l. Services Personal Information Data Processing Terms
Describes the privacy and security practices that Essentium, Inc. and its affiliates (“Essentium”) employ when handling Services Personal Information (Customer Data on Essentium’s products), as defined below for the provision of Technical Support, Consulting, Cloud or other services (the “Services”) provided to Essentium customers (“You” or “Your”) during the term of Your order for Services.
Services Personal Information might be personal information that is provided by You, resides on Essentium’s platform, customer or third-party systems and environments, and is processed by Essentium on Your behalf in order to perform the Services. Services Personal Information may include, depending on the Services: information concerning family, lifestyle and social circumstances; employment details; financial details; online identifiers such as mobile device IDs and IP addresses, and first party online behavior and interest data. Services Personal Information may relate to Your representatives and end users, such as Your employees, job applicants, contractors, collaborators, partners, suppliers, customers and clients.
ll. System & Platform Operations Data Processing Terms describes the privacy and security practices that apply to personal information that may be incidentally contained in Systems & Platform Operation Data that is generated by the interaction of end-users of our Services & Platform(s) (“Users”) with the Essentium systems & platforms network connections used to examine, inspect, safeguard and deliver Services to our customer base.
Systems & Platforms Operations Data may include log files, event files, and other trace and diagnostic files, as well as statistical and aggregated information that relates to the use and operation of our Services, and the systems, platforms and networks these Services run on.
III. Communications and Notifications to Customers and Users applies to both Services Personal Information and personal information contained in Systems & Platforms Operations Data, describes how Essentium handles legally required disclosure requests, and informs You and Users how to communicate with Essentium’s Global Data Protection Officer or file a complaint.
The definitions of Services Personal Information and Systems & Platforms Operations Data do not include Your or User contact and related information collected from the use of Essentium websites, or Your or User interactions with us during the contracting process.
l. SERVICES PERSONAL INFORMATION DATA PROCESSING TERMS
Essentium treats all Services Personal Information in accordance with the terms of Sections I and III of this Policy and Your order for Services.
Essentium may process Services Personal Information for the processing activities necessary to perform the Services, including for testing and applying new product or system versions, patches, updates and upgrades, and resolving bugs and other issues You have reported to Essentium.
You are the controller of the Services Personal Information processed by Essentium to perform the Services. Essentium will process your Services Personal Information as specified in Your Services order and Your documented additional written instructions to the extent necessary for Essentium to (i) comply with its processor obligations under applicable data protection law or (ii) assist You to comply with Your controller obligations under applicable data protection law relevant to Your use of the Services. Essentium will promptly inform You if, in our reasonable opinion, Your instruction infringes applicable data protection law. Additional fees may apply.
You control access to Your Services Personal Information by Your end users, and Your end users should direct any requests related to their Services Personal Information to You. To the extent such access is not available to You, Essentium will provide reasonable assistance with requests from individuals to access, delete or erase, restrict, rectify, receive and transmit, block access to or object to processing of Services Personal Information on Essentium systems & platforms.
Essentium has implemented and will maintain technical and organizational measures designed to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Services Personal Information. These measures, which are generally aligned with the ISO/IEC 27001:2013 standard, govern all areas of security applicable to the Services, including physical access, system access, data access, transmission, input, security oversight, and enforcement.
Essentium employees are required to maintain the confidentiality of personal information. Employees' obligations include written confidentiality agreements, regular training on information protection, and compliance with company policies concerning protection of confidential information. Specific security measures that apply to the Services are set out in Essentium’s security practices for these Services, including regarding data retention and deletion.
Essentium promptly evaluates and responds to incidents that create suspicion of or indicate unauthorized access to or handling of Services Personal Information.
If Essentium becomes aware and determines that an incident involving Services Personal Information qualifies as a breach of security leading to the misappropriation or accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Services Personal Information transmitted, stored or otherwise processed on Essentium systems that compromises the security, confidentiality or integrity of such Services Personal Information, Essentium will report such breach to You without undue delay.
As information regarding the breach is collected or otherwise reasonably becomes available to Essentium and to the extent permitted by law, Essentium will provide You with additional relevant information concerning the breach reasonably known or available to Essentium.
To the extent Essentium engages third party subprocessors to have access to Services Personal Information in order to assist in the provision of Services, such subprocessors shall be subject to the same level of data protection and security as Essentium under the terms of Your order for Services. Essentium is responsible for its subprocessors’ compliance with the terms of Your order for Services.
Essentium may transfer, access and store Services Personal Data globally as necessary to perform the Services.
