Privacy Shield Notice
March 19, 2020
EdCast Inc., a Delaware corporation (“EdCast,” “We” or “Our”), has self-certified with the US Department of Commerce under the EU-US and Swiss-US Privacy Shield (the “Privacy Shield”) process with respect to the personal information, called “Personal Data” in the GDPR, of residents of the EU, UK, and Switzerland, called “Data Subjects” in the GDPR, which we process in connection with our Services provided in the EU and Switzerland. Unless not defined in this EdCast Privacy Shield Notice, capitalized terms will have the same meaning as ascribed to them in our Terms of Use and Privacy Policy.
PRIVACY SHIELD CERTIFICATION
EdCast 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 from European Union member countries, the United Kingdom, and Switzerland transferred to the United States pursuant to Privacy Shield. EdCast has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/
PROCESSING AND TRANSFER OF PERSONAL DATA
EdCast further certifies that it adheres to the Privacy Shield Principles on all matters, including notice, choice, onward transfer, security, data integrity, access, and enforcement for Personal Data submitted by both our business customers on behalf of their European employees and individual European, UK, and Swiss consumers on behalf of themselves in participating countries in connection with our Services. The Department of Commerce has listed our Privacy Shield certification at https://www.privacyshield.gov/.
OTHER COMPLIANCE MECHANISM
In addition to the Privacy Shield Certification, we may also process Personal Data that our customers submit on consumers in the EU, UK, and Swiss via other compliance mechanisms, including data processing agreements based on the EU Standard Contractual Clauses.
LIABILITY FOR NON-COMPLIANCE
Notwithstanding anything to the contrary in our Privacy Shield Certification or Privacy Policy, pursuant to the Privacy Shield, EdCast remains liable for the unauthorized or unlawful processing and/or transfer of Personal Data to third parties (acting as our agents or otherwise) unless we can show that we were not a party to the events giving rise to such liability.
DATA PROCESSED
We provide the Services to our customers pursuant to written or online agreements and our Terms of Use so that our customers can operate their businesses. In providing these Services, we process Personal Data of consumers that our customers submit to us in conjunction with our provision of the Services and their instructions in such agreements and our Terms of Use to us to process on their behalf in connection with the Services.
We may collect all of some of the following data: your name, business address, business email address, personal email address, employer, business title, personal address, IP address, and comparable information.
We do not sell your Personal Data but may allow our contractors access such Personal Data to help us provide our Services to our customers.
PURPOSES OF DATA PROCESSING
We process Personal Data submitted by our customers solely for the purpose of providing our Services to customers. To fulfill this purpose, we may access such Personal Data to (i) provide such Services, (ii) prevent or address service or technical problems associated with such Services, (iii) respond to customer support matters, (iv) follow the instructions of our customer who submitted the data, (v) in response to contractual requirements and provisions in our agreement and/or the Terms of Use with our customers, or (vi) respond to subpoenas or other orders from applicable governments. We will offer you the opportunity to opt-out before your Personal Data is used for purposes not listed here or in the Privacy Policy.
THIRD PARTIES WITH WHOM WE MAY SHARE CUSTOMER DATA
We use a limited number of third-party providers to assist us in providing the Services to our customers. As of the date hereof, these third-party providers perform technical operations such as database monitoring, data storage and hosting services and customer support software tools.
These third parties may access, process or store personal data in the course of providing these services, but based on our instructions only. If you wish to opt-out of third-party providers’ services or delete or deactivate services of any of our third party providers, please send us an email request at info@edcast.com. Please note that such an opt-out, deletion, or deactivation will impact your enjoyment of our Services.
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
EdCast’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, EdCast remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless EdCast proves that it is not responsible for the event giving rise to the damage.
QUESTIONS OR COMPLAINTS
In compliance with the Privacy Shield Principles, EdCast commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact EdCast by email at: info@edcast.com or at our mailing address:
EdCast, Inc.
1901 Old Middlefield Way #21,
Mountain View, CA 94043
We will work with you to resolve your issue.
If you have any questions about the Personal Data that we store on you or would like us to correct, change or delete such Personal Data from our databases and systems, please email or write us at the above addresses.
DISPUTE RESOLUTION
EdCast has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, please visit http://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.
If your complaint involves human resource/personnel information, transferred to the United States from the EU and/or Switzerland in the context of the employment relationship, and EdCast does not address it satisfactorily, EdCast commits to cooperate with the panel established by the EU data protection authorities (the “DPA Panel”) and/or the Swiss Federal Data Protection and Information Commissioner (the “Commissioner”), as applicable and to comply with the advice given by the DPA panel and/or Commissioner, as applicable with regard to such human resources data. To pursue an unresolved human resources complaint, you should contact the state or national data protection or labor authority in the appropriate jurisdiction. Complaints related to human resources data should not be addressed to the BBB EU PRIVACY SHIELD. Contact details for the EU data protection authorities can be found at:
http://ec.europa.eu/justice/dataprotection/bodies/authorities/index_en.htm.
ARBITRATION
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
U.S. FEDERAL TRADE COMMISSION ENFORCEMENT
Our Privacy Shield compliance is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (the “FTC”).
RIGHT OF ACCESS
EU, UK, and Swiss users have legal rights to access certain personal data we hold about them and to obtain its correction, amendment or deletion. Those users may exercise some of those rights through the options described in our Privacy Policy. But please be advised that because our personnel have a limited ability to identify and access an individual user’s personal data that our customer has submitted for the Services, if you wish to request access, to limit use, to correct, to delete, or to limit disclosure, we may first refer your request to the customer who submitted your personal data, and we will support them as needed in responding to your request.
Pursuant to the Privacy Shield Frameworks, EU, UK, and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to info@edcast.com If requested to remove data, we will respond within a reasonable timeframe.
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to info@edcast.com
