CALIFORNIA PRIVACY NOTICE

This section of the Privacy Policy applies solely to California residents.

We adopt this Section of the Privacy Policy In order to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”).

Please note that certain terms used in this California-specific section of the Privacy Policy, such as “Personal Information,” “Sale,” “Share” and “Sensitive Personal Information” have the meanings given to such terms in the CCPA, and not the common meanings of these terms in conversational English.

California Residents

California Civil Code Section § 1798.83, known as the “Shine The Light” law, permits users of our Website who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding year, and the names and addresses of those third parties.  You may request this information from us no more than once a year, but such request will be handled by us free of charge to you.  To make such a request, please send an email to privacy@inoc.com.

Do Not Track and Global Privacy Controls

Please see the DNT disclosure set forth in main body of this policy.

You can use a global privacy control (“GPC”) to send signals that you wish not to have your information collected as you browse.  We have configured our Website to respond to currently available GPC signals as of the date of the posting of this policy.  However, keep in mind that this technology is relatively new, and it can be quite difficult to ensure no tracking occurs if the signals sent by this technology, or the software powering it, change as time goes by.

Not all browsers have GPC extensions at this time.  Please visit the website for the company that offers your browser to see if they have a GPC extension and to learn how to download it. For example, Mozilla explains how to enable their experimental GPC control here: https://blog.mozilla.org/netpolicy/2021/10/28/implementing-global-privacy-control/.

Data Collection

We have collected the following categories of Personal Information for the following purposes within the last twelve (12) months:

We do not knowingly collect any Personal Information of persons under the age of 16. 

Third Parties Controlling Data Collection

We use third party analytics and cookie service providers who control the collection of certain Personal Information of Website users as such persons visit and use our Website. 

California Consumer Rights Pursuant to the CCPA/CPRA

California consumers have specific rights regarding how their Personal Information is collected and used, and California consumers may exercise such rights on their own or through an authorized agent acting on their behalf. 

• You have the right to request that we disclose to you or your authorized agent acting on your behalf the following information covering the past twelve (12) months:
  • Specific pieces of Personal Information that we have collected;
  • Categories of Personal Information collected;
  • Categories of sources from which Personal Information is collected;
  • Categories of Personal Information Sold (as this term is defined in the CCPA/CPRA), Shared for cross context behavioral advertising, or disclosed for a business purpose;
  • Categories of third parties to whom we Sold, or with whom we Shared or disclosed the Personal Information for a business purpose;
  • Our business purpose for collecting (or Selling or Sharing) Personal Information;
  • The categories of Sensitive Personal Information to be collected and the purposes for which the categories of Sensitive Personal Information are collected or used and whether such information is Sold or Shared, except for such information that is collected or processed without the purpose of inferring characteristics about you.

• You have the right to request correction of any inaccurate Personal Information that we maintain about you;
• You have the right to request deletion of your Personal Information (with exceptions noted by law – more on this below);
• You have the right to request that your Personal Information not be Sold to or Shared with third parties;
• You have the right not to be discriminated or retaliated against because you exercised these rights; and
• You have the right to request that we limit our use and disclosure of your Sensitive Personal Information, except for such information that is collected or processed without the purpose of inferring characteristics about you.

Data Deletion

As permitted by the CCPA, in the event you request deletion of Personal Information that we have collected about you, we, our service providers, and our contractors may be unable to comply with such a request if your Personal Information is necessary to:

• Complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you;
• Prevent, detect, and investigate security incidents, protect against malicious deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another Consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with section 1546) of Title 12 of Part 2 of the Penal Code;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of that information is likely to render impossible or seriously impair the achievement to such research, if you have provided informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with a legal obligation; or
• Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Non-Discrimination

We will not discriminate against you or retaliate for exercising any of your CCPA rights. Specifically, we will not do any of the following unless permitted by the CCPA:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services;
• Engage in any retaliatory employment practices; or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Do Not Sell or Share My Personal Information

We do not sell your Personal Information for monetary compensation.  However, we do Sell Personal Information (as the term “Sale” is defined pursuant to the CCPA), because we use certain analytics providers on our Website, who collect and retain Personal Information based on use of the Website for their own purposes.

