Ekata Privacy Shield Policy
Ekata, Inc. (“Ekata,” “we,” or “us”) has committed to the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework (collectively, “Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Economic Area (“EEA”), the United Kingdom (“UK”), and Switzerland to the United States (“US”) in reliance on Privacy Shield. Ekata may receive from the EEA, UK, and/or Switzerland, some or all of the information listed in the Ekata Privacy Notice located at /security-and-privacy/ or that listed in Ekata’s EU Privacy Notice located at /eu-privacy-notice/. Some of that information may qualify as “personal information” or “personal data” as defined in the Privacy Shield Principles (collectively, “Personal Data”). Ekata has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles with respect to such information. If there is any conflict between the terms of this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program visit the U.S. Department of Commerce’s Privacy Shield website: https://www.privacyshield.gov, and to view our certification, please visit https://www.privacyshield.gov/list.
This Ekata Privacy Shield Policy (“Policy“) applies to Ekata, which is subject to the investigatory and enforcement powers of the Federal Trade Commission. This Policy describes the practices we implement with Personal Data that we collect, use, and disclose from the EEA, UK, and Switzerland. This Policy supplements the Ekata Privacy Notice, and unless specifically defined in this Policy, the terms in this Policy have the same meaning as those in the Ekata Privacy Notice.
Personal Data Collection and Use
The Ekata Privacy Notice describes the categories of Personal Data that we may receive in the US as well as the purposes for which we use that Personal Data. We may receive the following categories of Personal Data in the US:
- Query Information
- Account Information
- Billing Information
- Personally Identifiable Information
- Usage Information
We process Personal Data for the purposes described in Section 3 of the Ekata Privacy Notice to the types of parties described in Section 5 of the Ekata Privacy Notice.
Ekata will only process Personal Data in ways that are compatible with the purpose that Ekata collected it for, or for purposes the individual later authorizes. Before we use your 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 of such uses. Ekata maintains reasonable procedures to help ensure that Personal Data is reliable for its intended use, accurate, complete, and current and that Personally Identifiable Information is retained in a form identifying or making identifiable an individual for so long as it serves a purpose of processing in accordance with the Privacy Shield Principles.
When sensitive Personal Data is involved (i.e., personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of an individual), we will obtain your consent via an opt-in process before we use such information for a purpose other than what was originally authorized or if we disclose such information to third parties.
Data Transfers to Third Parties
Third-Party Agents or Service Providers. We may transfer Personal Data to our third-party agents or service providers who perform functions on our behalf as described in the Ekata Privacy Notice. 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; such agreements require third-party agents or service providers to notify Ekata if a determination is made that such agent or provider can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles. We take reasonable and appropriate steps to ensure that third-party agents and service providers process 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 Personal Data that we transfer to them, unless we prove that we are not responsible for the event giving rise to any damage.
Third-Party Data Controllers. In some cases, we may transfer Personal Data to unaffiliated third-party data controllers. These third parties do not act as agents or service providers and are not performing functions on our behalf. We may transfer your Personal Data to third-party data controllers for the purposes described in the Ekata Privacy Notice. We will only provide your Personal Data to third-party data controllers where you have not opted-out of such disclosures, or in the case of sensitive Personal Data, where you have opted-in if the Privacy Shield requires consent. We enter into written contracts with any unaffiliated third-party data controllers requiring them to provide the same level of protection for Personal Data the Privacy Shield requires. We also limit their use of your Personal Data so that it is consistent with any consent you have provided and with the notices you have received. If we transfer your Personal Data to one of our affiliated entities within our corporate group, we will take steps to ensure that your Personal Data is protected with the same level of protection the Privacy Shield requires.
In addition, Ekata has implemented the European Commission’s Standard Contractual Clauses for transfers of personal data between our affiliated companies, which require all of our affiliates to protect personal data they process from the EEA in accordance with European Union data protection law. We have implemented similar appropriate safeguards where legally required with out third party service providers and partners.
Disclosures for National Security or Law Enforcement.
Under certain circumstances, we may be required to disclose your Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.
Ekata maintains reasonable and appropriate security measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.
You may have the right to access the 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 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 Personal Data to us at firstname.lastname@example.org. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your Personal Data within forty-five (45) days of receiving your complaint. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at: https://feedback-form.truste.com/watchdog/request.
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 compliant directly with Ekata 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).
If you have any questions about this Policy or would like to request access to your Personal Data, please contact us as follows: email@example.com or write to us at the following address:
1301 5th Avenue #1600
Seattle, WA 98101
Attn: Legal Department
Changes To This Policy
We reserve the right to amend this Policy from time to time consistent with the Privacy Shield’s requirements.
Effective Date: May 12, 2020
Last modified: June 03, 2020