EU-U.S. and Swiss-U.S. Privacy Shield Policy

1. INTRODUCTION.

Accelize subscribes to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively, "Privacy Shield"). Accelize adheres to the Privacy Shield Principles, including the Supplemental Principles, (collectively, the "Privacy Shield Principles") for Personal Data received from entities in the European Economic Area (the "EEA"), the United Kingdom ("UK"), and Switzerland, as put forward by the United States Department of Commerce, the European Commission, and the Swiss Administration, and as such terms are defined therein. More about the Privacy Shield program is available at http://www.privacyshield.gov. 

This Accelize Privacy Shield Policy ("Privacy Shield Policy") and the Accelize Privacy Policy describe the privacy practices put in place and implemented for Personal Data received from the EEA, the UK, or Switzerland in reliance on the Privacy Shield. 

This Privacy Shield Policy utilizes capitalized terms which are defined as set forth in the Accelize Privacy Policy. Any conflict between the terms in this Privacy Shield Policy as concerns Personal Data received under the Privacy Shield, the Privacy Shield Principles shall govern.

2. CHANGES TO THE POLICY.

Accelize reserves the right to make changes to this Policy at any time and for any reason, including updates or modifications consistent with the requirements of the Privacy Shield and in accordance with the process described in the Accelize Privacy Policy. Accelize will alert users to any changes by updating the "Last Updated" date of this Policy. Any changes or modifications will be effective immediately upon posting the updated Policy on the Accelize Sites, and users waive the right to receive specific notice of each such modification. Users will be deemed to have accepted the changes in any revised Policy by continued use of the Accelize Sites after the date such revised Policy is posted.

3. PRIVACY SHIELD PRINCIPLES.

3.1 Notice and Choice. 

3.1.1 ​Accelize's Privacy Policy describes how Accelize uses Personal Data received from different sources. This Privacy Shield Policy describes how Accelize processes Personal Data covered by the Privacy Shield.

3.1.2 ​Accelize may act as an agent for users in relation to Personal Data that users provide or make available to Accelize. Accelize does not typically have a relationship with user's customers, and users are responsible for ensuring that their customers are provided with appropriate notice and choice with respect to Personal Data.

3.1.3 ​In its role as a controller, and as required by applicable laws and regulations, Accelize offers individuals in the EU, UK, and Switzerland (collectively, "EEA/UK/CH Consumers") the opportunity to choose whether their Personal Data may be (i) disclosed to third party controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant EEA/UK/CH Consumer. To the extent required by the Privacy Shield Principles, Accelize obtains opt-in consent for certain uses and disclosures of sensitive data. EEA/UK/CH Consumers may contact Accelize as provided in Section 4 regarding Accelize's use or disclosure of Personal Data. Unless Accelize offers EEA/UK/CH Consumers an appropriate choice, Accelize uses Personal Data only for purposes that are materially the same as those indicated in the Privacy Policy.

3.2 ​Data Integrity and Purpose Limitation. Accelize only collects and processes Personal Data relevant to providing the Accelize Services or as otherwise indicated to the user. Accelize takes reasonable steps to ensure that Personal Data received under the Privacy Shield is necessary for Accelize's Services, and is accurate, complete, and current.

3.3 Accountability for Onward Transfers.

3.3.1 ​This Privacy Shield Policy and the Accelize Privacy Policy describe how Accelize shares Personal Data.

3.3.2 Except as permitted or required by applicable laws and regulations, and in accordance with Accelize's role as a controller or processor, Accelize provides EEA/UK/CH Consumers with an opportunity to opt out of sharing Personal Data with third party controllers. Accelize requires third party controllers to whom it discloses the Personal Data of EEA/UK/CH Consumers to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant EEA/UK/CH Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify Accelize and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third party controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.

3.3.3 Accelize may disclose Personal Data to trusted third parties as indicated in the Privacy Policy without offering an opportunity to opt out. Accelize requires that its agents and service providers that have access to Personal Data within the scope of this Privacy Shield Policy provide the same level of protection as required by the Privacy Shield Principles. Accelize requires that its agents process Personal Data received under the Privacy Shield in a manner consistent with Accelize's obligations under the Privacy Shield Principles, unless Accelize can prove that it is not responsible for the event giving rise to the damage.

3.3.4 ​Accelize may need to disclose Personal Data in response to lawful requests by public authorities, for law enforcement or national security reasons, or when such action is necessary to comply with a judicial proceeding or court order, or when otherwise required by law. Accelize does not offer an opportunity to opt out from this category of disclosure.

3.4 ​Data Security. Accelize uses reasonable and appropriate physical, electronic, and administrative safeguards to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the nature of the Personal Data and the risks involved in processing that information.

3.5 Access to Personal Data.

3.5.1 ​Accelize's Privacy Policy lays out how users may access and/or submit requests to review, correct, update, suppress, or delete Personal Data. Users may request to review and correct Personal Data that Accelize maintains by sending a written request according to Section 4. Accelize may limit or deny access to Personal Data where providing such access is unreasonably burdensome, expensive under the circumstances, or as otherwise permitted by the Privacy Shield Principles.

3.5.2 ​When Accelize acts on behalf of users, Accelize will assist such users in responding to individuals exercising their rights under the Privacy Shield Principles.

3.5.3 ​Customers of a particular Accelize user should contact the user directly with their request to access or limit the use or disclosure of Personal Data. If user's customers contact Accelize with the name of the user to whom they provided Personal Data, Accelize will refer the request to that user and support them in responding to the access request.

3.6 Recourse, Enforcement, and Dispute Resolution.

3.6.1 ​Any questions or concerns should be addressed to Accelize as set forth in Section 4. Accelize will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Data in accordance with the Privacy Shield Principles.

3.6.2 ​In the event that Accelize is unable to resolve Personal Data concerns, users may contact JAMS (via https://www.jamsadr.com/eu-us-privacy-shield) to provide an independent third party dispute resolution body based in the United States, and which operates on behalf of Accelize users free of charge. A binding arbitration option may also be available to address residual complaints not resolved by any other means. Accelize is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.

4. CONTACT INFORMATION.

Questions or concerns regarding this Privacy Shield Policy should be directed to Accelize:

Email:

privacy@accelize.com

Mailing Address: 

Accelize, Inc.
2570, North First Street
San Jose, CA 95131-1036
USA
ATTN: Accelize Legal