Other Authorities, to provide Services
• Client’s financial institution, to obtain Payment
• Third parties, as needed to locate client and/or obtain Payment

In the course of our providing Services to you, you may provide us with your Driver’s license number, vehicle identification number (“VIN”), and vehicle license plate number (collectively “Vehicle and License Information”). We may collect Vehicle and License Information from you or from Administering Authorities.

We will use Vehicle and License Information to:

• to provide Services to you
• to report to or communicate with and/or report to Administering Authorities and with Other Authorities, as required by law or court order,

We may disclose the Vehicle and License Information listed above to any or all of the following individuals or entities:

• Third parties (including our vendors), as needed to provide Services, or service or maintain the System
• Administering Authorities, to provide Services and fulfill contractual obligations (such as inspection and audit)
• Other Authorities, to provide Services

In the course of our providing Services to you, you may provide us with your credit card and/or debt card number (“Payment Information”). We will collect Payment Information only from you and will use this information only to obtain Payment. We may disclose Payment Information to any or all of the following individuals or entities:

• Client’s financial institution, to obtain Payment
• Third-party service providers, to process Payment

In the course of our providing Services to you, we may obtain information regarding your vehicular accidents, driving violations, and driver’s status (“Driving Information”). We will obtain Driving Information from Administering Authorities. We will use Driving Information to:

• provide Services
• report to or communicate with Administering Authorities
• report to or communicate with Other Authorities

We may disclose Driving Information to:

• Administering Authorities, to provide Services and fulfill contractual obligations (such as inspection and audit)
• Other Authorities, to provide Services

Finally, in the course of our providing Services to you, we may obtain the following information (“System Information”), all of which is generated by the System and sent to us when downloaded/other method]:

• information collected, monitored, stored, downloaded, and reported by the System installed in the client’s vehicle, including
  • the client’s breath alcohol concentration,
  • photographs (if the System is camera-enabled),
  • GPS data (if the System is camera-enabled),
  • information related to inspection of the System

We may use System Information to:

• provide Services
• report to or communicate with Administering Authorities
• report to or communicate with Other Authorities

We may disclose System Information to:

• Administering Authorities, to provide Services and fulfill contractual obligations (such as inspection and audit)
• Other Authorities, to provide Services
• Comply with applicable law

III. OTHER WAYS WE USE PERSONAL INFORMATION

LifeSafer shares the information we collect with Administering Authorities pursuant to court order and/or applicable Law. LifeSafer complies with its obligations under applicable privacy laws by keeping personal data up to date where needed based on the purposes for which the personal data is being processed; by not collecting or retaining excessive amounts of data; by ensuring that appropriate technical measures are in place that are designed to protect personal data from loss, alteration, misuse, unauthorized access and disclosure as it is transmitted, stored, or otherwise processed, and by using appropriate measures to securely destroy personal data when it is no longer needed by LifeSafer or an Administering Authority.

In addition to the uses described above, personal information collected by us may be used by us and our affiliates for purposes of:

• Responding to your questions and feedback;
• Contacting you, whether by email, postal mail, or telephone 
• Other purposes as you may authorize at the time you submit the information;
• Auditing, research, and analysis to maintain, protect, and improve the Services
• Ensuring the technical functions of our network;
• Developing new products and Services; or
• Compiling personal information and other information collected through the Site on an aggregate basis.

IV. PERSONAL INFORMATION WE SHARE

In accordance with Section 6 of the Terms and Conditions, pursuant to which you authorize and direct us to share Client Information or any portion thereof (as defined in the Terms and Conditions) with Administering Authorities, we will share Client information with Administering Authorities.

Except in connection with providing your information to an Administering Authority, we do not sell, rent, trade, or otherwise share information collected through the Services, except as described below:

Subsidiaries and Affiliates. We may share your information with our subsidiaries and affiliates for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes.

Service Providers. We work with third parties that provide part of the Services on our behalf. Such Services may include website hosting, marketing, and website usage analytics. We may share personal information and non-personal information with these third parties for the purpose of enabling them to provide these Services.

By Consent. We may share your information in accordance with any consent you provide.

Required by Law. We may disclose personal information or any information collected through this Site if we are required to do so by law or pursuant to legal process, in response to a request from government officials or law enforcement authorities, or as necessary or appropriate in connection with an investigation of illegal activity.

Certain Transactions. We may disclose or transfer your information to third parties who acquire all or a portion of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

V. AGGREGATE INFORMATION

We may compile de-identified personal information and other information collected through the Site on an aggregate basis. This information may include, without limitation, the number of users who have registered for the Site and demographic information about users of the Site. Such aggregate information does not identify you individually. We may use de-identified, aggregate information and share such de-identified aggregate information with governmental authorities and other third parties for any of the purposes specified in this Privacy Policy, and for any other lawful purpose.

VI. YOUR CHOICES

A. Information You Provide. In order to use the Services, you must agree to our collection, use, and disclosure of your information as outlined above. If at any time you no longer wish to allow us to collect, use, and disclose your information you must cease using the System. You acknowledge and agree, however, that all information collected by us while you use the Services may be disclosed to the relevant Administering Authority.

B. Communications From Us. If at any time you decide that you no longer wish to receive notices from us regarding the Site, you may indicate this preference by contacting us at cc.service@lifesafer.com.