We do not Share Personal Information (as the term “Share” is defined pursuant to the CCPA) for cross context behavioral advertising purposes.

As a California consumer, you have the right to opt out of the Sale or Sharing of your Personal Information to third parties by clicking here.

In the twelve (12) months prior to the posting of this Policy, we have Sold to or Shared with third parties the categories of Personal Information about California residents set forth below, and for the purposes set forth below:

We do not knowingly Sell or Share any Personal Information of children under the age of 16. 

Data Disclosure 

In the twelve (12) months prior to the posting of this Policy, we have disclosed for a business purpose the categories of Personal Information about California residents set forth below, for the reasons set forth below: 

Sensitive Personal Information

As a part of our services, we may collect Sensitive Personal Information, as set forth above, and use it for the purposes described above.

You have the right to request that we limit our use and disclosure of your Sensitive Personal Information such that we use such information solely to provide you our services or process your transactions. To exercise this right, please click here, or contact us at privacy@inoc.com.

Data Retention

Please see the Data Retention disclosure set forth in main body of this policy.

How to Exercise Your CCPA Rights

You can exercise all of your rights granted to you pursuant to the CCPA by clicking here or contacting us at 877-662-2497.

California law requires us to verify your identity before processing your request. In order to make a request pursuant to the CCPA, you must provide us with your first and last name, company name, email address, phone number, and your connection to Company (e.g., whether you are a customer, what contact you have had with us, etc.). If you are requesting specific pieces of Personal Information that we have collected about you, you will also be required to email us at privacy@inoc.com a signed declaration under penalty of perjury that you are a California resident and that you are the consumer whose Personal Information is the subject of the request. Note that we will not process your request to disclose specific pieces of information we have about you until we receive this signed declaration, and your request will not be considered timely submitted until we have this document in our possession.

We will review the information you have provided against the information in our databases, and attempt to verify your identity.  However, please note that under certain circumstances, we may require you to provide additional information in order to allow us to confirm your identity and your residency before we can process your requests.  Also note that you are only entitled to make a Personal Information request up to twice in a 12-month period.

If you submit your CCPA/CPRA request by email, please include “California Privacy Rights” as the subject line. If you make a request to exercise your rights under the CCPA/CPRA by telephone, we may ask you to provide the request in writing so that we may verify your identity.

We will acknowledge your request within 10 days and respond to your request within 45 days or let you know if we need additional time or information to verify your identity (and if so, why).

Using an Authorized Agent

A California resident may use an authorized agent to submit a right to know request, a request to delete, a request to correct, a request for us to limit our processing of Sensitive Personal Information, or a request to opt-out of the Sale or Sharing of Personal Information by clicking here. To use an authorized agent for these purposes, both the California resident and their agent will be required to verify their identities with us. For this purpose, the agent will be required to submit a request with their own first and last name, company name, email address, phone number, and their company’s website URL, in addition to the following information about the consumer on whose behalf they are making the request: first and last name, company name, email address, phone number, and the consumer’s connection to Company (e.g., whether they are a customer, what contact they have had with us, etc.). In addition, the agent will be required to provide via email written authorization from the consumer to act on their behalf in making these requests. If we cannot authenticate the identity of the agent making the request, we may also require that the consumer confirm directly with us that they have in fact authorized their agent to act on their behalf. We may deny a request from an agent who cannot meet these requirements.  If the agent has provided us with a validly executed power of attorney naming the agent as the consumer’s authorized representative pursuant to Cal. Prob. Code Sections 4121 to 4130, then a separate verification that the consumer has authorized the agent to act on their behalf will not be necessary.

EUROPEAN PRIVACY NOTICE

The General Data Protection Regulation (“GDPR”) imposes certain rules in respect of data protection of individuals, and these rules apply to organisations who process personal data related to the offering of goods and services to individuals in the European Economic Area (“EEA”), including the European Union (“EU”). Switzerland and the United Kingdom (or “UK”) have also implemented their own versions of the GDPR.

