Frequently Asked Questions (Updated July 2022)
Weichert Workforce Mobility Inc. (“WWM”), and its affiliated entities, is committed to complying with all applicable laws governing the privacy, security, and treatment of its customer’s data. This includes existing and emerging laws in the United States, European Union, and other jurisdictions. Because these may vary across countries, WWM, with the assistance of its legal advisers, has prepared these Frequently Asked Questions (“FAQs”) addressing common data privacy inquiries from our international customers and partners.
FAQ 1 – Does Executive Order 12,333 require WWM to participate in U.S. Government surveillance activities?
Executive Order 12,333 governs the U.S. intelligence community’s foreign surveillance and collection activities. Contrary to media reports, this Executive Order does not authorize intelligence collection against U.S.-based targets or otherwise require U.S. companies like WWM to participate in intelligence gathering. WWM does not knowingly participate in, and ultimately has no control over, any U.S. intelligence community activities that the U.S. Government may conduct under this Executive Order.
FAQ 2 – Does the Foreign Intelligence Surveillance Act (“FISA”) require WWM to participate in U.S. Government surveillance activities?
FISA is a law that authorizes U.S. domestic law enforcement agencies to investigate foreign spies and terrorist organizations operating within the United States. The U.S. Government can only obtain information under FISA through a warrant issued by an independent U.S. federal court. WWM has never received such warrants and reserves the right to challenge them through judicial means when necessary.
FAQ 3 – Does the USA PATRIOT Act and its successor laws require WWM to participate in U.S. Government surveillance activities?
The USA PATRIOT Act and its successor laws authorizes U.S. domestic law enforcement agencies to investigate money laundering and terrorist financing. Most of the Anti-Money Laundering (“AML”) requirements imposed under these laws apply to banks and other financial institutions. Collecting information from companies outside the U.S. financial system under these laws would require a lawfully-issued U.S. Federal District Court order, a geographic targeting order from the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”), or a so-called “national security letter” from the U.S. Department of Justice. WWM has never received any such orders and reserves the right to challenge them through judicial means when necessary.
FAQ 4 – Does WWM voluntarily participate in any U.S. Government intelligence or surveillance programs, including those administered by the National Security Agency (“NSA”)?
WWM is not a U.S. Government contractor, does not conduct business with the U.S. intelligence community, and does not participate in any U.S. Government intelligence or surveillance programs. This includes surveillance and data collection programs administered by the NSA.
FAQ 5 – Does WWM provide any customer data to any intelligence agencies?
WWM does not voluntarily provide customer data with any U.S. intelligence agencies or foreign intelligence agencies. Obtaining access to U.S.-based customer data would require a court order or similar legal directive under U.S. federal law. WWM has never received such an order in connection with U.S. Government intelligence activities and reserves the right to challenge them through judicial means when necessary.
FAQ 6 – Does WWM provide metadata or other similar content to U.S. intelligence agencies?
WWM does not provide customer metadata or to any intelligence agencies or participate in any government programs involving the bulk collection of metadata. Obtaining access to U.S.-based customer metadata would require a court order or similar legal directive under U.S. federal law. WWM has never received such an order in connection with U.S. Government intelligence activities and reserves the right to challenge them through judicial means when necessary.
FAQ 7 – Does WWM share customer data stored outside the United States with any U.S. intelligence agencies?
WWM does not share customer data with any U.S. Government agency or foreign government agency unless we are required to do so under a lawful court order or other applicable local laws. WWM reserves the right to challenge such orders through judicial means when necessary.
FAQ 8 – Does WWM build any “backdoors” into its software, source code, or systems that would allow U.S. intelligence agencies to access customer data?
WWM is committed to protecting the privacy and security of its customer’s data, regardless of where that data is located. We do not provide any U.S. Government or foreign government agencies with software source codes, encryption keys, or other forms of access for the purpose of accessing customer data.
FAQ 9 – Does WWM work with any vendors, suppliers, or other business partners that participate in intelligence and surveillance programs?
All of WWM’s business partners are commercial enterprises. As such, we are not aware of any vendors or suppliers participating in such programs. Even if our business partners were engaged in such activities, however, Wiechert’s own systems are designed to prevent unauthorized third parties from accessing customer data without the customer’s prior authorization.
FAQ 10 – Does WWM comply with GDPR and other data privacy protection laws?
WWM complies with the local data privacy laws in each of the countries where we operate. Our internal policies are designed to protect our customers’ data in accordance with the local data privacy laws in the countries where their data is actually stored. This includes complying with GDPR in those cases where customer data is collected, stored, or used in the European Union.
FAQ 11 – Is WWM subject to any other laws that would allow governments access to customer data?
Like any other private company, WWM is subject to the local and national laws that apply in the countries where it conducts business. This means that WWM could potentially encounter the need to comply with lawful court orders, subpoenas, or search warrants related to routine law enforcement activities. Complying with such lawful orders is consistent with the GDPR’s longstanding exceptions for law enforcement activities.
FAQ 12 – How does WWM protect customer data during law enforcement investigations?
WWM collaborates with its U.S. and foreign legal advisors to determine whether court orders, subpoenas, or other agency directives are authorized under the relevant national laws. If such orders are not consistent with applicable local or national laws, then WWM reserves challenge them through judicial action or other means.