C. Your Rights and Your Personal Data. Subject to applicable law or court order, unless an exemption under the GDPR or applicable law applies, you have the following rights with respect to your personal data: The right to request a copy of your personal data which the LifeSafer holds about you; The right to request that the LifeSafer correct any personal data if it is found to be inaccurate or out of date; The right to request your personal data be erased where it is no longer necessary for LifeSafer to retain such data; The right to withdraw your consent to the processing at any time of personal data to which you provided consent for processing; The right to request that LifeSafer provide you with a copy of your personal data and where possible, to transmit that data directly to another data controller (known as the right to data portability); The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction be placed on further processing; The right to object to the processing of personal data (where applicable); and The right to lodge a complaint with an applicable regulatory authority.

D. Transfer of Data Abroad. If your personal data is subject to the GDPR, LifeSafer will transfer personal data from the European Economic Area (EEA) to a location outside the EEA only when there has been a documented adequacy determination, or where LifeSafer has confirmed adequate privacy protections. If LifeSafer transfers personal data to a third party acting as an agent of LifeSafer, we will also obligate the third party to have adequate privacy protections in place. LifeSafer may transfer personal data to and on behalf of clients and third parties with whom LifeSafer has an existing service agreement or as part of our legal obligations, each of which shall be subject to LifeSafer policies, shall have agreed to abide by the terms of GDPR, and only to the extent necessary for purposes of legitimate interests pursued by the data controller (or by a third party).

E. Automated Decision Making. Under the GDPR, data subjects have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent. Unless otherwise stated in the Agreement, we do not engage in automated decision making.

F. Further Processing. If we wish to use your personal data for a new purpose, not covered by this Privacy Policy, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.

VII. INFORMATION STORAGE AND SECURITY

We employ reasonable security precautions to help protect against the loss, misuse, and alteration of personal information provided on or through the Site. However, no method of transmitting or storing data is completely secure. As a result, although we strive to protect personal information about you, we cannot guarantee the security of any information you transmit to us through or in connection with the Site. If you have reason to believe that personal information is no longer secure, please notify us immediately by contacting us in accordance with the last section below.

VIII. A SPECIAL NOTE ABOUT CHILDREN AND CALIFORNIA RESIDENTS

Children are not eligible to use the Site, and we ask that minors (children under the age of 16) not submit any personal information to us. If you are a minor, you can use the Site only in conjunction with your parents or guardians.

If you are a California resident, you have the right, pursuant to Section 1798.83 of the California Civil Code, to receive once a year, free of charge: (1) information identifying each third party company to whom we may have disclosed, within the past year, personal information pertaining to you for that company’s direct marketing purposes; and (2) a description of the categories of personal information disclosed to that third party company in the immediately preceding calendar year. If you are a California resident and would like to make this request, please call 1.888.207.4588. In addition, please refer to the Section of this Privacy Policy entitled “Information Collection & Use.”

Additionally, the California Consumer Privacy Act of 2018 (“CCPA”) provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

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), 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:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

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), 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 provider(s) 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, 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.

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.

IX. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

The data collected through the Services is stored in the United States. All matters relating to the Services are governed exclusively by the laws of the State of Ohio in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.

X. UPDATES TO THIS PRIVACY POLICY

We may modify the Services or change or update any of our policies and procedures without prior notice, except that if any changes are likely to have an adverse impact on your rights under data protection law, we will use reasonable efforts to notify you of the changes in advance in writing or by post mail, and, where required, obtain your consent to our activities. We will [post a notice on our website to advise you of any significant changes to this Privacy Policy and] indicate via the “Last Updated” legend in this Privacy Policy when it was most recently updated. Except to the extent that your express consent to any change or update is required under data protection law, your continued use of the Services signifies your continued assent to the terms of this Privacy Policy, as updated or amended at that time.

XI. QUESTIONS REGARDING THIS PRIVACY POLICY

If you have any questions or comments regarding this Privacy Policy, please send us an email at cc.service@lifesafer.com. If your personal data is subject to the GDPR, CCPA, or other US state law requiring identification of a data controller, the data controller for the purposes of CCPA, other US state law, and GDPR or other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

LifeSafer Legal Department

Attn: Copyright Agent

3630 Park 42 Dr, Suite 140C

Cincinnati, OH 45241

Email: legal@lifesafer.com

Any data subject may, at any time, contact us directly with any questions and suggestions concerning data protection. We encourage interested persons to raise any concerns about the collection, use, or processing of personal data using the contact information provided above. In the event of a privacy related issue or complaint, we will investigate and attempt to promptly resolve any complaints and disputes regarding use and disclosure of personal data. For complaints that cannot be resolved, if your personal data is subject to the GDPR, we commit to cooperating with the panel established by the EU data protection authorities (DPAs) or the Swiss Federal Data Protection and Information Commissioner (FDPIC), as applicable, and comply with the advice given by the DPAs or FDPIC about personal data transferred from the EU or Switzerland. In order to facilitate the handling of complaints, individuals in the EU can choose to contact their national DPA or use the form located at this link: http://ec.europa.eu/newsroom/document.cfm?doc_id=42962 Individuals in Switzerland can contact the Swiss FDPIC by visiting: https://www.edoeb.admin.ch/edoeb/de/home.html This independent dispute resolution process is provided at no cost to the individual.