Pavilion Data Systems, Inc. Notice of Certification Under the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework

 

Effective as of April 27, 2019

 

Pavilion Data Systems, Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss-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, the United Kingdom and Switzerland to the United States.  Pavilion Data Systems, Inc. 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/.

 

Scope

Pavilion Data Systems, Inc. adhere to the principles of the EU U.S Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework with respect to personal data shared with Pavilion Data.

 

Data Processed

Pavilion Data Systems, Inc. markets, sells and supports hardware and software that our customers use to store and process data to operate aspects of their businesses. In addition to the hardware and software used directly by the customer to store and process their data, Pavilion Data, at the option of the customer, utilizes remote monitoring and telemetry systems to provide its customers with proactive support and system health monitoring services. These remote monitoring services do not have access to the customer’s data, only data relating to the performance and health of the customer’s hardware/software environment.

 

Inquiries and complaints

In compliance with the Privacy Shield Principles, Pavilion Data commits to resolve complaints about our collection or use of your personal information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Pavilion Data at: [email protected].

 

Pavilion Data has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland.

 

If you believe Pavilion Data maintains your personal data in one of the services within the scope of our Privacy Shield certification, you may direct any inquiries or complaints concerning our Privacy Shield compliance to [email protected]. Pavilion Data will respond within 45 days. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, you may have the possibility to engage in binding arbitration through the Privacy Shield Panel.

 

Choice

In accordance with the Principles, Pavilion Data will offer Customers and Users choice to the extent it (i) discloses their Personal Data to third parties, or (ii) uses their Personal Data for a purpose that is materially different from the purposes for which the Personal Data was originally collected or subsequently authorized by the Customer or User.  To the extent required by the Principles, Pavilion Data also will obtain opt‑in consent if it engages in certain uses or disclosures of Sensitive Data.  Unless Pavilion Data offers Customers and Users an appropriate choice, Pavilion Data uses Personal Data only for purposes that are materially the same as those indicated in this Policy.

Pavilion Data may disclose Personal Data of Customers and Users without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third‑parties that Pavilion Data has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements.  Pavilion Data also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation). Requests to opt out of such uses or disclosures of Personal Data should be sent to: [email protected].

 

 

Third parties who may receive personal data

Pavilion Data uses third-party service providers to assist us in marketing, selling and supporting our products. These third-party providers may perform hardware, software and database monitoring and other technical operations, assist with the transmission of data, and provide data storage services. These third parties may access, process, or store personal data in the course of providing their services. Pavilion Data maintains contracts with these third parties restricting their access, use and disclosure of personal data in compliance with our Privacy Shield obligations, including the onward transfer provisions, and Pavilion Data remains liable if they fail to meet those obligations and we are responsible for the event giving rise to damage.

 

Your rights to access, to limit use, and to limit disclosure

EU individuals and Swiss individuals have rights to access personal data about them, and to limit use and disclosure of their personal data. With our Privacy Shield self-certification, Pavilion Data has committed to respect those rights.

 

U.S. Federal Trade Commission enforcement

Pavilion Data’s commitments under the Privacy Shield are subject to the investigatory and enforcement powers of the United States Federal Trade Commission.

 

Compelled disclosure

Pavilion Data may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.