NC4 enters into contracts with its Clients (as defined below) that specify the terms and conditions under which NC4 will provide its Services to Clients and their authorized Users. As such, NC4 takes its direction with respect to Users' Personal Information from the Client.
Because privacy is critical to its Clients and their authorized Users, NC4 collects only certain Personal Information that is necessary to provide its Services in the course of its business. NC4 takes these activities seriously and strives to collect, use, safeguard, and disclose Personal Information in a manner consistent with the laws of the countries in which it does business.
This Policy does not apply to: (i) unsolicited information delivered to NC4 in any form, (ii) websites or articles or other information owned by or created by other entities and that are linked to on NC4's website or within the Services, (iii) information delivered to NC4 by fax, email, manually or through off-line requests, or (iv) other information received by NC4 apart from its standard subscription service offerings.
The following definitions shall apply throughout this Policy:
"Agent" means any third party that collects or uses Personal Information under the instructions of, and solely for, NC4 or Client or to which NC4 discloses Personal Information for use on NC4's behalf. Agent includes, but is not necessarily limited to, third-party service providers and administrators or insurers and their respective third-party providers (e.g., security or emergency assistance providers).
"Client" means an agency, corporation, or other entity which contracts with NC4 to perform services, as the principal subscriber to the NC4 Services. The Client is typically the User’s employer, but may be a third party engaged by the User’s employer to procure the Services.
"NC4" means NC4 Inc., and its affiliates.
"Personal Information" means any information that identifies or could reasonably be used by or on behalf of NC4 to identify an individual. Personal Information does not include information that is anonymized or stripped of all personally identifiable information.
"Subcontractor" means any individual, corporation, or other entity under written contract with NC4 to assist NC4 in providing its Services.
"User" means any employee or contracted agent, representative or consultant of Client authorized by Client to use the NC4 Services.
Information Collected by NC4
NC4's Client registration process is designed to collect certain Personal Information regarding Users of the Services necessary for NC4 to grant access to the NC4 Service(s) and to properly and securely administer the Service(s) on behalf of the Client. System configuration is not possible without this basic information.
NC4 obtains Personal Information concerning a Client's Users and/or travelers from its Clients or their Agents. Depending on the Services used, the Personal Information that may be obtained includes, but is not necessarily limited to: name, gender, business and/or home address, business and/or home phone numbers, business and/or home email address, travel itineraries, passenger name record (PNR) information and reservation information, and precise location data. Personal Information will be maintained in NC4's system in accordance with the data retention provisions of this Policy.
Information Processed by NC4 on Behalf of Clients Using NC4 Service(s)
As part of providing the Services to our Clients, NC4 may receive and process your Personal Information if you are an authorized User of the Services. When NC4 provides its Services under contract with its Clients, NC4 acts on the instructions of the Client and uses reasonable physical, electronic, and administrative safeguards to protect the Personal Information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. The Client is responsible for complying with all other obligations in relation to the Personal Information it may collect from you as a User.
Use of Personal Information
NC4 uses the Personal Information it obtains in a number of ways, including, but not limited to:
- To provide access to and use of the Services subscribed to by the Client, including, but not necessarily limited to, providing personalization services, verifying and validating User identity, tracking travelers, sending notifications from within the Service when important transactions have occurred, contacting Users and/or Clients as needed to provide the Services, providing reports to Clients, and in other ways necessary to support the Client.
- To provide Client and/or Users with limited NC4 marketing or training information or to notify Client about updates and/or upgrades or new releases to the Services (e.g., invitations to, or information concerning, NC4's User conferences, Webinars, news flashes, training opportunities, customer satisfaction survey, etc.).
- To provide Client with historical and/or trend analysis reports.
- To improve or enhance the Services.
- To diagnose problems with our website or Services.
- To provide customer support to the Client and/or User.
Information Shared with Third Parties
Personal Information obtained by NC4 is only accessed by authorized NC4 personnel or Subcontractors and/or Agents (which may include your employer's service providers and insurance provider(s)). Except as otherwise described herein, NC4 does not release or otherwise disclose Personal Information collected from or on behalf of Client without the prior written permission from the Client, Client's authorized administrative User(s), or the individual User. NC4 may provide your Personal Information to third-party vendors, subcontractors, consultants and other service providers who are working on NC4's or its Client's behalf and need access to your information in order to carry out their duties so that NC4 or Client may conduct its business. This may include, but is not limited to: (i) the hosting and managing of NC4's Services, analyzing data, handling email distribution, and providing other services for NC4 in order for NC4 to provide the Services; and (ii) your employer's service and/or insurance providers. All other requests for Personal Information and requests for access to Personal Information will be forwarded to the Client, and NC4 will act in accordance with the Client's instructions.
NC4 will obtain assurances from its third-party providers that they will safeguard Personal Information in a manner consistent with this Policy. Examples of appropriate assurances that may be provided by Subcontractors or Agents include a contract or data transfer agreement obligating the Subcontractor or Agent to follow applicable data protection laws in accordance with this Policy, and/or where appropriate, executing a set of Standard Contractual Clauses (for transfers of personal data from the EU/EEA).
If NC4 has knowledge that a Subcontractor or Agent is using or disclosing Personal Information in a manner contrary to this Policy, it will take reasonable steps to prevent or stop such use or disclosure.
