Arcules.com Privacy Policy
v.1.1 Effective Date: August 28, 2018

ARCULES PRIVACY POLICY

v.1.1
Effective Date: August 28, 2018

 

INTRODUCTION

Welcome to the Arcules privacy policy. Arcules respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after certain of your personal data and tell you about your privacy rights and how the law protects you. Please refer to the Glossary to understand the meaning of some of the terms used in this privacy policy.

 

By using the Arcules services, sites and wp-contentlications we control, you consent to:

  • the collection and use of the personal data (limited to the data described in paragraph 2), as set forth in this Policy;
  • the use of cookies (as explained below);
  • emails sent to you for account management purposes; and
  • emails (of which you may opt-out at any time) sent to notify you of promotions and other activity.

We are self-certified as compliant with the EU-US and Swiss-US Privacy Shield Frameworks, as set forth in the EU-US Privacy Policy set forth below. In the event of any conflict or inconsistency with the terms of this Privacy Policy and the terms of EU-US Privacy Policy, the terms of the EU-US Privacy Policy will control.

CONTENTS

  1. IMPORTANT INFORMATION AND WHO WE ARE
  2. THE DATA WE COLLECT ABOUT YOU
  3. HOW IS YOUR PERSONAL DATA COLLECTED?
  4. HOW WE USE YOUR PERSONAL DATA
  5. DISCLOSURES OF YOUR PERSONAL DATA
  6. INTERNATIONAL TRANSFERS
  7. DATA SECURITY
  8. DATA RETENTION
  9. YOUR LEGAL RIGHTS
  10. JURISDICTION
  11. GLOSSARY

_____________________________________________________________________________________________________________________

 

  1. IMPORTANT INFORMATION AND WHO WE ARE

This privacy policy aims to give you information on how Arcules collects and processes your personal data through your use of this website and your interactions with Arcules staff (including any data you may provide through this website when you sign up to our newsletter). This policy only wp-contentlies to the personal data described in paragraph 2, in Arcules’ role as a data controller. This policy does not wp-contently to any content, data or information processed, stored, or hosted by our customers using Arcules’ offerings in connection with an Arcules account.

This website is not intended for children under 16, and we do not knowingly collect data relating to children, or direct marketing at children. If you believe that we have collected information about a child under 16, please contact us at privacy@arcules.com, so that we may delete the information.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

 

CONTROLLER

Arcules is the data controller with respect to the personal data described under this privacy policy (collectively referred to as “we”, “us” or “our” in this privacy policy).

We have wp-contentointed a Data Protection Officer (“DPO”) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

 

CONTACT DETAILS

If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

Full name of legal entity: Arcules Inc., a California corporation

Email address: privacy@arcules.com

Postal address:

Arcules

17875 Von Karman Ave

Suite 450

Irvine, CA 92614

USA

Data Protection Officer: Molly Muir

You have the right to make a complaint at any time to the supervisory authority for data protection issues in the EU Member State in which you reside. We would, however, wp-contentreciate the chance to deal with your concerns before you wp-contentroach the supervisory authority so please contact us in the first instance.

 

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We keep our privacy policy under regular review and may modify this policy from time to time. If we make any changes to this Policy, we will post the amended terms and change the “Revised” date above.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

THIRD PARTY LINKS

This website may include links to third party websites, plug-ins and wp-contentlications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

 

  1. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name, position in your organisation.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Transaction Data includes details about products and services you have purchased from us.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

 

Cookie Policy

We may automatically collect Information using “cookies,” which are small files placed on your hard drive that may uniquely identify your browser and collect certain Information about you. Among other things, cookies help us analyze our web page flow, customize our Service, measure promotional effectiveness, and promote trust and safety. Certain features are only available through the use of cookies, and generally we need to use cookies to help identify you and maintain your signed-in status. You are always free to decline cookies via your browser settings, although doing so may interfere with your use of the site. You may encounter cookies from third parties that we do not control.

We may additionally collect Information using pixel tags, web beacons or other web site usage tracking technologies. Web beacons (also known as “tracking pixels”) are electronic images that may be used in the Service or in emails that we send to you. We may use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon. Such devices are used to collect Nonpersonal data, such as the identity of the wp-contentlicable internet service provider, the IP address of the user’s personal computer, the type of browser software and operating system in use, the date and time of site access, the website address, if any, from which the user linked to the site and other similar traffic-related information. We also may aggregate such information with similar data collected from other users. However, we do not use such data in any way to create or maintain personal data about you.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove or reject cookies, this could affect certain features of our Service. For further information about cookies, including how to refuse cookies, please visit www.allaboutcookies.org.