INOC is a division of ITsavvy LLC (and referred to herein as “INOC” or the “Company”).  INOC is committed to complying with the GDPR and the United Kingdom extension thereof and this privacy notice contains important information on who we are, how and why we collect, store, use and share personal information, the rights in relation to personal information and how to contact us and supervisory authorities in the event that our European, Swiss, or United Kingdom customers have a complaint.

This section of the privacy notice (the “Privacy Notice”) applies solely to persons located in the EU, Switzerland, or the United Kingdom, as applicable, at the time of personal data collection by or on behalf of the Company.

Introduction 

The Company respects your privacy and is committed to protecting your personal data. This Privacy Notice will inform you about how we look after your personal data when you visit our website at www.inoc.com (the “Website”) (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you, and about how we process your personal data as part of our business. Please see the Glossary (below) for more information regarding the terms used herein.

1. Important Information and Who We Are   

PURPOSE OF THIS PRIVACY NOTICE

This Privacy Notice aims to give you information on how the Company collects and processes your personal data as part of our business, including any data you may provide through the Website.

This Website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice 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 Notice supplements the other notices and is not intended to override them.

CONTROLLER

ITsavvy LLC is the controller and responsible for your personal data.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

CONTACT DETAILS

Please contact our representative below, with any inquiries relating to this Privacy Notice.

Contact: privacy@inoc.com 

HOW TO COMPLAIN

We hope that we can resolve any query or concern you raise about our use of your information.

The GDPR also gives you the right to lodge a complaint with a supervisory authority in the country or state where you work, normally live or where any alleged infringement of data protection laws occurred within the United Kingdom, Switzerland or the EU.

YOUR DUTY TO INFORM US OF CHANGES

This version was last updated on November 15, 2024.

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 notice of every website you visit.

2. The Data We Collect About You

Personal data, or personal information, as used in this Privacy Notice, means any information about a European or United Kingdom individual from which that person can be identified. It does not include data where the individual’s 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 follows:

• Identity Data includes: name, state or country issued identification card number, login credentials.
• Contact Data includes: name, physical address, phone number, email address.
• Technical Data includes: IP address.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data by law as this data does 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 Notice.

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.

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 your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• inquire about or seek to purchase our products or services;
• communicate with our personnel;
• subscribe to receive communications from us or our service providers;
• engage with us as a service provider; or
• give us some feedback.

Automated technologies or interactions. As you interact with our Website or in some cases when we monitor computers as part of our services to our customers, we may automatically collect Technical Data.

Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:

• Identity and Contact Data from your employer who is our customer.
• Identity and Contact Data from service providers (whether ours or those serving our customers).
• Identity and Technical Data from our analytics and advertising providers.
• Identity and Contact Data from publicly availably sources.

4. 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, your employer, or your service provider, including to provide your employer or service provider with products or services they have requested from us (clause 6 (1)(b) GDPR).
• 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 (clause 6 (1)(f) GDPR).
• Where we need to comply with a legal obligation (clause 6 (1)(c) GDPR).
• With your consent (clause 6 (1)(a) GDPR). 

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications or cookies. You have the right to withdraw consent at any time by contacting us as set forth in Contact Details. 

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

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 as set forth in Contact Details if you need details about the specific legal ground we are relying on to process your personal data. 

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established, and you may utilize, the opt-in or opt-out procedures and preferences set forth in our Privacy Notice.

PROMOTIONAL OFFERS FROM US

We may use your Identity, Contact, and Technical Data 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 requested marketing communications or purchased goods or services from us and we think you may be interested in similar goods or services, in each case, provided that 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. To opt-out of our marketing communications, please click on the link in any marketing communication or contact us via our Contact Details. To opt-out of third parties’ marketing communications, please consult such parties’ respective terms and privacy notices.

Where you opt out of receiving marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase or other transactions.

COOKIES AND SIMILAR TECHNIQUES

We and our service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Website through your computer or mobile device. A cookie is a small file or piece of data sent from a website and stored on the hard drive of your computer or mobile device.

