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SAFE HARBOR PRIVACY POLICY
Arcot Systems, Inc. (“Arcot”) respects the privacy of its customers (and their clients and customers), employees, business partners and others who may use Arcot’s services. This Privacy Policy sets forth the privacy principles that Arcot follows with respect to the protection and transfers of Personal Information (defined below), whether it is in electronic, paper or verbal format, between the United States and the European Union (EU), including on-line, off-line, and manually processed data.
SAFE HARBOR
The United States Department of Commerce and the European Commission have jointly established the “Safe Harbor” program concerning the transfer of Personal Information from the EU to the United States. The established Safe Harbor Principles articulate a set of data protection principles to enable U.S. companies to satisfy EU law requirements for adequate protection of such transferred Personal Information. Arcot has certified to the Safe Harbor program and upholds the privacy standards for Personal Information received from the EU that have been jointly accepted by the European Commission and the U.S. Department of Commerce. If there is a conflict between the provisions of this Privacy Policy and the Safe Harbor Principles, the Safe Harbor Principles shall govern.
As used herein, “Personal Information” means any information or set of information that is transferred from the EU to the United States, is recorded in any form, that can directly or indirectly lead to the identification of a living person, such as an individual’s name, address, e-mail, telephone number, license number, medical identification number, photograph, or other identifying characteristic. The identification can occur by reference to one or more factors specific to the individual’s physical, physiological, mental, economic, cultural or social identity. Personal information does not include information that has been encoded, anonymized or otherwise stripped of its identifiers, or information that is publicly available unless combined with other non-public personal information.
SCOPE
This Privacy Policy governs all Personal Information transferred from countries in the EU to the United States on behalf of Arcot in its provision of services to its customers. It applies to Personal Information in electronic and off-line formats. Adherence to these Privacy Principles may be limited to the extent required to meet a legal, governmental, national security or public interest obligation.
PRIVACY PRINCIPLES
To protect Personal Information, Arcot has adopted the following principles:
Notice and Choice
To the extent permitted by the Safe Harbor Principles, Arcot reserves the right to process Personal Information in the course of providing services to Arcot’s customers without the knowledge of individuals involved. If and when Arcot collects Personal Information directly from individuals in the EU, Arcot shall inform them about the types of Personal Information it collects from them, the purposes for which Arcot collects and uses it, and the types of non-agent third parties to which Arcot discloses that information. Arcot shall also inform those individuals about the choices and means, if any, that Arcot offers to limit the use or disclosure of their information.
Arcot shall not process Personal Information about EU individuals for purposes other than those for which the information was originally obtained or subsequently authorized by the EU individual unless the individual affirmatively and explicitly consents (“opt-in”) to the processing, or unless an exception applies. Arcot also provides EU individuals with the opportunity to withdraw consent at any time (“opt-out”), in which case their Personal Information shall not be further processed. There are certain limitations on the right to opt-out. Consistent with the Safe Harbor requirements, Arcot may not be in a position to furnish notice in certain limited situations. Specifically, notice is not required where the processing of EU Personal Information is necessary to respond to a government inquiry; is required by applicable laws, court orders or government regulations; or is necessary to protect Arcot’ legal interests and providing notice would interfere with those interests.
Disclosures and Transfers
Arcot shall not disclose an individual’s Personal Information to third parties, except when one or more of the following conditions is true:
- Arcot has the individual’s permission to make the disclosure;
- The disclosure is required by law or professional standards;
- The disclosure is reasonably related to the sale or disposition of all or part of Arcot’s business;
- The information in question is publicly available;
- The disclosure is reasonably necessary for the establishment or defense of legal claims; or
- The disclosure is to another Arcot entity or to persons or entities providing services on Arcot’s or the individual’s behalf (each a “transferee”), consistent with the purpose for which the information was obtained, if the transferee, with respect to the information in question:
- has agreed in writing to provide an adequate level of privacy protection;
- is located in the EU or a country considered “adequate” for privacy by the EU Commission, and therefore is required to comply with the EU data protection laws or substantially equivalent privacy laws; or
- has also certified to the Safe Harbor, and is accordingly independently responsible for complying with the Safe Harbor requirements.
