Arcserve LLC / EU-US Privacy Shield Policy

Arcserve LLC is committed to protecting your privacy. We publish our Privacy Policy so that you can understand our privacy practices and how they help protect your privacy.

Arcserve LLC is a trans-national business headquartered in the United States. Our management structure and business processes cross borders. Some of our technological systems and databases are shared between our US, European, and other international offices. This means that our customer and employee data is transferred across borders.

Arcserve LLC and each of its subsidiaries that may from time to time handle personal information collected from individuals located within European Union member countries comply with the EU-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, onward transfer and retention of personal information from European Union member countries. Arcserve LLC has certified that it adheres to the EU-US Privacy Shield Principles of:

  • Notice
  • Choice
  • Accountability for onward transfer
  • Security
  • Data integrity and purposes limitation
  • Access
  • Recourse, enforcement and liability

Arcserve LLC complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Arcserve LLC has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Arcserve LLC is under the jurisdiction as well as the investigatory and enforcement powers of the US Federal Trade Commission for the purposes of the EU-US Privacy Shield Framework.

Scope

This Policy applies to all information collected by Arcserve LLC from which an individual can be identified (“Personal Information”). The Personal Information we collect includes the Employee Information described below as well as certain information including names, email addresses, mailing and billing addresses and telephone and fax numbers collected from customers, potential customers and end users of our products and services for sales, marketing, order fulfilment and order delivery purposes. Additionally, in our section on Online Information we also discuss how we gather and use all information gathered online even if it is not Personal Information. Arcserve LLC will not deviate from this Policy even if applicable national laws are less stringent than this Policy.

Notice

Excluding our Employee Information which is discussed below, we collect, process and use your Personal Information only as a part of our business relationship with you and your company, including contract and billing administration; product and service delivery; fulfilling our business obligations to our customers and resellers; communicating with customers and potential customers about marketing and technical information concerning our products and services; notifying our customers and potential customers regarding product launches and important events related to Arcserve LLC; and other related business activities of which you are informed at the time your Personal Information is collected or as soon thereafter as practicable. Arcserve LLC only collects personally identifiable information about individuals when such individuals specifically provide such information to us on a voluntary basis or while requesting information on our products or services. We may disclose Personal Information to our agents, resellers and business partners or to protect and defend the rights or property of Arcserve LLC. Arcserve LLC must reply to lawful requests from public authorities, including to meet national security or law enforcement requirements, for disclosure of Personal Information.

Arcserve LLC does not sell, lease, or rent Personal Information to third parties.

Online Information

In general, you may visit our Websites without providing any Personal Information. However, you may choose to provide us with Personal Information by completing online forms. At the point of collection we will inform you of how your Personal Information will be used. Apart from these uses, Arcserve LLC will only use your Personal Information in accordance with the terms of this Policy.

Use of Cookies

Cookies are small files that a site transfers to your computer’s hard drive through your web browser (if you allow) that enables it to recognize your browser and capture and remember certain information. A cookie cannot read data off your hard drive or read cookie files created by other sites. Cookies may do things like allow you to navigate faster through the site, remember your preferences and passwords and generally improve the user experience. You can turn off the ability to receive cookies by adjusting your browser settings – please note that if you do so, this may affect the functionality of the website and the information you can access through it.

Arcserve LLC uses cookies to compile aggregate data about website traffic and interaction so that we can offer better site experience and content in the future. We use third-party companies such as Google-Analytics to assist us in understanding our website visitors.

Employee Information

We collect Employee Information from prospective and present Employees only for legitimate business purposes, including:

(1) the management and operations of our company, its functions and activities,
(2) Employee communications, including Employee surveys,
(3) maintaining a global directory,
(4) carrying out obligations under employment contracts and employment, tax and benefits laws, and in connection with other working relationships or arrangements,
(5) development and training programs,
(6) recruiting and hiring job applicants,
(7) assessing qualifications and performance,
(8) performing background checks and verifying references where applicable,
(9) managing Employee performance,
(10) determining Employee compensation or payment,
(11) managing the Employee termination process, and
(12) other general human resources purposes.

Our European Union Employees at the time of their employment are notified in detail how their Personal Information will be used. Employee information on health, performance evaluations and disciplinary actions and other sensitive Employee matters, whether it is stored manually or electronically, is accessible by other Arcserve LLC Employees only if necessary with respect to legitimate human resource functions or issues. Arcserve LLC will obtain affirmative consent from an Employee before using such Employee’s Personal Information for any purpose other than described above. Employees may decline to provide this consent and may withdraw their consent at any time.

For legitimate human resources purposes, Employees may choose to voluntarily disclose Personal Information about family members. If our Employees choose to do this, their family member’s Personal Information shall be treated, for the purposes of this Policy, the same as an Employee’s Personal Information. Employee Personal Information is never sold, leased or rented to any third party. Employee Personal Information will never be disclosed to third parties except as follows:

(1) to those retained by Arcserve LLC as agents for the purposes set forth in the paragraph above,
(2) where required pursuant to an applicable law, government or judicial order, law or regulation, or to protect the rights or property of Arcserve LLC,
(3) where authorised in writing by the Employee, and
(4) where the Employee voluntarily provides Personal Information and the context makes it clear such information will be provided to a third party.

Where personal data is transferred from the EU to the US in the context of the employment relationship, we will cooperate in investigations by and to comply with the advice of the competent EU Authorities.

