I. The first section (Services Personal Information Data Processing Terms) describes the privacy and security practices that Circulor Ltd and its affiliates (“Circulor”) employ when handling Services Personal Information (as defined below) for the provision of Technical Support, Consulting, Cloud or other services (the “Services”) provided to Circulor customers (“You” or “Your”) during the term of Your order for Services.
Services Personal Information is personal information that is provided by You, resides on Circulor, customer or third-party systems and environments, and is processed by Circulor on Your behalf in order to perform the Services. Services Personal Information may include, depending on the Services: information concerning family, lifestyle and social circumstances; employment details; financial details; online identifiers such as mobile device IDs and IP addresses, and first party online behavior and interest data. Services Personal Information may relate to Your representatives and end users, such as Your employees, job applicants, contractors, collaborators, partners, suppliers, customers and clients.
II. The second section (System Operations Data Processing Terms) describes the privacy and security practices that apply to personal information that may be incidentally contained in Systems Operation Data that is generated by the interaction of (end-)users of our Services (“Users”) with the Circulor systems and networks used to monitor, safeguard and deliver Services to our customer base.
Systems Operations Data may include log files, event files, and other trace and diagnostic files, as well as statistical and aggregated information that relates to the use and operation of our Services, and the systems and networks these Services run on.
III. The third section (Communications and Notifications to Customers and Users) applies to both Services Personal Information and personal information contained in Systems Operations Data, describes how Circulor handles legally required disclosure requests, and informs You and Users how to communicate with Circulor’s Global Data Protection Officer or file a complaint.
I. SERVICES PERSONAL INFORMATION DATA PROCESSING TERMS
Circulor treats all Services Personal Information in accordance with the terms of Sections I and III of this Policy and Your order for Services.
1. Performance of the Services
Circulor may process Services Personal Information for the processing activities necessary to perform the Services, including for testing and applying new product or system versions, patches, updates and upgrades, and resolving bugs and other issues You have reported to Circulor.
2. Customer instructions
You are the controller of the Services Personal Information processed by Circulor to perform the Services. Circulor will process your Services Personal Information as specified in Your Services order and Your documented additional written instructions to the extent necessary for Circulor to (i) comply with its processor obligations under applicable data protection law or (ii) assist You to comply with Your controller obligations under applicable data protection law relevant to Your use of the Services. Circulor will promptly inform You if, in our reasonable opinion, Your instruction infringes applicable data protection law. Additional fees may apply.
3. Rights of individuals
You control access to Your Services Personal Information by Your end users, and Your end users should direct any requests related to their Services Personal Information to You. To the extent such access is not available to You, Circulor will provide reasonable assistance with requests from individuals to access, delete or erase, restrict, rectify, receive and transmit, block access to or object to processing of Services Personal Information on Circulor systems.
4. Security and confidentiality
Circulor has implemented and will maintain technical and organizational measures designed to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Services Personal Information. These measures, which are generally aligned with the ISO/IEC 27001:2013 standard, govern all areas of security applicable to the Services, including physical access, system access, data access, transmission, input, security oversight, and enforcement.
Circulor employees are required to maintain the confidentiality of personal information. Employees' obligations include written confidentiality agreements, regular training on information protection, and compliance with company policies concerning protection of confidential information.
5. Incident Management and data breach notification.
Circulor promptly evaluates and responds to incidents that create suspicion of or indicate unauthorized access to or handling of Services Personal Information.
If Circulor becomes aware and determines that an incident involving Services Personal Information qualifies as a breach of security leading to the misappropriation or accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Services Personal Information transmitted, stored or otherwise processed on Circulor systems that compromises the security, confidentiality or integrity of such Services Personal Information, Circulor will report such breach to You without undue delay.
As information regarding the breach is collected or otherwise reasonably becomes available to Circulor and to the extent permitted by law, Circulor will provide You with additional relevant information concerning the breach reasonably known or available to Circulor.
To the extent Circulor engages third party subprocessors to have access to Services Personal Information in order to assist in the provision of Services, such subprocessors shall be subject to the same level of data protection and security as Circulor under the terms of Your order for Services. Circulor is responsible for its subprocessors’ compliance with the terms of Your order for Services.
Circulor maintains lists of Circulor Affiliates and subprocessors that may process Services Personal Information. Additional information is available to You via the applicable primary support tool provided for the Services.
7. Cross-border data transfers
Circulor may transfer, access and store Services Personal Data globally as necessary to perform the Services.
To the extent such global access involves a transfer of Services Personal Information originating from the European Economic Area (“EEA”) or Switzerland to Circulor affiliates or third party subprocessors located in countries outside the EEA or Switzerland that have not received a binding adequacy decision by the European Commission or by a competent national EEA data protection authority, such transfers are subject to binding and appropriate transfer mechanisms that provide an adequate level of protection in compliance with applicable data protection law, such as EU Model Clauses.
