PRIVACY SHIELD POLICY
Last Updated: 05/31/2018
FlyData Inc., its affiliates and subsidiaries (“FlyData”, “we’, “us”, “our”) respect individual privacy and values the confidence of its customers, employees, consumers, business partners and others. FlyData strives to collect, use and disclose Personal Information in a manner consistent with the laws of the countries in which it does business, and pride themselves on upholding the highest ethical standards in their business practices.
This Privacy Shield Policy (“Policy”) describes our standards and procedures for handling Personal Information in accordance with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks (“Privacy Shield”).
FlyData has certified to and will adhere to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks by adopting and implementing the Privacy Shield Principles (“Principles”). More information about the Privacy Shield can be found at www.privacyshield.gov. Our Privacy Shield certification can be found at www.privacyshield.gov/list.
How we obtain Personal Information
We obtain and Process Personal Information from the European Economic Area (“EEA”) or Switzerland in different capacities:
- As a Data Controller, we collect and Process EEA and Swiss Personal Information directly from individuals, either via our publicly available websites, including www.flydata.com, or in connection with our customer, reseller, partner, and vendor relationships.
- In connection with our Services, we obtain and Process EEA and Swiss Personal Information on behalf of and at the instructions of our customers. In that context, customers are the Data Controllers.
FlyData commits to subject to the Principles all Personal Information received from the EEA or Switzerland in reliance on the Privacy Shield (which includes both types of activities).
Privacy Shield Principles
We will adhere to the Principles for as long as we retain the Personal Information collected under the Privacy Shield.
When providing our Services as a Data Processor, we Process and retain Personal Information as necessary to provide our Services as permitted in our agreements, or as required or permitted under applicable law.
We remain responsible for the Processing of Personal Information received under the Privacy Shield and subsequently transferred to a third party acting as an agent if the agent Processes such Personal Information in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage. Where FlyData becomes aware that an agent is using or disclosing Personal Information in a manner contrary to this Policy, FlyData will take reasonable steps to prevent or stop the use or disclosure.
- Security. FlyData takes reasonable and appropriate precautions, taking into account the risks involved in the Processing and the nature of the Personal Information, to help protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
- Access and Choice. If we intend to use your Personal Information for a purpose that is materially different from the purposes for which it was originally collected or subsequently authorized, or if we intend to disclose it to a third party acting as a Data Controller not previously identified, we will offer you the opportunity to opt out of such uses and/or disclosures where it involves non-sensitive information or opt in where sensitive information is involved. To limit the use and disclosure of their Personal Information, an EEA or Swiss individual may submit a written request to email@example.com.
Where appropriate, you have the right to access to the Personal Information we maintain about you and to correct, amend or delete that information when it is demonstrated to be inaccurate or incomplete, or has been Processed in violation of the Principles, by sending a written request as indicated in “Contact Information” below. We will review your request within a reasonable timeframe in accordance with the Principles, and may limit or deny access to Personal Information as permitted by the Principles.
When providing our Services as a Data Processor, we only Process and disclose the Personal Information as specified in our agreements. Our customers control how Personal Information is disclosed to us and Processed, and how it can be modified. Accordingly, if you want to request access, or to limit use or disclosure of your Personal Information, please contact the company to whom you submitted your Personal Information and that uses our Services. If you provide us with the name of the company to whom you provided your Personal Information and who is our customer, we will refer your request to that customer and support them in responding to your request.
- Recourse, Enforcement and Liability. We conduct an annual self-assessment of our practices regarding Personal Information intended to verify that the assertions we make about our practices are true and that such practices have been implemented as represented.
If you have any questions or concerns, we encourage you to first write to us as indicated below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the Principles.
If an issue cannot be resolved through FlyData’s internal dispute resolution mechanism, you may submit a complaint, at no cost, to BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus, which serves as FlyData’s alternative dispute resolution provider. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
For residual complaints not fully or partially resolved by other means, you may be able to invoke binding arbitration as detailed in the Principles available here.
FlyData is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
How is this Policy Updated? This Policy may be amended consistent with the requirements of the Privacy Shield. A notice will be posted on FlyData’s website www.flydata.com whenever this Policy is changed in a material way. When we update this Policy, we will also revise the “Last Updated” date at the top of this document. Any changes to this Policy will become effective when we post the revised version on our website.
Contact information. If you have any questions, concerns or complaints regarding our privacy practices, or if you’d like to exercise your choices or rights, you can contact us:
- via email at firstname.lastname@example.org; or
- by mailing to FlyData Inc., 440 N Wolfe Rd Sunnyvale, CA 94085, United States.