Data Centers

Arcserve will cooperate with its Data Center Customers to ensure compliance with the Privacy Shield Principles.

If individuals whose Personal Data is stored at Arcserve’s Data Centers require access to, or want to limit the use and disclosure of, their Personal Data, those individuals should contact the Customer at the address provided by the Customer in its Notice at the time the Personal Data was collected by the Customer. Arcserve will cooperate with the Customer to provide access to individuals whose Personal Data is stored at Arcserve’s Data Centers in accordance with the Privacy Shield Principles.

Arcserve’s employees do not have access to Personal Data stored at Data Centers owned by Arcserve, except incidental access if the Customer requests technical assistance based on the services purchased from Arcserve. Arcserve will comply with a request to provide access to its Data Centers that host information systems that store Personal Data only in response to lawful requests by public authorities, including meeting national security or law enforcement requirements, in accordance with the Privacy Shield Principles.

Arcserve does not transfer or disclose Personal Data stored in information systems at its Data Centers unless it is directed to do so by the Customer. The Customer will be responsible for complying with the Accountability for Onward Transfers Principles for any transfer of Personal Data initiated by the Customer.

Choice

We will always give you an opportunity to choose opt-out before your Personal Information is (1) disclosed to a third party (other than a Arcserve LLC agent doing work at our direction), or (2) to be used for a purpose that is materially different than that for which it was originally collected or subsequently authorised by you. Although we do not ever anticipate providing sensitive Personal Information, such as Employee health information, to a non-agent third party or using it for a purpose other than that for which it was collected, we will never do so without first allowing the individual involved to affirmatively and expressly consent (opt-in) to such transfer or use. The only exception to this choice for both sensitive and non-sensitive Personal Information would be where we are required to disclose your Personal Information pursuant to government or judicial order, law or regulation to meet national security or law enforcement requirements.

At a minimum, you will always be able to opt-out from receiving marketing materials from Arcserve LLC. If we determine that applicable national law requires that more stringent requirements (opt-in) be applied before you receive marketing material or other communications from us, we will implement the same.

Accountability for Onward Transfer

We will not transfer Personal Information originating in the EU to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of privacy protection to your Personal Information as required by the Principles of the EU-US Privacy Shield Framework. We will only transfer data to our agents, resellers or third party service providers (such as accountants, attorneys, consultants and other service providers) who need the information in order to provide services or to perform activities on behalf of Arcserve LLC, including in connection with the delivery of services or products, Arcserve’s management, or legal responsibilities. We acknowledge our liability for such data transfers to third parties.

To protect Personal Information collected and stored by Arcserve LLC, we have in place reasonable and appropriate technical and operational security measures to prevent Personal Information from loss, misuse, unauthorised access, disclosure, alteration and destruction.

Data Integrity and Purpose Limitation

We will only collect and retain Personal Information which is relevant to the purposes for which the information is collected, and we will not use it in a way that is incompatible with such purposes unless such use has been subsequently authorised by you. We will take reasonable steps to ensure that Personal Information is reliable for its intended use, accurate, complete and current. We may occasionally contact you to determine that your data is still accurate and current.

Access

You have the right to access personal data relating to you. If you wish to access, amend, or confirm that Arcserve LLC has personal data relating to you, or if you wish to correct or delete your Personal Information if it is inaccurate, please notify us at brett.rizk@arcserve.com or at (952) 903-5555. We will respond to your request within a reasonable time.

Employees may review their personal files and any Personal Information concerning them upon by emailing brett.rizk@arcserve.com.

Recourse, Enforcement and Liability

Since we are committed to protecting your privacy as set forth in this Policy, if you think we are not in compliance with our Policy, or if you have any question or if you wish to take any other action concerning this Policy or your Personal Information, we encourage you to contact us at brett.rizk@arcserve.com or call us at (952) 903-5555. We will investigate your complaint, take appropriate action and report back to you within 45 days.

If the Personal Information in question was transferred from the EU to the United States, and you are not satisfied with our response, Arcserve LLC has agreed to participate in the dispute resolution procedures of the panel established by the EU data protection authorities (DPAs) to resolve disputes pursuant to the EU-US Privacy Shield Principles. A resident of the European Union (EU) whose enquiry has not been satisfactorily addressed may contact the EU DPAs panel or individual EU DPAs using the information provided at http://ec.europa.eu/justice/data-protection/bodies/authorities/third-countries/index_en.htm to resolve disputes pursuant to the EU-US Privacy Shield Principles.

Arcserve LLC commits to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.

Finally, as a last resort and in limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.

The services of the EU DPAs panel are provided at no cost to you.

Limitation on Application of Principles

Adherence by Arcserve LLC to these EU-US Privacy Shield Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; (c) to the extent expressly permitted by an applicable law, rule or regulation; and (d) to the extent that Arcserve LLC has limited or no control over the actions of the individuals who have provided information.

Contact Information

Questions or comments regarding this Policy should be submitted to Arcserve LLC by email to: brett.rizk@arcserve.com or by mail to: Arcserve LLC, 8855 Columbine Rd, Suite 150, Eden Prairie, MN 55347 USA.

Changes to this EU-US Privacy Shield Privacy Policy

This Policy may be amended from time to time, consistent with the requirements of the EU-US Privacy Shield Principles. A notice will be posted on the Arcserve LLC website (www.Arcserve.com) for 60 days whenever this EU-US Privacy Shield Privacy Policy is changed in a material way.

Effective Date: March 15, 2018