FluentPro Privacy Shield Policy
Effective Date: June 29, 2018
FluentPro Software Corporation and its subsidiaries (“FluentPro” or “we” or “us” or “our”) complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of Personal Data (as defined below) from European Union member countries and Switzerland. FluentPro has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability in accordance with the policies set forth in this FluentPro Privacy Shield Policy (“Privacy Shield Policy”). If there is any conflict between the policies in this Privacy Shield 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 page, please visit https://www.privacyshield.gov/.
“Data Subject” means the individual to whom any given Personal Data covered by this Privacy Shield Policy refers.
“Personal Data” means any information relating to an identified or identifiable individual residing in the European Union and Switzerland that can be used to identify that individual either on its own or in combination with other readily available data.
“Sensitive Personal Data” means Personal Data regarding an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, physical or mental health, or sexual life.
2. Scope and Responsibility
This Privacy Shield Policy sets forth the privacy principles that FluentPro follows when processing Personal Data received in the United States of America (“U.S.”) from customers or prospective customers located in the European Economic Area (“EEA”) and Switzerland, while providing services to such customers. This Privacy Shield Policy does not apply to information collected by FluentPro from visitors to and registered users of its and its affiliates’ websites and from FluentPro sponsored sales and marketing activities. This Privacy Shield Policy also does not apply to Personal Data collected through FluentPro’s recruiting process.
This Privacy Shield Policy applies to Personal Data transferred from European Union member countries and Switzerland to FluentPro’s operations in the U.S. in reliance on the respective Privacy Shield framework and does not apply to Personal Data transferred under the EU Standard Contractual Clauses or any approved derogation from the EU Directive.
Some types of Personal Data may be subject to other privacy-related requirements and policies. For example:
- Personal Data regarding and/or received from a FluentPro’s customer or prospective customer is also subject to any specific agreement with, or notice to, the client, including without limitation, data processing agreement, as well as additional applicable laws.
- Employee Personal Information is subject to internal FluentPro’s employment policies.
All employees of FluentPro that have access in the U.S. to Personal Data covered by this Privacy Shield Policy are responsible for conducting themselves in accordance with this Privacy Shield Policy. Adherence by FluentPro to this Privacy Shield Policy may be limited to the extent required to meet legal, regulatory, governmental, or national security obligations, but Personal Data covered by this Privacy Shield Policy shall not be collected, used, or disclosed in a manner contrary to this policy without the prior written permission of FluentPro’s Chief Operations Officer.
FluentPro employees responsible for engaging third parties to which Personal Data covered by this Privacy Shield Policy will be transferred are responsible for obtaining appropriate assurances that such third parties have an obligation to conduct themselves in accordance with the applicable provisions of this Privacy Shield Principles, including any applicable contractual assurances required by Privacy Shield.
3. FluentPro’s Role as a Service Provider to its Customers and Prospective Customers
FluentPro is the creator of certain software applications, tools and products, and in connection with these software products, FluentPro provides software as a service and platform as a services and certain other services, such as professional technical services, data migration services, and product technical support services (collectively “Services”) to its hosted and non-hosted business customers and prospective customers in the EEA and Switzerland through U.S. offices and employees who may be located in the U.S. These U.S.-based employees may process Personal Data to provide Services to customers and prospective customers located in the EEA or Switzerland.
Business customers using FluentPro’s cloud solutions and platforms are responsible for managing the data that they cause to be processed or temporarily stored on FluentPro’s platforms. Generally, FluentPro’s customers determine the categories of Personal Data and other information that are processed and/or temporarily stored by FluentPro, how that information will be used, to whom it will be disclosed, and for what purposes. Similarly, FluentPro’s hosted and non-hosted customers and prospective customers who share data with FluentPro in connection with any of its Services determine which categories of Personal Data will be shared and for what purposes. Consequently, FluentPro does not know the categories of Personal Data to be processed or the purpose(s) of the processing unless and until FluentPro receives instructions from its customers or prospective customers. Many of FluentPro’s products provide automated workflows and processes which are not controlled by FluentPro as a provider of software as a service and platform as a service solutions. The Services may be customized for FluentPro’s customers and/or may contain menus through which FluentPro’s customers may set certain preferences with respect to processing, retention and deletion of Personal Data and other functions.
When FluentPro processes Personal Data, FluentPro does so only for the purpose of providing Services pursuant to the customer’s or prospective customer’s instructions.
4. The Customer’s and Prospective Customer’s Responsibilities with respect to Personal Data
FluentPro customers and prospective customers may choose to include Personal Data among the data stored on FluentPro’s online or cloud platforms or shared with FluentPro in connection with its provision of Services.
FluentPro processes only the Personal Data that its customers or prospective customers have chosen to share with FluentPro. FluentPro has no direct or contractual relationship with Data Subjects. As a result, when a customer or prospective customer shares Personal Data, the customer or prospective customer is solely responsible for satisfying all legal obligations owed directly to each Data Subject under applicable data protection laws.
5. Privacy Shield Principles
Consistent with the provisions of Sections C and D hereof, FluentPro commits to subject to the Privacy Shield’s Principles all Personal Data received by FluentPro in the U.S. from EEA member countries and Switzerland in reliance on the respective Privacy Shield framework.
Data Subjects covered by this Choice Privacy Shield Policy have the right to be notified about FluentPro’s data practices regarding Personal Data received by FluentPro in the U.S. from EEA member countries and Switzerland in reliance on the respective Privacy Shield framework. This includes the types of Personal Data it collects about them, the purposes for which it collects and uses such Personal Data, the types of third parties to which it discloses such Personal Data and the purposes for which it does so, the rights of Data Subjects to access their Personal Data, the choices and means that FluentPro offers for limiting its use and disclosure of such Personal Data, how FluentPro’s obligations under the Privacy Shield are enforced, and how Data Subjects can contact FluentPro with any inquiries or complaints. FluentPro’s customers and potential customers are responsible for providing this notice to Data Subjects whose Personal Data they collect.
