Privacy Shield Policy
We are Protean Software America, LLC, a company organized in Wisconsin with its primary place of business at 635 3rd Street, Beloit, Wisconsin 53511(“we”/ “our” / “us”). We, along with our parent company, Protean Software Ltd., based in the United Kingdom, are committed to ensuring that your privacy is protected. In order to best protect the personal data of Website users, Protean Software America, LLC and Protean Software Ltd. have decided to comply with the EU-U.S. Privacy Shield Framework (“Privacy Shield Framework”). The Privacy Shield is a data protection framework designed by the U.S. Department of Commerce, the European Commission and Swiss Administration to provide European and United States companies with a mechanism to comply with data protection requirements when transferring personal data from the European Union (“EU”), Switzerland and the United States in support of transatlantic commerce. The following link will take you to a list of all companies that participate in the Privacy Shield: https://www.privacyshield.gov/list. We shall maintain a Privacy Shield policy (the “Privacy Shield Policy”) in order to comply with the seven Privacy Shield Principles (the “Principles”). Below are the seven Principles we agree to comply with.
Privacy Shield Principles
I. Notice. We shall notify you about our data practices regarding personal data received by us in the U.S. from EU member countries and Switzerland in reliance on the Privacy Shield Framework, including types of personal data and information we collect about you, the purposes for which we collect and use such personal data, the types of third parties to which we disclose such personal data and the purposes for which we do so, your rights to access your personal data, the choices and means that we offer for limiting our use and disclosure of such personal data, how our obligations under the Privacy Shield Framework are enforced, and how you can contact us with any inquiries or complaints.
For the purposes of this Privacy Shield Policy, “personal data” or “personal information” shall mean any of your information that can be used to identify you either on its own or in combination with other readily available data. “Sensitive personal data” shall mean personal data regarding your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, criminal history, physical or mental health, or sexual life
II. Choice. If personal data covered by this Privacy Shield Policy is to be used for a new purpose that is materially different from that for which the personal data was originally collected or subsequently authorized, or is to be disclosed to a non-agent third party, we will provide you with an opportunity to choose whether to have your personal data so used or disclosed. Requests to opt out of such uses or disclosures of Personal Data should be sent to: Protean Software Ltd, 1130-1140 Elliot Court, Herald Avenue, Coventry Business Park, Coventry CV5 6UB. United Kingdom.
If sensitive personal data covered by this Privacy Shield Policy is to be used for a new purpose that is different from that for which the personal data was originally collected or subsequently authorized, or is to be disclosed to a third party, we will obtain your explicit consent prior to such use or disclosure.
III. Accountability for Onward Transfer. In the event we transfer personal data covered by this Privacy Shield Policy to a third party acting as a controller, we will do so consistent with any notice provided to you and any consent you have given, and only if the third party has given us contractual assurances that it will (i) process the personal data for limited and specified purposes consistent with any consent provided by you, (ii) provide at least the same level of protection as is required by the Principles and notify us if it makes a determination that it cannot do so; and (iii) cease processing of the personal data or take other reasonable and appropriate steps to remediate if it makes such a determination. If we have knowledge that a third party acting as a controller is processing personal data covered by this Privacy Shield Policy in a way that is contrary to the Principles, we will take reasonable steps to prevent or stop such processing.
With respect to our agents, we will transfer only the personal data covered by this Privacy Shield Policy needed for an agent to deliver to us the requested product or service. Furthermore, we will (i) permit the agent to process such personal data only for limited and specified purposes; (ii) require the agent to provide at least the same level of privacy protection as is required by the Principles; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the personal data transferred in a manner consistent with our obligations under the Principles; and (iv) require the agent to notify us if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles. Upon receiving notice from an agent that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, we will take reasonable and appropriate steps to stop and remediate unauthorized processing.
We remain liable under the Principles if an agent processes personal data covered by this Privacy Shield Policy in a manner inconsistent with the Principles, except where we are not responsible for the event giving rise to the damage.
IV. Security. We take reasonable and appropriate measures to protect personal data covered by this Privacy Shield Policy from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into due account the risks involved in the processing and the nature of the personal data.
V. Data Integrity and Purpose Limitation. We collect and process personal information only to the extent that it is compatible with the purposes for which it was collected or subsequently authorized by you. We do not retain personal information after it no longer serves the purposes for which it was collected or subsequently authorized. We take reasonable steps to ensure that personal information is accurate, complete, current, and reliable for its intended use.
