Applicaster, Inc. (“Applicaster”, “We” or “Our”) has certified with the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield with respect to the Personal Data that (i) We receive from Our Customers' end users; and/or (ii) We collect and/or Process on behalf of, or, in the benefit of the Customers through and/or in the context of the Service (defined below) or the contracts executed with Customers.
Applicaster 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 Data transferred to the United States. Applicaster has certified to the Department of Commerce that it adheres to the Privacy Shield Principles and Our Privacy Shield certification will be available here.
If there is any conflict between the terms in this Privacy Shield Notice 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/.
Applicaster's participation in the Privacy Shield applies to the Personal Data subject to EU and Swiss data protection law that (i) Applicaster receives from Customers' end users and/or (ii) Applicaster collects and/or Processes on behalf of Customers through and/or in the context of the Service or the contracts executed with Customers.
3. PURPOSES OF DATA PROCESSING
Applicaster is a supplier of software-as-a-service (SaaS) suite of products, enabling its Customers to create, launch and manage superior end-user experiences on their customized software applications (the “Service”).
Applicaster will Process the Personal Data it receives from its Customers' end users, for the purposes of providing the Service to Customers. To fulfill these purposes, We may, without limitation, use the Personal Data to provide the Service, to provide support and maintenance, to correct and address technical or service problems, to comply with applicable laws, regulations and orders from public authorities or courts, and/or for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedures.
4. ONWARD TRANSFERS OF PERSONAL DATA
Subject to Section 6 below, We will not transfer Personal Data originating in the EU and/or Switzerland to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of protection to the Personal Data as required by the Principles of the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We may transfer Personal Data to cloud service providers who need the information in order to provide services to or perform activities on Our behalf. In cases of onward transfer to third parties of Personal Data received pursuant to the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield, Applicaster is potentially liable.
5. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
Data subjects have the right to access Personal Data about them, and in some cases to limit use and disclosure of their Personal Data. If you would like to request access to the Personal Data We have processed on behalf of one of the Customers, please contact firstname.lastname@example.org and provide your name, contact information and observe the required formalities under applicable law.
6. REQUIREMENT TO DISCLOSE
Applicaster may be required in certain circumstances to disclose Personal Data in response to lawful requests by courts or public authorities, including to meet national security or law enforcement requirement.
7. PRIVACY SHIELD INDEPENDENT RECOURSE MECHANISM
In compliance with the Privacy Shield Principles, Applicaster commits to resolve complaints about Our collection or use of your Personal Data. EU and Swiss individuals with inquiries or complaints regarding Our Privacy Shield policy should first contact Applicaster at: email@example.com or by postal mail sent to:
Attn: Privacy Shield Inquiry
1410 Broadway Suite 340
New York, NY 10018
Applicaster has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles and the Swiss-U.S. Privacy Shield Principles to JAMS, a non-profit alternative dispute resolution provider located in the United States to assist with the complaint resolution process. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint. The services of JAMS are provided at no cost to you.
8. U.S. FEDERAL TRADE COMMISSION ENFORCEMENT
Applicaster is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) to ensure compliance with the EU-US Privacy Shield Principles and the Swiss-U.S. Privacy Shield Principles outlined in this notice.
Under certain conditions, more fully described on the Privacy Shield website, you may also be able to invoke binding arbitration when other dispute resolution procedures have been exhausted.