Arcules Privacy Policy

v.1.5 – Effective Date: June 30, 2022

 

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.

By using the Arcules services, sites and applications 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 and other tools (as explained below); and
  • emails sent to you for account management purposes

to the extent legally permitted, emails (of which you may opt-out at any time) sent to notify you of promotions and other marketing 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


 

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 applies to the personal data described in paragraph 2, in Arcules’ role as a data controller. This policy does not apply to any content, data or information processed, stored, or hosted by our customers using Arcules’ offerings in connection with an Arcules account, or data and other information processed by Arcules as a data processor to its affiliated companies. It also does not apply to personal data collected by Arcules relating to its employees, independent contractors, or job applicants.

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 appointed 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, Inc.
17875 Von Karman Ave. #450
Irvine, CA 92614
USA

Data Protection Officer: Steve Shaw

If you are located in the European Economic Area (“EEA”), Switzerland, or the United Kingdom, you have the right to make a complaint at any time to the supervisory authority for data protection issues in the country in which you reside. We would, however, appreciate the chance to deal with your concerns before you approach 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 applications. 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.

Residents of Europe

If you reside in the EEA or Switzerland and are protected by European data protection requirements, we will treat your personal data in compliance with this privacy policy as supplemented by our EU-US Privacy Policy (below). Certain provisions of this privacy policy only apply to “European residents” meaning individuals located in the EEA, Switzerland, or the United Kingdom.

Residents of Japan

If you reside in Japan, and are protected by Japanese data protection requirements, we will treat your personal data in compliance with this privacy policy and applicable Japanese law. Certain provisions of this privacy policy only apply to “Japanese residents” meaning individuals located in Japan.

2. 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 organization.
  • 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.
  • Financial Data includes payment methods used to pay for products and services such as credit/debit card number, expiration date, checking account number, and routing number.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences as well as the content of communications between you and us.
  • Video Data includes video footage and still images derived from video footage.

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.

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 non-personal data, such as the identity of the applicable 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 cookies that may be used and installed on your computer or device can be found here.

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.

3. 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 information 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:
    • apply 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 such as:
    • 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.
  • Video data. If a client authorizes us to use their video data for our own research and development purposes, we may obtain that video data which may include images of you.

4. HOW WE USE YOUR PERSONAL DATA

We use personal data in connection with our business operations when the law allows us to. We will use/process personal data for the purposes outlined in this section. Our processing of your personal data may require sharing it with third parties such as data processors engaged by us in order to accomplish the stated purpose.

Purposes for which we will use your personal data

Purpose of ProcessingPersonal Data ProcessedLawful Basis (European Residents Only)
Perform our contract with you such as using your information to deliver, support, or communicate with you regarding, the services or the websites including processing payments and improving the websites and services provided to you. This type of processing includes day-to-day business functions that support performance of our contract and/or provision of the websites and services such as accounting, collections, and technical support.Identity, contact, transaction, financial, marketing and communications, and video dataProcessing necessary for performance of a contract or to take steps at the request of the data subject prior to entering into a contract.
Negotiate a potential contract with you such as communicating with you regarding the potential contract, verifying payment methods, and communicating with any third party involved in the negotiations. This type of processing includes communicating with you in response to a request for information made by you or a third party on your behalf.Identity, contact, transaction, financial, and marketing and communications dataProcessing necessary for performance of a contract or to take steps at the request of the data subject prior to entering into a contract.
Obtain and analyze customer and potential customer feedback regarding products and services.Identity, contact, transaction, and marketing and communications dataLegitimate Interest in correcting errors in and improving our products and services.
Market our products or services to you such as by communicating with you through email, telephone calls, text messages, facsimiles, or postal mail.Identity, contact, transaction, and marketing and communications dataConsent
Research and development of new products and services or enhancements to existing products and services, including analysis of use of the websites, services, and products, and training of machine learning models.Identity, contact, transaction, financial, marketing and communications, and video dataLegitimate Interest in correcting errors in and improving our products and services.
Comply with legal obligations we are under such as responding to lawful requests for information, complying with data protection regulations, and preventing violations of laws and regulations.Identity, contact, transaction, financial, marketing and communications, and video dataCompliance with legal obligations
Establish, exercise, and/or defend our legal rights or the legal rights of third parties in any legal proceeding.Identity, contact, transaction, financial, marketing and communications, and video dataLegitimate Interest in protecting our legal rights and the legal rights of others.
Prevent fraud, theft, or violations of our security or the security of third parties.Identity, contact, transaction, financial, marketing and communications, and video dataLegitimate Interest in preventing harm to ourselves and others from malicious activity.
Obtain advice from professional advisers such as lawyers, financial planners, accountants, insurance brokers, and consultants.Identity, contact, transaction, financial, marketing and communications, and video dataLegitimate Interest in operating our business in a sound and responsible manner.

