II. EU-U.S. Privacy Shield
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Brightmetrics is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.
On July 16, 2020, the Court of Justice of the European Union (CJEU) found the Privacy Shield to be invalid for purposes of transfers between the EU and the U.S. In response, Brightmetrics has adopted Standard Contractual Clauses to support the lawful transfer of personal data from the EU to the U.S.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Customer” means any entity that purchases the Service.
“Customer Data” means the electronic data uploaded into the Service by or for a Customer or its Users.
“EU” means the European Union and Iceland, Liechtenstein and Norway
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual and (ii) received by Brightmetrics in the U.S. from the EU in connection with the Service.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.
“Standard Contractual Clauses” are standard sets of contractual terms and conditions which the sender and the receiver of personal data both sign up to, aimed at protecting personal data transferred internationally from the European Economic Area.
“User” means an individual authorized by Customer to access and use the Service.
IV. Types of Personal Data Collected and Purpose
Brightmetrics hosts and processes Personal Data to carry out functions and activities at the direction of and pursuant to the instructions of Brightmetrics Customers or Users when they purchase our products, register with our website, log-in to their account, request information from us, or otherwise communicate with us. The types of Personal Data from Customers or Users Brightmetrics may collect or have access to in connection with include:
- Email address
- Business address
- Business phone number
- Job title
- Performance data
In addition, data collection also occurs, for example, when a Customer visits Brightmetrics’ website.
- Contact data, such as name, company, email address, and telephone number; and
- Personal Data in content Customers provide on Brightmetrics’ website and other data collected automatically through the website (such as IP addresses, browser characteristics, device characteristics, operating system, language preferences, referring URLs, data on actions taken on our website, and dates and times of website visits).
Brightmetrics may also obtain Personal Data, such as contact data, of its Customer’s representatives.
Brightmetrics uses this data to manage relationships with its customers, process payments, expenses, and reimbursements, and carry out Brightmetrics’ obligations under its contracts with Customers.
Brightmetrics notifies Customers and Users about its privacy practices, including the purposes for which it collects and uses Personal Data, the types of Personal Data Brightmetrics collects, the types of third parties to which Brightmetrics discloses the Personal Data and the purposes for doing so, the rights and choices Customers and Users have for limiting the use and disclosure of their Personal Data, and how to contact Brightmetrics about its practices concerning Personal Data.
VI. Third Party Disclosures
Brightmetrics discloses Personal Data only to Third Parties that include web hosting, payment processors, data analytics, document collaboration services, communication, and survey who reasonably need to know such data. Such recipients must agree to abide by confidentiality obligations. All Third Parties receiving personal data must have a written confidentiality agreement in place between Customer and Third Party and Brightmetrics and Third Party that meets or exceeds Privacy Shield standards.
Brightmetrics may disclose Personal Data that our Customers and Users provide to our Service:
- To contractors, business partners, and service providers we use to support our Service;
- In the event Brightmetrics sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation), in which case Personal Data held by us about our Customers will be among the assets transferred to the buyer or acquirer;
- If required to do so by law or legal process;
- In response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements.
Customers and users in the EU and Switzerland have the right to access their Personal Data. If such Personal Data is inaccurate or processed in violation of the Privacy Shield Principles, a Customer or User may also request that the Personal Data be corrected, amended, or deleted.
Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal data relating to you in the United States. Upon request, we will provide you with access to the personal data that we hold about you. You may also correct, amend, or delete the personal data 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 firstname.lastname@example.org. If requested to remove data, we will respond within a reasonable timeframe.
Brightmetrics offers Customers and Users the opportunity to choose whether their Personal Data may be (a) disclosed to third-party Controllers or (b) used for a purpose that is materially different from the purposes for which the data was originally collected or subsequently authorized by the relevant Customers or Users. To the extent required by the Privacy Shield Principles, Brightmetrics obtains opt-in consent for certain uses and disclosures of Sensitive Data. Unless Brightmetrics offers Customers or Users an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy. To exercise their choices, Customers and Users may contact Brightmetrics as indicated in this Policy or the other Privacy Policies.
Brightmetrics may disclose Employee Personal Data and Consumer Personal Data without offering an opportunity to opt-out, and may be required to disclose the Personal Data, (c) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (d) if it is required to do so by law or legal process, or (e) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Brightmetrics also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution, or liquidation).
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 data, please submit a written request to email@example.com.
IX. Liability for Onward Transfers
Brightmetrics accountability for personal data that it receives in the United States under the Privacy Shield and/or the Standard Contractual Clauses and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Brightmetrics remains responsible and liable under the Privacy Shield Principles and also under the Standard Contractual Clauses if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles or their obligations under the Standard Contractual Clauses unless Brightmetrics proves that it is not responsible for the event giving rise to the damage.
Brightmetrics remains committed to resolving complaints about your privacy and our collection or use of your personal data transferred to the United States pursuant to Privacy Shield until such time as Brightmetrics determines it is no longer useful to protect data subject’s rights.
Those in the EEA, United Kingdom and Swiss individuals with inquiries or complaints should first contact Brightmetrics at:
PO Box 750789
Petaluma, CA 94975
Email address: firstname.lastname@example.org
Phone number: 707-238-4455
Brightmetrics has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment 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 resources data transferred to the United States from the EU and/or Switzerland in the context of the employment relationship, and Brightmetrics does not address it satisfactorily, Brightmetrics commits to cooperate with the panel established by the EU data protection authorities (DPA Panel) and/or the Swiss Federal Data Protection and Information 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.
If your 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
You may also file a complaint with your local data protection authority in the EU. Contact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
XI. Changes to this Policy
This Policy may be amended from time to time, consistent with the requirements of the EU-U.S. Privacy Shield principles. Appropriate public notice will be given concerning such amendments.
Effective Date: September 30, 2020