VI. Access. You have the right to access your personal data and to correct, amend, or delete such personal data if it is inaccurate or has been processed in violation of the Principles (except when the burden or expense of providing access, correction, amendment, or deletion would be disproportionate to the risks to your privacy, or where the rights of persons other than you would be violated). Requests for access, correction, amendment, or deletion should be sent to: Protean Software Ltd, 1130-1140 Elliot Court, Herald Avenue, Coventry Business Park, Coventry CV5 6UB. United Kingdom.
VII. Recourse, Enforcement and Liability. Our participation in the Privacy Shield Framework is subject to investigation and enforcement by the Federal Trade Commission. In compliance with the Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your personal data. If you have inquiries or complaints regarding this Privacy Shield Policy you should first contact us at: Protean Software Ltd, 1130-1140 Elliot Court, Herald Avenue, Coventry Business Park, Coventry CV5 6UB. United Kingdom.
In the event we are unable to resolve your concern, you may contact JAMS, (https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim) which provides an independent third-party dispute resolution body based in the United States, and they will investigate and assist you free of charge. Under certain conditions detailed in the Privacy Shield, you 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.
We agree to periodically review and verify our compliance with the Principles, and to remedy any issues arising out of failure to comply with the Principles. We acknowledge that our failure to provide an annual self-certification to the U.S. Department of Commerce will result in our removal from the Department’s list of Privacy Shield participants,
Our Data Security Manager can be contacted using the following address DSM@proteansoftware.co.uk or alternatively writing to our principal address set out above and marking it for the attention of the Data Security Manager.
We will retain this information for 2 years.
3.2 We collect and process much of your personal information on the grounds of legitimate interests, which include some or all of the following:
3.3. If we require your personal data for fulfillment of a contract with you (for example to provide goods and services you have requested), we may be unable to fulfill the contract without your personal data.
3.4 If we are unable to rely on legitimate interests, we will obtain consent from you to the processing.
3.5 If we obtain consent from you to do so, we may provide your personal details to third parties according to Principle III above so that they can contact you directly in respect of services and/or products in which you may be interested.
3.6 You have the right to withdraw your consent to the processing of your personal data at any time. If you would like to withdraw your consent, or prefer not to receive any of the above-mentioned information (or if you only want to receive certain information) from us please let us know by contacting us via the following webpage email@example.com. Please bear in mind that if you object this may affect our ability to carry out tasks above for your benefit. Withdrawal of your consent will not affect any processing we have carried out in respect of your personal data prior to you withdrawing consent.
3.7 If you wish to have your information removed from our database or if you do not want us to contact you for marketing purposes, please let us know by clicking the “Unsubscribe” option in any email we send to you and providing the details requested or by contacting us via the following webpage firstname.lastname@example.org and we will
3.8 We will not share, sell or distribute any of the information you provide to us (other than as set out in this policy) without your prior consent, unless required to do so by law.
6.3 Please note that we may need to disclose your personal information where we:
7.1.3 Right to be forgotten
In some circumstances, you have the right to ask us to delete personal data we hold about you. In addition to the circumstances described in Principle VI above, this right is available to you:
There are certain scenarios in which we are entitled to refuse to comply with a request. If any of those apply, we will let you know.
To request that your information is deleted, please contact us at Protean Software Ltd, 1130-1140 Elliot Court, Herald Avenue, Coventry Business Park, Coventry CV5 6UB. United Kingdom.
7.1.4 Right to restrict / object to processing
In some circumstances you are entitled to ask us to suppress processing of your personal data. This means we will stop actively processing your personal data but we do not have to delete it. This right is available to you:
You are entitled to object to us processing your personal data:
In order to object, you must have grounds for doing so based on your particular situation. We will stop processing your data unless we can demonstrate that there are compelling legitimate grounds which override your interests, rights and freedoms or the processing is for the establishment, exercise or defense of a legal claim.
If you wish to restrict or object to the processing of your information, please contact us at Protean Software Ltd, 1130-1140 Elliot Court, Herald Avenue, Coventry Business Park, Coventry CV5 6UB. United Kingdom.
7.1.5 Data Portability
You have the right to ask us to provide your personal data in a structured, commonly used and machine-readable format so that you are able to transmit the personal data to another data controller. This right only applies:
We will respond to your request as soon as possible and in any event within one month from the date we receive it. If we need more time, we will let you know.
If you have any complaints about our use of your personal data, please contact us by any of the means stated in this policy.
In compliance with the Privacy Shield Principles, Protean Software America LLC commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Bob Anderson at:
Protean Software Ltd, 1130-1140 Herald Avenue, Elliott Court, Coventry Business Park, Coventry CV5 6UB. UK.
Protean Software has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU.
7.3 Questions and Comments
7.4 Changes to Policy
We may update this policy from time to time. Any material changes will be posted to this page.
4820-7671-0053, v. 1
Updated effective April 1st, 2020