Data Subjects have the right to opt out of (a) disclosures of their Personal Data to third parties not identified at the time of collection or subsequently authorized, and (b) uses of Personal Data for purposes materially different from those disclosed at the time of collection or subsequently authorized. FluentPro’s customers and prospective customers are responsible for informing Data Subjects when they have the right to opt out of such uses or disclosures.
Data Subjects who wish to limit the use or disclosure of their Personal Data should submit that request to FluentPro’s customer or prospective customer that controls the use and disclosure of their Personal Data. FluentPro will cooperate with its customers’ and prospective customers’ instructions regarding Data Subjects’ choices.
- Accountability for Onward Transfer
FluentPro will not disclose Personal Data to a third party, except as stated below:
FluentPro may disclose Personal Data to subcontractors and third-party agents who assist FluentPro in providing Services to its customers and prospective customers. Before disclosing Personal Data to a subcontractor or third-party agent, FluentPro will obtain assurances from the recipient that it will: (a) use the Personal Data only to assist FluentPro in providing the Services; (b) provide at least the same level of protection for Personal Data as required by the Privacy Shield Principles; and (c) notify FluentPro if the recipient is no longer able to provide the required protections. Upon notice, FluentPro will act promptly to stop and remediate unauthorized processing of Personal Data by a recipient. FluentPro remains liable under the Privacy Shield Principles if its agent processes Personal Data covered by this Privacy Shield Policy in a manner inconsistent with the Privacy Shield Principles, except where FluentPro is not responsible for the event giving rise to the damage.
FluentPro may also be required to disclose, and may disclose, Personal Data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. To the extent permitted, FluentPro will inform its relevant customer or prospective customer before making such disclosure and provide it with a reasonable opportunity to object to such disclosure.
FluentPro is committed to safeguarding the Personal Data that it receives from the EEA and Switzerland. While FluentPro cannot guarantee the security of Personal Data, FluentPro takes reasonable and appropriate measures to protect Personal Data in FluentPro’s possession from loss, misuse, unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of the Personal Data.
FluentPro utilizes a combination of online and offline security technologies, procedures and organizational measures to help safeguard Personal Data. FluentPro limits access to Personal Data to employees, subcontractors, and third-party agents that have a specific business reason for accessing such Personal Data. Individuals granted access to Personal Data are aware of their responsibilities to protect such information and are provided appropriate training and instruction.
- Data Integrity and Purpose Limitation
FluentPro’s customers and prospective customers are responsible for limiting their collection of Personal Data to that which is necessary to accomplish the purposes disclosed to Data Subjects and compatible purposes. They also are responsible for providing FluentPro with instructions for the processing of Personal Data consistent with such purposes. FluentPro will process Personal Data only in accordance with the customer’s or prospective customer’s instructions.
FluentPro’s customers and prospective customers also are responsible for ensuring that (a) Personal Data they collect is accurate, complete, current and reliable for its intended uses; and (b) Personal Data is retained only for as long as is necessary to accomplish the customer’s or prospective customer’s legitimate business purposes disclosed to the Data Subject and for compatible purposes. FluentPro will cooperate with customers’ and prospective customers’ reasonable requests for assistance in meeting these obligations.
In the performance of Services, FluentPro will request only the minimum amount of information required to perform the applicable Services and will retain such information only for as long as necessary to provide the Services or for compatible purposes, such as to provide additional Services, to comply with legal requirements, or to preserve or defend FluentPro’s legal rights.
Data Subjects have the right to access the Personal Data a data controller holds about them. If such Personal Data is inaccurate or processed in violation of the Privacy Shield Principles, a Data Subject may also request that Personal Data be corrected, amended, or deleted.
When FluentPro receives Personal Data, it does so on its customer’s or prospective customer’s behalf. To request access to, or correction, amendment or deletion of, Personal Data, Data Subjects should contact the FluentPro customer or prospective customer that collected their Personal Data. FluentPro will cooperate with its customers’ and prospective customers’ reasonable requests to assist Data Subjects to exercise their rights under the Privacy Shield
- Recourse, Enforcement, and Liability
FluentPro’s participation in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework is subject to investigation and enforcement by the Federal Trade Commission.
In compliance with the Privacy Shield Principles, FluentPro commits to resolve complaints about your privacy and our collection or use of your Personal Data. Data Subjects with inquiries or complaints regarding this Privacy Shield Policy should first contact FluentPro at: firstname.lastname@example.org.
FluentPro has committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the [United States]. 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 JAMS at https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you. FluentPro has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland.
Under certain conditions detailed in the Privacy Shield, Data Subjects may be able to invoke binding arbitration before the Privacy Shield Panel to be created by the U.S. Department of Commerce and the European Commission.
FluentPro agrees to periodically review and verify its compliance with the Privacy Shield Principles, and to remedy any issues arising out of failure to comply with the Privacy Shield Principles. FluentPro acknowledges that its failure to provide an annual self-certification to the U.S. Department of Commerce will remove it from the Department’s list of Privacy Shield participants.
7. For More Information
Data Subjects with questions about how FluentPro processes Personal Data should first contact the FluentPro customer or prospective customer that collected their Personal Data. FluentPro can be contacted by emailing email@example.com.
8. Changes to this Privacy Shield Policy
This Privacy Shield Policy may be amended from time to time consistent with the requirements of the Privacy Shield. FluentPro will post the revised Privacy Shield Policy at this location.