Privacy statement to customers and partners regarding data transfers.

Effective Date: September 2, 2016
Last modified: 19 March 2018 – Updated for compliance with Privacy Shield and GDPR requirements.

Because IPsoft is a global company with customers located in many different countries around the world, it’s important that we comply with data privacy laws in many jurisdictions. IPsoft has implemented various mechanisms to enable the lawful transfer of personal data from the European Economic Area (EEA) and Switzerland to other countries globally. Here is a quick chart showing how we use each of these mechanisms for data transfers. For more detailed information about each of these mechanisms, see below.

  Data Processor[1] Data Controller[2] Comments
Privacy Shield X Click here for details.
Standard Contractual Clauses (intercompany) X Contact IPsoft for details.
Standard Contractual Clauses (customer/CA) X See below for more details.
IPsoft Human Resources and Internal Transfers X Click here for details. Internal IPsoft users may also visit the IPsoft intranet for additional information

Privacy Shield Policy

This Privacy Shield Policy (“Policy”) describes how IPsoft Incorporated and its subsidiaries and affiliates in the United States (“US”) (“IPsoft,” “we,” or “us”) collect, use, and disclose certain personally identifiable information that we receive in the US from the European Economic Area (“EEA Personal Data”). This Policy supplements our Website Privacy Policy located at http://www.ipsoft.com/privacy, and unless specifically defined in this Policy, the terms in this Policy have the same meaning as the Website Privacy Policy.

IPsoft recognizes that the EEA have established strict protections regarding the handling of EEA Personal Data, including requirements to provide adequate protection for EEA Personal Data transferred outside of the EU and/or Switzerland. To provide adequate protection for certain EEA Personal Data received in the US, IPsoft has elected to self-certify to the Privacy Shield Framework administered by the US Department of Commerce (“Privacy Shield”). IPsoft adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability.

For purposes of enforcing compliance with the Privacy Shield, IPsoft is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce’s Privacy Shield website located at: https://www.privacyshield.gov. To review IPsoft’s representation on the Privacy Shield list, see the US Department of Commerce’s Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.

Personal Data Collection and Use

Our Website Privacy Policy located at http://www.ipsoft.com/privacy describes the categories of EEA Personal Data that we may receive in the US as well as the purposes for which we use that EEA Personal Data. IPsoft will only process EEA Personal Data in ways that are compatible with the purpose that IPsoft collected it for or for purposes the individual later authorizes. Before we use your EEA Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. IPsoft maintains reasonable procedures to help ensure that EEA Personal Data is reliable for its intended use, accurate, complete, and current.

Data Transfers to Third Parties
  • Third-Party Agents or Service Providers. We may transfer EEA Personal Data to our third-party agents or service providers who perform functions on our behalf. Where required by the Privacy Shield, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process EEA Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of EEA Personal Data that we transfer to them.
  • Disclosures for National Security or Law Enforcement. Under certain circumstances, we may be required to disclose your EU Personal Data and Swiss Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.
Security

IPsoft maintains reasonable and appropriate security measures to protect EU Personal Data and Swiss Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.

Access Rights

You may have the right to access the EEA Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your EEA Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.

Questions or Complaints

You can direct any questions or complaints about the use or disclosure of your EEA Personal Data to us datatransfers@ipsoft.com. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your EEA Personal Data within 45 days of receiving your complaint. IPsoft’s independent recourse mechanism for Privacy Shield complaints for use by EU and Swiss individuals is JAMS. If you are unsatisfied with the resolution of your complaint, you may contact JAMS at https://www.jamsadr.com/eu-us-privacy-shield for further information and assistance.

Binding Arbitration

You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with IPsoft and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see US Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration).

Contact Us

If you have any questions about this Policy or would like to request access to your EU Personal Data and Swiss Personal Data, please contact us as follows: datatransfers@ipsoft.com or by mail at IPsoft Incorporated, Privacy and Data Security Officer, 17 State Street, 14th Floor, New York, New York 10004.

Changes to This Policy

We reserve the right to amend this Policy from time to time consistent with the Privacy Shield’s requirements.


Standard Contractual Clauses

IPsoft has developed and implemented intercompany contracts, including Standard Contractual Clauses, among the IPsoft entities located in the EEA (as data exporters) and IPsoft entities located outside the EEA to which personal data is transferred (as data importers) and such mechanism is used to transfer personal data as a Data Processor.

If a customer or partner specifically requires the implementation of Standard Contractual Clauses directly with a IPsoft entity outside of the EEA, where appropriate and where IPsoft is a Data Processor for the customer or partner, IPsoft has prepared a data processing agreement to download. This agreement sets out IPsoft’s commitment to privacy and data protection when processing data in connection with the provision of products and services to our customers and partners and dealing with the transfer of personal data outside the EEA and Switzerland in connection with the provision of such products and services.

If you have any questions, please send an email to datatransfers@ipsoft.com.


[1] IPsoft is generally a data processor when your company provides IPsoft with access to personal data originating from your company, e.g. a file for product support or other services, or data in a hosted environment.

[2] IPsoft is generally a data controller when you provide your data as an employee or for similar IPsoft internal usage.