The following is a list of the cookies that may be used and installed on your computer or device:

Name: _ga

Duration: 2 years

Source: Google

Type: Analytical

 

Name: _gat

Duration: 1 hour

Source: Google

Type: Analytical

 

Name: _gid

Duration: 24 hours

Source: Google

Type: Analytical

 

Name: _cfduid

Duration: 1 year

Source: Cloudflare

Type: Analytical

 

Name: FB_cookie

Duration: Session

Source: tl813.com

Type: Analytical

 

Name: FVOD

Duration: Session

Source: tl813.com

Type: Analytical

 

Name: trackalyzer

Duration: 1 year

Source: tl813.com

Type: Analytical

Explanation:
Functional – these cookies are necessary for the Website to function properly.
Analytical – these cookies allow us to understand how visitors use our sites, so we can measure and improve how the It works.

Duration – cookies may be session-only, in which they expire at the end of each browser session, or may expire at a certain date.

Others (do-not-track disclosure):

We use Hubspot, and Hubspot’s cookies are listed here. Hubspot tracks user activity that occurs on our site and across other sites. Hubspot’s privacy policy can be found here. The use or installation of cookies, pixels, and web beacons by any third party is not covered by this policy.

 

Residents of Europe

If you reside in the European Union, Switzerland, Norway, Lichtenstein or Iceland, and are protected by European data protection requirements, we will treat your personal data in compliance with our EU-US Privacy Policy (below).

If you fail to provide personal data  

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

 

  1. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email, live interaction, or otherwise. This includes personal data you provide when you:
    • wp-contently for our products or services;
    • request marketing to be sent to you;
    • enter a survey; or
    • give us feedback or contact us.
  • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
    • Technical Data from the following parties:
      • analytics providers, such as Google, based inside and outside the EU;
      • search information providers based inside and outside the EU.
    • Contact and Transaction Data from providers of technical, payment and delivery services.
    • Identity and Contact Data from publicly available sources such as the Electoral Register based inside the EU.

 

  1. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.

You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data  

We will process your personal data only where there is a lawful basis to do so, specifically:

  • where we need to perform the contract with you, including:
    • using your information to deliver, or contact you regarding, your order; and
    • updating you with any changes to the contract between us.
  • where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests, including;
    • to deliver relevant content to you;
    • to make suggestions and recommendations to you about goods or services that may be of interest to you; and
    • to establish, exercise and/or defend our legal rights including in any legal proceedings.
  • where we need to comply with a legal or regulatory obligation, including:
    • complying with any wp-contentlicable regulatory requirements in terms of anti-money laundering rules;
    • undertaking conflict of interest checks; or
    • data protection rules.
  • where you have consented to the particular use of your data, including:
    • sending you marketing emails; and
    • taking part in surveys.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

We do not use personal data for the purpose of using automated decision making or Profiling.

 

Marketing  

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us  

We may use your Identity and Contact information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

Third-party marketing  

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out  

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not wp-contently to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Change of purpose  

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

  1. DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the parties set out below for the purposes set out in paragraph 4.

  • External Third Parties as set out in the Glossary.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change hwp-contentens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
  • Our affiliated entities and our service providers, consultants or other contractors in order to support or enhance our products, services and business operations, or to make available and consummate transactions. Such parties’ use and processing of personal data will be subject to security or confidentiality obligations consistent with this policy and wp-contentlicable law.
  • As required to comply with wp-contentlicable law or lawful requests or process, or to enforce our terms and agreements, and to protect the rights, safety and property of Arcules, our agents, employees, customers, and others.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

  1. INTERNATIONAL TRANSFERS

Some of our External Third Parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • Subject to the points below, we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • Where we use certain service providers, we may use specific contracts wp-contentroved by the European Commission which give personal data the same protection it has in Europe.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

 

  1. DATA SECURITY

We have put in place wp-contentropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any wp-contentlicable regulator of a breach where we are legally required to do so.