Circulor also 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 Services Personal Information when You and Circulor have agreed by contract that transfers of such information from the EEA or Switzerland will be transferred and processed pursuant to the Privacy Shield for the relevant Services. Circulor will then be responsible for ensuring that third parties acting as an agent on our behalf do the same.
8. Audit rights
The audit shall be conducted no more than once during a twelve-month period, during regular business hours, subject to Circulor’s on-site policies and regulations, and may not unreasonably interfere with business activities. If You would like to use a third party to conduct the audit, the third party auditor shall be mutually agreed to by the parties and the third-party auditor must execute a written confidentiality agreement acceptable to Circulor. Upon completion of the audit, You will provide Circulor with a copy of the audit report, which is classified as confidential information under the terms of Your agreement with Circulor.
Circulor will contribute to such audits by providing You with the information and assistance reasonably necessary to conduct the audit, including any relevant records of processing activities applicable to the Services. If the requested audit scope is addressed in a SOC 1 or SOC 2, ISO, NIST, PCI DSS, HIPAA or similar audit report issued by a qualified third party auditor within the prior twelve months and Circulor provides such report to You confirming there are no known material changes in the controls audited, You agree to accept the findings presented in the third party audit report in lieu of requesting an audit of the same controls covered by the report. Additional audit terms may be included in Your order for Services.
9. Deletion or return of Services Personal Information
Except as otherwise specified in an order for services or required by law, upon termination of services or at your request, Circulor will delete your production customer data located on Circulor computers in a manner designed to ensure that they cannot reasonably be accessed or read, unless there is a legal obligation imposed on Circulor preventing it from deleting all or part of the data. You may consult with your Circulor services contact for additional information on data deletion prior to service completion.
II. SYSTEMS OPERATIONS DATA PROCESSING TERMS
1. Responsibility and purposes for processing personal information
Circulor Corporation and its affiliated entities are responsible for processing personal information that may be incidentally contained in Systems Operations Data in accordance with Sections II and III of this Policy. A list of Circulor entities is available upon request.
We may collect or generate Systems Operations Data for the following purposes:
a) to help keep our Services secure, including for security monitoring and identity management;
b) to investigate and prevent potential fraud or illegal activities involving our systems and networks, including to prevent cyber-attacks and to detect bots;
c) to administer our back-up disaster recovery plans and policies;
e) for research and development purposes, including to analyze, develop, improve and optimize our Services;
f) to comply with applicable laws and regulations and to operate our business, including to comply with legally mandated reporting, disclosure or other legal process requests, for mergers and acquisitions, finance and accounting, archiving and insurance purposes, legal and business consulting and in the context of dispute resolution.
For personal information contained in Systems Operations Data collected in the EU, our legal basis for processing such information is our legitimate interest in performing, maintaining and securing our products and services and operating our business in an efficient and appropriate manner. Personal information may also be processed based on our legal obligations or legitimate interest to comply with such legal obligations.
2. Sharing personal information
Personal information contained in Systems Operations Data may be shared throughout Circulor's global organization. A list of Circulor entities is available as indicated above.
We may also share such personal information with the following third parties:
third-party service providers (for example IT service providers, lawyers and auditors) in order for those service providers to perform business functions on behalf of Circulor;
relevant third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings);
as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities outside your country of residence, for national security and/or law enforcement purposes.
3. Cross-border data transfers
If personal information contained in Systems Operations Data is transferred to an Circulor recipient in a country that does not provide an adequate level of protection for personal information, Circulor will take measures designed to adequately protect information about Users, such as ensuring that such transfers are subject to the terms of the EU Model Clauses.
Circulor has implemented appropriate technical, physical and organisational measures in accordance with the Circulor Corporate Security Practices designed to protect personal information against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorised disclosure or access as well as all other forms of unlawful processing (including, but not limited to, unnecessary collection) or further processing.
5. User choices
To the extent provided under applicable laws, Users may request to access, correct, update or delete personal information contained in Systems Operations Data in certain cases, or otherwise exercise their choices with regard to their personal information by filling out an inquiry form.
III. COMMUNICATIONS AND NOTIFICATIONS TO CUSTOMERS AND USERS
1. Legal requirements.
Circulor may be required to provide access to Services Personal Information and to personal information contained in Systems Operations Data as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect Your or a User’s safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities outside Your or a User’s country of residence, for national security and/or law enforcement purposes.
Circulor will promptly inform You of requests to provide access to Services Personal Information, unless otherwise required by law.
2. Data Protection Officer
Written inquiries to the Data Protection Officer may be addressed to:
Global Data Protection Officer
96 Kensington High Street
If You or a User have any complaints regarding our compliance with our privacy and security practices, please contact us first. We will investigate and attempt to resolve any complaints and disputes regarding our privacy practices.