Privacy Shield Policy
Deven Software LLC (“Devensoft”) has adopted this Privacy Shield Policy (“Policy”) to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that Devensoft obtains from Customers located in the European Union.
The Federal Trade Commission (FTC) has jurisdiction over Devensoft’s compliance with the Privacy Shield.
All Devensoft employees who handle Personal Data from the European Union are required to comply with the Principles stated in this Policy.
Capitalized terms are defined in Section 14 of this Policy.
This Policy applies to the processing of Individual Customer Personal Data that Devensoft receives in the United States concerning Individual Customers who reside in the European Union.
This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)
2. RESPONSIBILITIES AND MANAGEMENT
Devensoft has designated the Information Security Steering Committee (“ISSC”) to oversee its information security program, including its compliance with the EU-U.S. Privacy Shield program. The ISSC shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to firstname.lastname@example.org
Devensoft will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. Devensoft personnel will receive training, as applicable, to effectively implement this Policy.
3. RENEWAL / VERIFICATION
Devensoft will renew its EU-U.S. Privacy Shield certification annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.
Prior to the re-certification, Devensoft will conduct an in-house verification to ensure that its attestations and assertions about its treatment of Individual Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, Devensoft will undertake the following:
- Ensure that this Policy continues to comply with the Privacy Shield principles
- Confirm that Individual Customers are made aware of the process for addressing complaints and any independent dispute resolution process
- Review its processes and procedures for training Employees about Devensoft’s participation in the Privacy Shield program and the appropriate handling of Individual’s Personal Data
4. COLLECTION AND USE OF PERSONAL DATA
Devensoft provides various solutions to its Individual Customers who purchase its downloadable products or subscribe to its hosted software applications. Devensoft collects Personal Data from Individual Customers when they subscribe to or purchase its products, register with our website, login to their account, update their online personal profile, complete surveys, attend product training, request information or otherwise communicate with us.
The Personal Data that we collect may vary based on the Individual Customer’s interaction with our website and use of our products and services. As a general matter, Devensoft collects the following types of Personal Data from its Individual Customers: contact information, including, a person’s first and last name, work email address, work mailing address, work telephone number, title, and company name. In cases where the Individual Customer downloads purchased content, we also collect payment information, such as credit card.
When Individual Customers use our products and services online, we may collect their IP address and browser type. We may associate IP address and browser type with a specific customer. We also may collect Personal Data from persons who contact us through our website to request additional information; in such a situation, we would collect contact information (as listed above) and any other information that the person chooses to submit through our website.
The information that we collect from Individual Customers is used for accessing the products and services they buy from us, reporting, invoicing, renewals, other operations related to providing services and products to the Individual Customer.
For certain web-based products, services and training, Devensoft serves as a service provider. In our capacity as a service provider, we will receive, store, and/or process Personal Data. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of our partners and/or agents. The information that we collect from our Individual Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Individual Customer, and as otherwise requested by our partner and/or agent.
Devensoft uses Personal Data that it collects directly from its Individual Customers and for its partners indirectly in its role as a service provider for the following business purposes, without limitation:
- maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to a Individual Customer);
- satisfying governmental reporting, tax, and other requirements (e.g., import/export);
- storing and processing data, including Personal Data, in computer databases and servers located in the United States;
- verifying identity (e.g., for online access to accounts);
- as requested by the Individual Customer;
- for other business-related purposes permitted or required under applicable local law and regulation;
- and as otherwise required by law.
Devensoft does not disclose personal information to third parties for purposes that are materially different than what it was originally collected for or subsequently authorized by the individuals. Should this change in the future, individuals will be notified by email and offered the opportunity to opt-out by replying to the email notification.
5. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided herein, Devensoft discloses Personal Data only to Third Parties who reasonably need to know such data only for the purpose of providing the service and support that the Individual Customer has purchased. Such Third Parties must agree to abide by confidentiality obligations.
Devensoft may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, Devensoft may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by Devensoft and they must either:
- comply with the Privacy Shield principles or another mechanism permitted by the applicable EU data protection law(s) for transfers and processing of Personal Data;
- or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy;
Devensoft also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that Devensoft may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. Devensoft is liable for appropriate onward transfers of personal data to third parties.
6. SENSITIVE DATA
Devensoft does not collect Sensitive Data from its Individual Customers.
7. DATA INTEGRITY AND SECURITY
Devensoft uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. Devensoft has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection and access to Devensoft’s electronic information systems requires user authentication via password or similar means. Devensoft also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data.
Further, Devensoft uses secure encryption technology to protect certain categories of Personal Data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.
9. ACCESSING PERSONAL DATA
Devensoft personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
10. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
- Right to Access. Individual Customers have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which Devensoft collected it. Devensoft allows Individual Customers access to their Personal Data, in order to correct, amend or delete such data where inaccurate. Individual Customers may edit their Personal Data by logging into the Devensoft application instance for which they are authorized and accessing their personal profile or by contacting Devensoft by email at email@example.com. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data in all Devensoft systems, Individual Customers should submit a written request via email to firstname.lastname@example.org and Devensoft will make every effort to honor such request, as long as it complies with applicable laws and Devensoft information security policies.
- Requests for Personal Data. Devensoft will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If Devensoft receives a request for access to his/her Personal Data from an Individual Customer, then, unless otherwise required under law or by contract with such Individual Customer, Devensoft will refer such Data Subject to the Individual Customer.
- Satisfying Requests for Access, Modifications, and Corrections. Devensoft will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or delete Personal Data.
11. CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make employees aware of changes to this policy either by posting to our intranet, through email, or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
12. QUESTIONS OR COMPLAINTS
EU Individual Customers may contact Devensoft with questions or complaints concerning this Policy at the following address:
13. ENFORCEMENT AND DISPUTE RESOLUTION
In compliance with the EU-U.S. Privacy Shield Principles, Devensoft commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield Policy should first contact Devensoft at: email@example.com
Devensoft has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. As a last resort and under certain conditions, EU individuals may be able to invoke binding arbitration before the Privacy Shield Panel. For more information on binding arbitration, please visit http://go.adr.org/privacyshieldfiling.html that describes the conditions and steps required to file a notice of arbitration.
14. DEFINED TERMS
“Individual Customer” means any individual employee, agent or representative of a Devensoft customer where Devensoft has obtained his or her Personal Data from such customer as part of its business relationship with Devensoft.
“Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics.
“Employee” means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of Devensoft or any of its affiliates or subsidiaries, who is also a resident of a country within the European Union.
“Europe” or “European” refers to a country in the European Union.
“Personal Data” as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available.
“Sensitive Data” means Personal Data that discloses a Data Subject’s medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
“Third Party” means any individual or entity that is neither Devensoft nor a Devensoft employee, agent, or representative.
This policy was last modified on January 5, 2018.