 

  1. DATA RETENTION

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the wp-contentropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the wp-contentlicable legal, regulatory, tax, accounting or other requirements.

 

  1. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. However, please note that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if wp-contentlicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data’s accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only wp-contentlies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

 

No fee usually required  

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you  

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond  

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

  1. JURISDICTION

 We are located in the United States, as are the servers that make the Service available. All matters relating to privacy issues are governed by the laws of the United States and the State of California.

 

  1. GLOSSARY

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

External third parties

  • Service providers acting as processors based inside and outside the EU, including in the United States, who provide IT and system administration services and secure cloud-based information storage services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based inside and outside the EU, including in the United Kingdom, who provide consultancy, banking, legal, insurance and accounting services.
  • Such third parties include:

Salesforce

Hubspot

Zuora

Google

Intercom

JIRA

Aha!

Sendgrid

 

EU-US PRIVACY POLICY

This EU-US Privacy Policy explains how we adhere to the privacy principles of the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework with respect to transfers of personal information from the European Union, as well as Norway, Lichtenstein and Iceland (collectively, “EU”), and from Switzerland, to the United States. We are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

The United States Department of Commerce and the European Commission have agreed on a set of Privacy Shield Principles and Supplemental Principles, to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States (the “EU-US Privacy Shield”). The EU also has recognized the EU-US Privacy Shield as providing adequate data protection. The United States Department of Commerce and the government of Switzerland have agreed on a similar set of Privacy Shield Principles and Supplemental Principles, to enable U.S. companies to satisfy the requirement under wp-contentlicable Swiss law that adequate protection be given to personal information transferred from Switzerland to the United States (the “Swiss-US Privacy Shield”).

We are currently in the process of certifying to the EU-US and Swiss-US Privacy Shield Frameworks, as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.

A.  Scope 

This EU-US Privacy Policy wp-contentlies to all personal information received by us in the United States from the EU and from Switzerland, in any format, including electronic, paper or verbal.

B. Definitions

For purposes of this EU-US Privacy Policy, the following definitions will wp-contently:

  • “agent” means any third party that collects or uses personal information under our instructions and for us, or to which we disclose personal information for use on our behalf.
  • “personal information” and “personal data” means any data, information or data/information set(s) that identifies or could be used by or on behalf of us to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.
  • “sensitive personal information” means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, views or activities, that concerns health or sex life, ideological views or activities, information on social security measures or benefits, or information on criminal or administrative proceedings and sanctions other than in the context of pending proceedings. In addition, we will treat as sensitive personal information any information received from a third party where that third party treats and explicitly identifies the information as sensitive within the same meaning as used here.

 C. Privacy Shield Principles

The privacy principles in this EU-US Privacy Policy have been developed based on the Privacy Shield Principles and Supplemental Principles. For purposes of these principles and this section C, the term “EU” includes Switzerland.

(i) Notice. Where we collect personal information directly from individuals in the EU, we will inform such individuals about the purposes for which we collect and use personal information about them, the types of non–agent third parties to which we disclose that information, the choices and means, if any, we offer individuals for limiting the use and disclosure of personal information about them, and how to contact us. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information, or as soon as practicable thereafter, and in any event before we use or disclose the information for a purpose other than that for which it was originally collected.

Where we receive personal information from our subsidiaries, affiliates or other entities in the EU, we will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.

(ii) Choice. We will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose that is materially different than the purpose for which it was originally collected or subsequently authorized by the individual.

For sensitive personal information, we don’t solicit such information and there’s no need to disclose such information in order to use the Service. If we elect in the future to solicit such information, we will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of such solicited information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

We will provide individuals with reasonable mechanisms to exercise their choices.

(iii) Data Integrity. We will use personal information only in ways that are compatible with and relevant to the purposes for which it was collected or subsequently authorized by the individual. We will take reasonable steps to ensure that personal information is reliable to its intended use, accurate, complete, and current. We will remain compliant for as long as we retain personal information. Personal information will be retained in a form identifying or making identifiable an individual only for so long as necessary to process such information, subject to our right to retain such information for longer periods for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research, and statistical analysis.