To the extent such global access involves a transfer of Services Personal Information originating from the European Economic Area and the United Kingdom (“EEA”) and/or Switzerland to Essentium affiliates or third party subprocessors located in countries outside the EEA or Switzerland that have not received a binding adequacy decision by the European Commission or by a competent national EEA data protection authority, such transfers are subject to binding and appropriate transfer mechanisms that provide an adequate level of protection in compliance with applicable data protection law, such as EU Model Clauses.
Essentium also 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 Services Personal Information when You and Essentium have agreed by contract that transfers of such information from the EEA or Switzerland will be transferred and processed pursuant to the Privacy Shield for the relevant Services. Essentium will then be responsible for ensuring that third parties acting as an agent on our behalf do the same.
With respect to Services Personal Information received or transferred pursuant to the Privacy Shield Framework, Essentium is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission and commits to cooperate with EU data protection authorities and the Swiss FDPIC.
The audit shall be conducted no more than once during a twelve-month period, during regular business hours, subject to Essentium’s on-site policies and regulations, and may not unreasonably interfere with business activities. If You would like to use a third party to conduct the audit, the third-party auditor shall be mutually agreed to by the parties and the third-party auditor must execute a written confidentiality agreement acceptable to Essentium. Upon completion of the audit, You will provide Essentium with a copy of the audit report, which is classified as confidential information under the terms of Your agreement with Essentium.
Essentium will contribute to such audits by providing You with the information and assistance reasonably necessary to conduct the audit, including any relevant records of processing activities applicable to the Services. You agree to accept the findings presented in the third party audit report in lieu of requesting an audit of the same controls covered by the report. Additional audit terms may be included in Your order for Services.
Except as otherwise specified in an order for services or required by law, upon termination of services or at your request, Essentium will delete your production customer data located on Essentium computers in a manner designed to ensure that they cannot reasonably be accessed or read, unless there is a legal obligation imposed on Essentium preventing it from deleting all or part of the data. You may consult with your Essentium services contact for additional information on data deletion prior to service completion.
ll. SYSTEMS & PLATFORMS OPERATIONS DATA PROCESSING TERMS
Essentium, Inc. and its affiliated entities are responsible for processing personal information that may be incidentally contained in Systems Operations Data in accordance with Sections II and III of this Policy.
We may collect or generate Systems Operations Data for the following purposes:
For personal information contained in Systems & Platforms Operations Data collected in the EU, our legal basis for processing such information is our legitimate interest in performing, maintaining and securing our products and services and operating our business in an efficient and appropriate manner. Personal information may also be processed based on our legal obligations or legitimate interest to comply with such legal obligations.
Personal information contained in Systems & Platforms Operations Data may be shared throughout Essentium's global organization. We may also share such personal information with the following third parties:
If personal information contained in Systems & Platforms Operations Data is transferred to an Essentium recipient in a country that does not provide an adequate level of protection for personal information, Essentium will take measures designed to adequately protect information about Users, such as ensuring that such transfers are subject to the terms of the EU Model Clauses.
Essentium has implemented appropriate technical, physical and organizational measures in accordance with the Essentium, Inc’s Security Practices designed to protect personal information against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorized disclosure or access as well as all other forms of unlawful processing (including, but not limited to, unnecessary collection) or further processing.
To the extent provided under applicable laws, Users may request to access, correct, update or delete personal information contained in Systems & Platforms Operations Data in certain cases, or otherwise exercise their choices with regard to their personal information by contacting: firstname.lastname@example.org
III. COMMUNICATIONS AND NOTIFICATIONS TO CUSTOMERS AND USERS
Essentium may be required to provide access to Services Personal Information and to personal information contained in Systems & Platforms Operations Data as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect Your or a User’s safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities outside Your or a User’s country of residence, for national security and/or law enforcement purposes.
Essentium will promptly inform You of requests to provide access to Services Personal Information, unless otherwise required by law.
Written inquiries to the Data Protection Officer may be addressed to:
19025 N. Heatherwilde Boulevard, Suite 100
Pflugerville, TX 78660, United States of America
If You or a User have any complaints regarding our compliance with our privacy and security practices, please contact us first. We will investigate and attempt to resolve any complaints and disputes regarding our privacy practices.
Users that have an unresolved privacy or data use concern that we have not addressed satisfactorily, can contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, specified on the Privacy Shield website, Users may invoke binding arbitration when other dispute resolution procedures have been exhausted. Users also have the right to file a complaint with a competent data protection authority if they are a resident of a European Union member state.
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