Transfers of Personal Data from the EU/EEA
For Clients that transfer personal data from the EU/EEA to the US as part of the Services, NC4 will incorporate the European Commission approved Standard Contractual Clauses (commonly referred to as the Model Contracts) into its agreements with those Clients, and/or be registered under a program agreed to by the EU and US to allow for the transfer of personal data from the EU/EEA to the US. The Standard Contractual Clauses are a set of contract terms that have been approved by the European Commission as ensuring adequate protection for personal data transferred from the EU/EEA to non-EU/EEA countries, including the US, in accordance with the EU Data Protection Directive 95/46/EC.
Notice and Consent
NC4's standard procedures require the Client or the Client's Agent (e.g., Client's travel management company) to provide Personal Information to NC4 concerning the Client's Users or travelers in order for NC4 to perform the Services. NC4 acts in accordance with the Client's instructions, and therefore NC4 may have no direct contact or relationship with the individuals whose Personal Information it obtains.
Consent for Collection and Sharing of Precise Location Data
In order to provide its ActivPoint mobile application service, the User's precise location data is accessed by NC4, the Client and its service providers even when the User is not actively using the App (i.e., when the App is running in the background).
Location tracking enables ActivPoint to alert the User about incidents near him/her, and position reporting allows the Client to track the User's location and respond to assistance requests. NC4 may also aggregate and use the location information, after removing or obscuring any personally identifiable information, for other purposes, including without limitation, to compile aggregate statistics, metrics and general trend data, to report usage, or to maintain and improve ActivPoint.
Users of the ActivPoint mobile application may, at any time, pause or log out from the ActivPoint application on their device(s) to stop the collection and accessing of precise location data and the transfer of location data to Clients and/or their Agents (tracking) and to stop alert notifications. Position reporting can be switched off at any time by setting "Report My Position" to OFF or selecting "Pause" from within the App Settings. Tracking and reporting can also be stopped by logging out of the App, by deleting the App from the mobile device or by disallowing the App to access location services through the permission system used by the device's operating system. However, service provision will be limited or unavailable without location data.
As an agent processing Personal Information under the instruction of its Clients, NC4 may have no direct contact or relationship with the individuals whose Personal Information it obtains. Prior to NC4 (a) disclosing any Personal Information to a non-agent third party, or (b) using any Personal Information for a purpose other than the purpose for which it was originally collected or a purpose subsequently authorized by the individual, NC4 will work with its Clients to inform individuals of such intended use and also provide opt-out instructions for such disclosures.
NC4 will use Personal Information provided to it only in ways that are compatible with the purpose for which it was collected or subsequently authorized by the Client. As an agent processing Personal Information under the instruction of its Clients, NC4 works with its Clients to provide reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete, and current.
NC4 has implemented appropriate technical and organizational measures and will take other reasonable precautions to protect Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. Any specific requirements of a Client with respect to the processing and security of Personal Information are specified in the contract between NC4 and the Client.
Client Access and Correction
As an agent processing Personal Information under the instruction of its Clients, NC4 works with its Clients to grant individuals reasonable access to Personal Information that NC4 holds about them, and NC4 will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. NC4's contract with its Client may require NC4 to notify Client of any request received directly from a User without responding to that request.
If a Client or User no longer has access to the Services, he or she can contact the NC4 Support Center and request that Personal Information be verified, modified, or deleted. Depending on the Service in question, NC4 may not be able to delete all Personal Information due to auditing requirements of the underlying system. This is an important feature of the NC4 Services. NC4's Support Center can be contacted at 888-624-4411. Clients/Users will be required to prove identity to the satisfaction of NC4 in order to have Personal Information modified or potentially removed.
NC4 uses a self-assessment approach to assure compliance with this Policy and will conduct periodic compliance audits of its relevant privacy practices to verify such adherence. Any NC4 employee found to have acted in violation of this Policy may be subject to disciplinary action up to and including termination of employment.
Any questions, concerns, or complaints regarding NC4's use or disclosure of Personal Information shall be directed to the NC4 address below. Any NC4 employee who receives a question, concern, or complaint regarding the use or disclosure of Personal Information will direct that information to NC4's legal department. NC4 will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Policy.
For complaints that cannot be resolved between NC4 and the complainant, NC4 has agreed to participate in the dispute resolution procedures of the International Centre for Dispute Resolution of the American Arbitration Association. By utilizing NC4's Service, you also agree to subject any unresolved complaints to these dispute resolution procedures. For more information regarding The International Centre for Dispute Resolution, please consult its website at www.icdr.org or call 800.778.7879.
Limitation on Application
Adherence by NC4 to the provisions set forth in this Policy may be limited (a) to the extent required for NC4 to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest, or law enforcement requirements; (c) to the extent a disclosure or other action is permitted or required by an applicable law, rule, regulation, or legal process; (d) to enforce our policies or to protect our rights, property or safety, or those of another; and/or (e) to prevent illegal or improper uses of NC4's Services or to defend NC4 against claim.
NC4 retains data in accordance with instructions and/or contract provisions with its Client. NC4 Risk Center™ and ActivTravel™ traveler data is permanently deleted from the NC4 Risk Center™ production systems for trips that are completed and more than two (2) years old. Therefore, Personal Information associated with inactive accounts or with completed and/or inactive trips that are more than two (2) years old is deleted from the NC4 production systems, unless otherwise agreed to in writing between NC4 and the Client.
Third Party Links
Questions, comments, or complaints pertaining to this Policy or NC4's collection or retention of Personal Information should be submitted to NC4 via the following means:
Attn: Legal Department
100 N. Sepulveda Blvd., Suite 200
El Segundo, CA 90245
Amendments to Policy
July 18, 2016