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Safe Harbor Policy
Safe Harbor Policy
Avangate Inc. ("Avangate") has adopted this Safe Harbor Policy ("Policy") to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that Avangate obtains from Customers located in the European Union and Switzerland.
All Avangate employees who handle Personal Data from Europe are required to comply with the Principles stated in this Policy.
Capitalized terms are defined in Section 14 of this Policy.
This Policy applies to the processing of Customer Personal Data that Avangate receives in the United States concerning Customers who reside in Europe. Avangate provides products and services to businesses and consumers.
This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)
RESPONSIBILITIES AND MANAGEMENT
Avangate has designated the Legal Department to oversee its information security program, including its compliance with the Safe Harbor program. The Legal Department shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to email@example.com.
Avangate will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. Avangate personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that Avangate has undertaken to protect Personal Data.
Avangate will renew its Safe Harbor certification annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.
Prior to the re-certification, Avangate will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, Avangate will undertake the following:
- Ensure that this Policy continues to comply with the Safe Harbor principles
- Confirm that Customers are made aware of the process for addressing complaints and any independent dispute resolution process (Avangate may do so through its publicly posted website, Customer contract, or both)
- Review its processes and procedures for training Employees about Avangate's participation in the Safe Harbor program and the appropriate handling of Customer Personal Data
Avangate will prepare an internal verification statement on an annual basis.
COLLECTION AND USE OF PERSONAL DATA
Avangate provides various solutions to its Customers, which are predominantly business customers, although individual consumers are not restricted from purchasing such products. Avangate collects Personal Data from Customers when they purchase our products, register with our website, log-in to their account, complete surveys, request information from us, or otherwise communicate with us. For example, Avangate customers may choose to seek live support or post to a message board.
The Personal Data that we collect may vary based on the Customer's interaction with our website and request for our services. As a general matter, Avangate collects the following types of Personal Data from its Customers: contact information, including, a contact person's name, work email address, work mailing address, work telephone number, title, and company name, as well as payment information (which might include credit card and/or bank account information). Customers have the option to log into their accounts online and to request service online, including through a live support option; we will collect information that they choose to provide to us through these portals.
When Customers use our services online, we will collect their IP address and browser type. We may associate IP address and browser type with a specific customer. We also may collect Personal Data from persons who contact us through our website to request additional information; in such a situation, we would collect contact information (as discussed above) and any other information that the person chooses to submit through our website.
For certain products, Avangate serves as a service provider to its Customers. In our capacity as a service provider, we will receive, store, and/or process Personal Data owned and/or controlled by our Customers, including information about their employees, clients, customers, agents, or other individuals. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of each particular Customer. The information that we collect from our Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Customer, and as otherwise requested by the Customer.
Avangate uses Personal Data that it collects directly from its Customers and Customers' customers indirectly in its role as a service provider for the following business purposes, without limitation: (1) maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to a Customer); (2) satisfying governmental reporting, tax, and other requirements (e.g., import/export); (3) storing and processing data, including Personal Data, in computer databases and servers located in the United States; (4) verifying identity (e.g., for online access to accounts); (5) as requested by the Customer; (6) for other business-related purposes permitted or required under applicable local law and regulation; and (7) as otherwise required by law.
DISCLOSURES/ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided herein, Avangate discloses Personal Data only to Third Parties who reasonably need to know such data. Such recipients must agree to abide by confidentiality obligations.
Avangate may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, Avangate may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by Avangate and they must either: (1) comply with the Safe Harbor principles or another mechanism permitted by the applicable European data protection law(s) for transfers and processing of Personal Data; or (2) agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy. Avangate also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure.
Avangate does not collect Sensitive Data from its Customers.
DATA INTEGRITY AND SECURITY
Avangate uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. Avangate has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to Avangate's electronic information systems requires user authentication via password or similar means. Avangate also employs access restrictions, limiting the scope of employees who have access to Customer Personal Data. Further, Avangate uses secure encryption technology to protect certain categories of personal data.
Despite these precautions, no data security safeguards guarantee 100% security all of the time.
ACCESSING PERSONAL DATA
Avangate personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
10.1 Right to Access. Data subjects have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which Avangate collected the Personal Data. Data Subjects may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law. Upon reasonable request and as required by the Safe Harbor principles, Avangate allows Customers access to their Personal Data, in order to correct or amend such data where inaccurate.
Customers may edit their Personal Data by logging into their account profile or by contacting Avangate by phone or email. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Customers should submit a written request to their local Avangate office. Persons that have submitted their Personal Data to an Avangate Customer should contact the Customer in the first instance to update their data.
10.2 Requests for Personal Data. Avangate will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If Avangate receives a request for access to his/her Personal Data from a Customer's customer, then, unless otherwise required under law or by contract with such Customer, Avangate will refer such Data Subject to Customer.
10.3 Satisfying Requests for Access, Modifications, and Corrections. Avangate will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the Safe Harbor Principles and applicable data protection and privacy laws and principles. We will make employees available of changes to this policy either by posting to our intranet, through email, or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
QUESTIONS OR COMPLAINTS
Customers may contact Avangate with questions or complaints concerning this Policy at the following address: firstname.lastname@example.org
ENFORCEMENT AND DISPUTE RESOLUTION
Customers with questions or concerns about the use of their Personal Data should contact us at email@example.com. If a Customer's question or concern cannot be satisfied through this process, Customers may bring a complaint before the BBB EU Online Safe Harbor. Information about how to file a complaint before the BBB EU Online Safe Harbor program can be found at: http://www.bbb.org/council/eusafeharbor/bbb-eu-safe-harbor-dispute-resolution-program/how-to-file-a-complaint-with-bbb-eu-safe-harbor/.
"Customer" means a prospective, current, or former partner (distributor or reseller), vendor, supplier, customer, or client of Avangate. The term also shall include any individual agent, employee, representative, customer, or client of an Avangate Customer where Avangate has obtained his or her Personal Data from such Customer as part of its business relationship with the Customer.
"Data Subject" means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.
"Employee" means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of Avangate or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.
"Europe" or "European" refers to a country in the European Economic Area.
"Personal Data" as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual's name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term "person" includes both a natural person and a legal entity, regardless of the form of the legal entity.
"Sensitive Data" means Personal Data that discloses a Data Subject's medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
"Third Party" means any individual or entity that is neither Avangate nor an Avangate employee, agent, contractor, or representative.
Version 2 - 14th of July 2015