Our Website uses essential (strictly functional) cookies that ensure that the Website functions properly. In addition, we use analytical cookies to measure the use and effectiveness of our Website. For analytical cookies, we ask your permission. We also use third party, tracking and targeting cookies, for which we also ask your permission.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies, if such features are available in your browser. If you select this setting you may be unable to access certain parts of our Website. At any time, you can also seek to delete the cookies already placed from the hard disk of your computer, tablet or phone, if such feature is available in your browser settings.

Google Analytics. We use Google Analytics, a service provided by Google, Inc. (“Google”) for various purposes, including potentially to analyze traffic on our Website, to grow our business, to improve and develop our services, to monitor and analyze use of our services, to aid our technical administration, to increase the functionality and user-friendliness of our services, and to verify that users have the authorization needed for us to process their request. Google may collect your IP address, and other information (although typically not your name), and utilizes the data collected to track and examine the use of our Website, and to prepare reports for us based on your activities online, among other uses. As part of Google Analytics, Google tracks many variables, including what website you visited prior to coming to our Website, how long you stay on a particular page, and your general geographic location (e.g., city or state). Please be aware that Google uses the data it collects from our Website for its own purposes, and we do not control or direct such usage. Please visit Google’s privacy notice to understand how Google uses the information it collects: https://policies.google.com/privacy?hl=en-US. You may be able to opt out of the use of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/.

We will only allow Google to use cookies and collect your personal data on our Website, after you provided us with your consent.

Behavioral Advertising. We may use your personal data to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

We will only use cookies and collect your personal data for this purpose after you have provided us with your consent.

You can also opt out by default of certain targeted advertising, and learn more about your options related to such advertising, by using the links below:

Google: You can customize your experience with advertisements through Google services by visiting https://support.google.com/ads/answer/2662856/control-the-ads-you-see-android?hl=en. You can opt out of having your website activity available to Google Analytics by visiting https://support.google.com/analytics/answer/181881?hl=en and installing the Google Analytics opt-out browser add-on available at  https://chrome.google.com/webstore/detail/google-analytics-opt-out/fllaojicojecljbmefodhfapmkghcbnh?hl=en.

Third-party use of cookies and other tracking technologies. Some content or applications, including advertisements, on the Website may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal data or they may collect information, including personal data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

We will only allow these third-parties to use cookies and collect your personal data on our Website, after you provided us with your consent.

Please review our cookie policy for more information. 

5. Disclosures of Your Personal Data

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

• Internal Third Parties as set out in the Glossary.
• 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 happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.

To the extent within our control, we request that all third parties who process your personal data on our behalf respect the security of your personal data and treat it in accordance with the law, and only process your personal data for specified purposes and in accordance with our instructions.

6. International Transfers

Your personal data will be transferred outside the EU, United Kingdom or Switzerland.

Whenever we transfer your personal data out of these areas, we will do so in accordance with the GDPR and its corresponding regulations in Switzerland and the United Kingdom, which  may mean that we will process your personal data in countries which the EU has designated as “adequate” or using other permissible transfer mechanisms, such as the Standard Contractual Clauses. For more information on where your personal data is processed, please refer to Section 5 of this Privacy Notice above (Disclosures of Your Personal Data).

Please contact us as set forth in Contact Details if you want further information on, or a copy of written information relating to, the specific mechanism used by us when transferring your personal data outside of Europe or the United Kingdom.

7. Data Security

We have put in place security measures designed to prevent your personal data from being accidentally lost, used or accessed in an unauthorised 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.

We have 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

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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 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 applicable legal requirements. We maintain amongst others, the following retention terms.

• Personal data relevant for tax and accounting purposes will be retained for at least 7 years;
• Contact details of customers will be retained a maximum of 1 year after ending the customer relationship;
• Tickets (e.g., reporting incidents, requesting help, etc.) will be retained for a maximum of 2 years after ending the customer relationship, unless there is a compelling reason to retain the ticket.
• If you have an account with us, we will retain your personal data for the entire time that you keep your account open. After you close your account, we may retain your Personal Data:
  • for as long as necessary to comply with any legal requirement;
  • on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
  • for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
  • for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

More information on the retention terms applicable to your personal data, can be obtained by contacting us and requesting access to your personal data. Please see Request access below for further information.