(iv) Accountability for Onward Transfer. To transfer personal data to an agent, we will: (a) transfer such data only for limited and specified purposes; (b) ascertain that the agent is obligated to provide at least the same level of privacy protection as is required by the Privacy Shield Principles; (c) take reasonable and wp-contentropriate steps to ensure that the agent effectively processes the personal information transferred in a manner consistent with our obligations under the Privacy Shield Principles; (d) require the agent to notify us if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles; (e) upon notice, including under (d), take reasonable and wp-contentropriate steps to stop and remediate unauthorized processing; (f) provide a summary or a representative copy of the relevant privacy provisions of its contract with that agent to the Department of Commerce upon request; and (g) enter into enforceable contracts with agents consistent with this Policy.

We will undertake to obtain assurances from our agents that they will safeguard personal information consistent with this Policy. Examples of wp-contentropriate assurances that may be provided by agents include: (h) a contract obligating the agent to provide at least the same or substantially similar level of protection as is required by the relevant Privacy Shield Principles, (i) such agent being certified as Privacy Shield Principles-compliant, (j) such agent being subject to the EU Data Protection Directive, or (k) such agent being subject to another EU or Swiss adequacy finding (e.g., companies located in Canada). Where we have knowledge that an agent is using or disclosing personal information in a manner contrary to this policy, we will take reasonable steps to prevent or stop such use or disclosure.

(v) Access and Correction. Upon request, we will grant individuals reasonable access to personal information that it holds about them. In addition, we will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete, or that has been processed in violation of the Privacy Shield Principles, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated.

(vi) Security. We will take reasonable and wp-contentropriate measures to protect personal information in our possession from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and nature of the personal data.

(vii) Enforcement. We will conduct compliance reviews of our relevant privacy practices to verify adherence to this EU-US Privacy Policy and wp-contentropriate employee and agent training as necessary. Any employee or agent of ours that we determine is in violation of this policy will be subject to disciplinary action up to and including termination of employment or service. We will be responsible if our agent processes personal information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.

(viii) Dispute Resolution. Any questions or concerns regarding the use or disclosure of personal information should be directed to the Data Processing Officer at the address given below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information by reference to the Privacy Policy and this EU-US Privacy Policy in an expeditious manner, and at no cost to the individual.

We have further committed to refer unresolved Privacy Shield complaints to JAMS (jamsadr.com), an alternative dispute resolution provider located in the United States, which serves as our third-party dispute resolution provider for Privacy Shield Principles-related disputes. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Individuals may submit complaints on an individualized basis (and not purporting to be acting in a representative capacity or on behalf of a class) to JAMS. No damages, fees, or other remedies are available. Arbitrators will have the authority only to award individual-specific non-monetary equitable relief (such as access, correction, deletion, or return of the individual data’s in question). Each party will bear its own attorneys fees, subject to the rules of JAMS.

In addition, individuals may submit disputes to binding arbitration who first comply with pre-arbitration requirements. Arbitration may not be invoked and is not available if the individual’s same claimed violation of the Privacy Shield Principles: (a) has previously been subject to binding arbitration; (b) was the subject of a final judgment entered in a court action to which the individual was a party; or (c) was previously settled by the parties. In addition, arbitration is not available if an EU Data Protection Authority: (d) has authority under sections III.5 or III.9 of the Privacy Shield Principles; or (e) has the authority to resolve the claimed violation directly with us.

D. Limitation

Adherence to this EU-US Privacy Policy is limited to the extent (i) required to respond to a legal or ethical obligation; (ii) necessary to meet national security, public interest or law enforcement obligations; and (iii) expressly permitted by an wp-contentlicable law, rule or regulation.

E. Privacy Policy
We recognize the importance of maintaining the privacy of information collected online and via wp-contentlications, and have created the Privacy Policy (of which this EU-US Privacy Policy is a part) governing the treatment of personal information collected through web sites and wp-contentlications that we operate. The Privacy Policy reflects additional legal requirements and evolving standards with respect to privacy, and in fact, we utilize this Privacy Policy in facilitating adherence to the Privacy Shield Principles and wp-contentlicable EU data protection laws. As such, this EU-US Privacy Policy and the Privacy Policy should be construed harmoniously wherever possible; however, with respect to personal information that is transferred from the EU or Switzerland to the US, the Privacy Policy is subordinate to this EU-US Privacy Policy.

F. Contact Information

Questions or comments regarding this policy should be submitted to the Data Protection Officer as set forth above.