“Legitimate Interest” for processing of European residents’ data means the interests of our business in conducting and managing our business to enable us to give you the best websites and services possible and protect our reasonable business concerns. We make sure to consider and balance any potential impact on you (positive and negative) and your rights under applicable law before we process personal data of European residents for our Legitimate Interest. We do not process the personal data of European residents for our Legitimate Interests if we determine that our interests are overridden by the impact on your rights (unless we have consent or the processing is otherwise permitted by law). If you are a European resident and would like more information about how we assess our Legitimate Interests, you may contact us.

If you are a European resident and the lawful basis for processing your personal data is consent, we will obtain consent from you prior to processing your personal data for the purpose for which consent is required and you may revoke your consent at any time by contacting us using the contact information below.

We do not use personal data for the purposes of automated decision-making or profiling.

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.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may disclose your personal data to service providers, including affiliated entities, for any of the same purposes for which we may use or process your personal data. We do not allow our 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. During the past twelve months, we shared each of the categories of personal data identified in Section 2 with one or more service providers.

The types of service providers we use to whom we may share one or more categories of personal data include:

  • Fulfillment and account servicing vendors, which help us provide our websites, services and information to you, service your account, and facilitate transactions between you and us;
  • Payment processing vendors, which receive and process payments for our services depending on how you select to pay for our services;
  • Marketing and communications vendors, which help us market our websites and services to you, communicate with you regarding our websites and services, and conduct promotions, surveys and other outreach campaigns;
  • Research and development vendors, which help us develop and improve our websites and services;
  • Data and business analytics vendors, which help us collect, analyze and improve the accuracy of our data (including personal data) and better understand our business operations;
  • IT and network administration vendors, which provide services such as data storage and management, website hosting, application development, and data security;
  • Professional service firms, which provide accounting, legal, and other professional services; and
  • General service providers, which help us with day-to-day business operations such as office support services, mail processing, courier services, facilities management, and document destruction.

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose personal data and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate to respond to legal requests (including court orders, investigative demands and subpoenas), to protect the safety, property, or rights of ourselves, consumers, or any other third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with law.

We may also disclose personal data to third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets; to third parties with whom you engage to facilitate your purchase or use of your services such as your product integrator; or to businesses controlling, controlled by, or under common control with us. If a change happens to our business, and you are a European resident, then the new owner of your personal data may use your personal data in the same way as set out in this privacy policy or may contact you to obtain consent for new uses.

We do not sell personal data to any third party for that third party’s direct marketing purpose or for any other purpose.

6. INTERNATIONAL TRANSFERS

Your personal data may be processed in the EEA, Japan, Switzerland, United States of America, and/or United Kingdom (“UK”).

If you are a European resident, whenever we transfer your personal data out of the EEA, Switzerland, or UK we ensure that we have your consent or adequate safeguards are in place as required by the GDPR by either (i) transferring your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission or UK Secretary of State (as applicable) or (ii) using standard contractual clauses approved by the European Commission or UK Government (as applicable) which give personal data a similar amount of protection as it has in Europe, including additional safeguards as needed. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA, Switzerland, or UK.

If you are a Japanese resident, whenever we transfer your personal data out of Japan we do so in compliance with Japanese law.

7. DATA SECURITY

We have put in place reasonable 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 service providers 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 applicable regulator of a breach where we are legally required to do so.

8. 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 appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized 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 applicable legal, regulatory, tax, accounting or other requirements.

9. YOUR LEGAL RIGHTS

European and Japanese Residents

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 applicable, at the time of your request.

Object to processing of your personal data where we are relying on a Legitimate Interest 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 overriding legitimate grounds to process your personal data.

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 applies 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 using the contact details above.

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, for example, if you request access to video data, we will require you to provide the location at which you were filmed, the client or person who filmed you, the date of filming, and the approximate time of filming.

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.

Requests Related to a Client

If you make a request related to data processing we perform on behalf of a client, we will either inform you of the client’s identity and instruct you to make your request directly to the client or we will inform the client of your request. We are not able to fulfill requests related to our work as a data processor unless the applicable client instructs us to respond.

California Do Not Track Disclosure

Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user’s activity not be tracked. At this time, our website and services do not respond to Do Not Track signals.

10. JURISDICTION

We are located in the United States. Except as otherwise indicated in this Privacy Policy, all matters relating to privacy issues are governed by the laws of the United States and the State of California.

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 applicable Swiss law that adequate protection be given to personal information transferred from Switzerland to the United States (the “Swiss-US Privacy Shield”).

Arcules complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework 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. Arcules has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

A. Scope 

This EU-US Privacy Policy applies 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 apply:

  • “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 appropriate 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 appropriate 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 appropriate 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 appropriate 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 appropriate 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 Protection 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 (https://www.jamsadr.com/eu-us-privacy-shield), 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 applicable law, rule or regulation.

E. Privacy Policy

We recognize the importance of maintaining the privacy of information collected online and via applications, 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 applications 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 applicable 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.