In some circumstances you can ask us to delete your data. Please see Request erasure below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. Data Privacy Framework

INOC, a division of ITsavvy LLC, commits to comply with the EU-U.S. Data Privacy Framework (the “EU-U.S. DPF”) and the UK Extension to the EU-U.S. DPF, as set forth by the U.S. Department of Commerce.  INOC has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. DPF Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF.  If there is any conflict between the terms in this Privacy Notice and the EU-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

To confirm our participation, you may search for our company name on the Data Privacy Framework website, at https://www.dataprivacyframework.gov/s/participant-search.

If you have a complaint about our handling of your personal data, please reach out to our contact below:

1.    INOC, ITsavvy LLC
Contact: privacy@inoc.com

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, INOC commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF.

In case you wish to initiate a complaint about our handling of EU or UK personal data, you can also contact, free of charge, our independent recourse mechanism, who can be reached here:

2.    Netherlands
Autoriteit Persoonsgegevens
Hoge Nieuwstraat 8
P.O. Box 93374
2509 AJ Den Haag/The Hague
Tel. +31 70 888 8500
Fax +31 70 888 8501
Website: https://autoriteitpersoonsgegevens.nl/
Member: Mr Aleid Wolfsen - Chairman of the Autoriteit Persoonsgegevens

You may also, under certain conditions, as set forth in the EU-U.S. DPF or UK Extension to the EU-U.S. DPF, be able to invoke binding arbitration through the International Centre for Dispute Resolution-American Arbitration Association.

We commit to perform onward transfers of EU and UK personal data solely subject to mechanisms approved by the applicable European or United Kingdom authorities, and accept all liability for such onward transfers under applicable law.

Our company, and its compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF are subject to the investigatory and enforcement powers of the Federal Trade Commission.  

Please note that, under some circumstances, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

10. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. If you wish to exercise any of the rights set out above, please contact us as set forth in Contact Details.

You have the following rights (please see your legal rights in the glossary for further details on your rights).

1.    The right to access your Personal Data. 
2.    The right to rectify your Personal Data that is inaccurate.
3.    The right to have your Personal Data erased.
4.    You may request the restriction of processing of your Personal Data. 
5.    You may object to the processing of your Personal Data.
6.    You have the right to data portability.
7.    The right to revoke your consent. 

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 may 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, in an effort to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may 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.

11. Changes to this Privacy Notice

This Privacy Notice may be modified by us from time to time. The most current version of this Privacy Notice can always be found on our Website. We recommend that you consult this Privacy Notice regularly so that you are aware of any and all modifications.

12. Glossary

LAWFUL BASIS

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 as set forth in Contact Details.
 
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, including providing you products or services you have requested.

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

THIRD PARTIES

INTERNAL THIRD PARTIES: None.

EXTERNAL THIRD PARTIES:

• Service providers acting as processors based in the United States who provide IT, support, incident response, authentication, data storage, data security, account management, and payment processing. If the service provider is certified under the EU-U.S. DPF or falls within the scope of any other adequacy decision (clause  45 GDPR), this is the transfer mechanism we rely on. If there is no such applicable adequacy decision, we adopt the Standard Contractual Clauses of the European Commission (clause 46(2)(c) GDPR).  In this context, Personal Data may be transferred outside of the EEA, specifically, to the United Kingdom and United States.
• Professional advisers acting as processors or (joint) controllers including lawyers, advisors, and accountants based in the United States who provide legal, accounting, financial, and consultancy services. If the is professional advisor is certified under the EU-U.S. DPF or falls within the scope of any other adequacy decision (clause 45 GDPR), this is the transfer mechanism we rely on. If there is no such applicable adequacy decision, we adopt the Standard Contractual Clauses of the European Commission (clause 46(2)(c) GDPR). In this context, Personal Data may be transferred outside of the EEA, specifically, to the United Kingdom and United States.
• Regulators and other authorities acting as processors or (joint) controllers based in the United States, Europe, and the United Kingdom who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

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 rectification 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. Note, however, 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 (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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) 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 (data portability) 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.