Permitted transfers of information, whether to third parties or within Arcot, include the transfer of data from one jurisdiction to another, including transfers to and from the U.S. Because privacy laws vary from one jurisdiction to another, Personal Information may be transferred to a jurisdiction where the laws provide less or different protection than the jurisdiction in which the information originated. Where Arcot has knowledge that a third-party to whom it has provided EU Personal Information is processing that information in a manner contrary to this Statement or the Safe Harbor requirements, Arcot shall take reasonable steps to prevent or stop the processing.
Data Security
Arcot takes data security very seriously and is dedicated to protecting Personal Information from loss, misuse, and unauthorized access, disclosure, alteration and destruction by putting in place appropriate measures and procedures to safeguard Personal Information. To ensure the appropriate use and confidentiality of Personal Information, either for its own purposes or on behalf of its customers and business partners, Arcot has put in place and rigorously enforces appropriate physical, electronic, and managerial procedures to safeguard and secure the Personal Information that Arcot processes. However, Arcot cannot guarantee the security of Personal Information on or transmitted via the Internet.
Data Integrity
Arcot shall only use Personal Information only in ways compatible with the purpose for which it was collected or subsequently authorized by the individual. To the extent necessary for such purposes, Arcot has implemented appropriate technical and managerial procedures to ensure that Personal Information is accurate, complete, current, and otherwise reliable for its intended use. EU individuals have a responsibility to assist Arcot in maintaining accurate, complete and current Personal Information about them.
Access and Correction
Arcot recognizes your right to correct, amend or delete any inaccurate Personal Information you submit to Arcot, except where the rights of a person other than yourself would be violated. If an individual becomes aware that information Arcot maintains about that individual is inaccurate, or if an individual would like to update or review that individual’s information, the individual may contact Arcot using the contact information below. In every case, Arcot shall take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate. The individual seeking to amend such information shall need to provide sufficient identifying information, such as name, address and birth date. Arcot may request additional identifying information as a security precaution. In addition, Arcot may limit or deny access to Personal Information where providing such access would be unreasonably burdensome or expensive in the circumstances, or as otherwise permitted by the Safe Harbor Principles. In some circumstances, Arcot may charge a reasonable fee, where warranted, for access to Personal Information.
Enforcement and Dispute Resolution
Arcot utilizes the self-assessment approach to assure its compliance with this Privacy Policy. Arcot periodically verifies that this Privacy Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented, and in conformity with the Safe Harbor Principles. Arcot shall investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Privacy Policy. Any employee whom Arcot determines is in violation of this Privacy Policy shall be subject to disciplinary process, up to and including termination.
Any claim arising out of or relating to Arcot’s adherence to the EU Data Directive, or the breach thereof, that cannot be resolved through Arcot’s internal processes, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable commercial rules. Any arbitrator shall be either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and information technology. The arbitration panel should apply California law, without regard to its conflict of laws principles, as well as the Safe Harbor Enforcement Principles issued by the U.S. Department of Commerce. In addition, the exclusive location for such arbitration shall be Santa Clara, California. All decisions of the arbitration panel shall be final and binding on the parties, which waive any right to appeal the arbitration award further, to the extent an appeal may be lawfully waived. Arcot is also subject to the jurisdiction of the U.S. Federal Trade Commission.
Changes
Arcot may change this Privacy Policy from time to time, consistent with the requirements of the Safe Harbor Principles or the United States Department of Commerce. Arcot shall publish any amended privacy policy on this website (www.arcot.com).
Information Subject To Other Policies Or Standards
Arcot is committed to following the Safe Harbor Principles for all Personal Information within the scope of the Safe Harbor Agreement. Certain information, however, is subject to policies of Arcot that may differ in some respects from the provisions of this Privacy Policy. Information subject to such additional policies includes information obtained from or relating to a current or former client, customer or business partner that is subject to the terms of any privacy notice to or agreement with such client, customer or business partner, and applicable laws.
Contact Information
Questions or comments regarding Arcot’s Safe Harbor certification and this Privacy Policy should be submitted to Arcot by mail or e-mail as follows:
Director of Compliance
Arcot Systems, Inc.
455 West Maude Ave.
Sunnyvale, CA 94085
info@arcot.com
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