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 Privacy Policy

This privacy policy together with our website terms and conditions and cookie policy set out how we collect personal information and data from you and how the personal information and data you provide will be used or processed by us.  By visiting the website at www.servicesight.com (the “Website”) you are accepting and consenting to the practices described in this privacy policy.  If you do not consent, please do not submit any personal data to us.

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.

1. What information do we hold and how will we use it?1.1 We may collect and process the following data about you:
   1.1.1 Information you give us: You may give us information about yourself by completing inquiry forms on the Website or by corresponding with us by phone, email or otherwise. The information you give us may include your name, email address, address/location and phone number. We will retain this information while we are corresponding with you or fulfilling an order you have placed with us. We will retain this information for 6 years from the end of our working relationship or our contract with you ends;1.1.2 Information we collect about you: We may collect the following information from you when you visit our Website:
   • 1.1.2.1 technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
   • 1.1.2.2 information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from the Website (including date and time), products you viewed or searched for, page response times, Website errors, length of visits to certain pages, page interaction information, methods used to browse away from the page and any phone number used to call our customer services number

We will retain this information for 2 years.

2. Cookies2.1 The Website uses cookies to distinguish you from other users of the Website. For detailed information on the cookies we use and the purposes for which we use them, please see our Cookie Policy https://www.ServiceSight.com/cookie-policy/.

3. Use made of the information3.1 Provided that we have obtained your consent to the extent we are required to Under the Privacy Shield Policy and applicable law, we may use the information we receive and/or collect about you to:
   • 3.1.1 fulfil our obligations under any contract we have entered into with you and to provide you with information, products and services you have requested;
   • 3.1.2 send you newsletters and marketing information if you have consented to us doing so;
   • 3.1.3 notify you of products and services we offer that are similar to those you have purchased or inquired about;
   • 3.1.4 notify you of other products and services we feel may interest you, or permit third parties to do so if you have consented to us doing so;
   • 3.1.5 notify you of changes to our services and products; and
   • 3.1.6 monitor Website usage and provide statistics to third parties for the purposes of improving and developing the Website and the services we provide via the Website.

   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:

   • 3.2.1 where the processing enables us to enhance, modify, personalize or otherwise improve the Website, our services and communications for the benefit of our customers;
   • 3.2.2 to identify and prevent fraud;
   • 3.2.3 to enhance the security of our network and information systems;
   • 3.2.4 to better understand how people interact with our websites;
   • 3.2.5 administer the Website and carry out data analysis, troubleshooting and testing; and
   • 3.2.6 to determine the effectiveness of promotional campaigns and advertising.

   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 marketing@proteansoftware.co.uk. 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 marketing@proteansoftware.co.uk 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.

4. Third Party Sites
   
   4.1 Our site may contain links to third party websites, including websites via which you are able to purchase products and services. They are provided for your convenience only and we do not check, endorse, approve or agree with such third party websites nor the products and/or services offered and sold on them. We have no responsibility for the content, product and/or services of the linked websites. Please ensure you review all terms and conditions of website use and privacy policy of any such third party websites before use and before you submit any personal data to such websites.

5. How safe is your information?
   
   5.1 Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.5.2 Protecting your security and privacy is important to us and we make every effort to secure your information and maintain your confidentiality in accordance with the terms of this policy, the Privacy Shield Policy and applicable law. The Website is protected by various levels of security technology, which are designed to protect your information from any unauthorised or unlawful access, processing, accidental loss, destruction and damage.5.3 We will do our best to protect your personal data but the transmission of information via the Internet is not completely secure. Any such transmission is therefore at your own risk.

6. Disclosure of your information
   
   6.1 We may share your personal information with any member of our group of companies, which means our subsidiaries, our parent holding company or any of its subsidiaries.6.2 We may share your information with selected third parties in a manner consistent with the Principles including:
   • 6.2.1 business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
   • 6.2.2 third parties who may wish to contact you in respect of services and/or products they offer or sell which may be of interest to you, provided we receive your consent to such disclosure; and/or
   • 6.2.3 advertisers and advertising networks that require the data to select and serve relevant adverts to you and analytics and search engine providers that assist us in the improvement and optimization of the Website.

   6.3 Please note that we may need to disclose your personal information where we:

   • 6.3.1 sell any or all of our business or assets or we buy another business or assets in which case we may disclose your personal data to the prospective buyer or seller;
   • 6.3.2 are under a legal duty to comply with any legal obligation or in order to enforce or apply our terms and conditions; or
   • 6.3.3 need to disclose it to protect our rights, property or safety of our customers or others, including the exchange of information with other companies, organizations and/or governmental bodies for the purposes of fraud protection and credit risk reduction.

7. Your rights in respect of your data
   
   7.1.1 Access to your information
   
   You can ask us to confirm that we process your personal data and provide access to and copies of the information we hold about you by contacting us at Protean Software Ltd, 1130-1140 Elliot Court, Herald Avenue, Coventry Business Park, Coventry CV5 6UB. United Kingdom. We will process your request to access your information and provide this information to you free of charge unless your request is manifestly unfounded or excessive or repetitive, in which case we are entitled to charge a reasonable fee. We may also charge a reasonable fee if you request more than one copy of the same information. We will provide the information you request as soon as possible and in any event within one month of receiving your request, unless there are extenuating circumstances. If we need more information to comply with your request, we will let you know.7.1.2 Rectification of your dataIf you believe personal data we hold about you is inaccurate or incomplete, or any of the information you provide to us changes, please let us know as soon as possible so that we can make the necessary changes to the information we hold for you on our database.  If you wish to make any changes to your information, please contact us at Protean Software Ltd, 1130-1140 Elliot Court, Herald Avenue, Coventry Business Park, Coventry CV5 6UB. United Kingdom.We will comply with your request within one month of receiving it, unless we do not feel it is appropriate for us to do so in which case we will let you know why. We will also let you know if we need more time to comply with your request.

   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:

   • where we no longer need your personal data for the purpose for which we collected it;
   • where we have collected your personal data on the grounds of consent and you withdraw that consent;
   • where you object to the processing and we do not have any overriding legitimate interests to continuing processing the data;
   • where the personal data has to be deleted to comply with a legal obligation; and
   • where the personal data we process relates to the offer of online services to a child.

   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:

   • if you believe the personal data we hold is not accurate – we will cease processing it until we can verify its accuracy;
   • if you have objected to us processing the data (see below) – we will cease processing it until we have determined whether our legitimate interests override your objection;
   • if the processing is unlawful; or
   • if we no longer need the data but you would like us to keep it because you need it to establish, exercise or defend a legal claim.

   You are entitled to object to us processing your personal data:

   • if the processing is based on legitimate interests or performance of a task in the public interest or exercise of official authority;
   • for direct marketing purposes (including profiling); and/or
   • for the purposes of scientific or historical research and statistics.

   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:

   • to personal data you provide to us;
   • where processing is based on your consent or for performance of a contract (i.e. the right does not apply if we process your personal data on the grounds of legitimate interests); and
   • where we carry out the processing by automated means.

   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.

   7.2 Complaints

   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

   If you have any queries or comments on our privacy policy, please contact us by emailing the Data Security Manager at Protean Software Ltd, 1130-1140 Elliot Court, Herald Avenue, Coventry Business Park, Coventry CV5 6UB. United Kingdom. We always welcome your views about our Website and our privacy policy.

   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 1^st, 2020