Data Privacy Framework ("DPF") Program Notice
Effective: October 4, 2023
This DPF notice (“Notice”) governs Totango Inc. (“Totango”, “We” or “Our”) participation in the EU-U.S. DPF, UK-DPF extension to the EU-U.S. DPF and the Swiss-U.S. DPF programs with respect to the Processing of Personal Data as further explained in Section 1 below.
If there is any conflict between the terms in this Notice and the DPF principles, the DPF principles shall govern. To learn more about the DPF and its principles please visit https://www.dataprivacyframework.gov/s/.
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. “Process”, “Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Totango’s participation in the DPF applies to non-HR Personal Data that is subject to the EU, UK and Swiss data protection laws that Totango receives in the context of the provision of Totango's Services (as defined below) including, from customers, Totango's affiliates or other third parties.
2. PURPOSES OF DATA PROCESSING.
Totango complies with the principles of the EU-U.S. DPF, EU-U.S. DPF, UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF regarding the collection, use, and retention of Personal Data transferred to the United States from the European Union, United Kingdom, and Switzerland. Our DPF program covers transfers of Personal Data in the following cases: (i) to provide Totango’s services; (ii) for Totango’s customers to be able to use Totango’s services; and/or (iii) to comply with other documented reasonable instructions provided Totango’s customers (the “Service”). The categories of Personal Data collected and Processed by Totango, include, without limitation: Full name; username / log-in details; email address; title / job position; IP address; User ID (random number generated by the Services); handling orders; delivering products and services; processing payments; communicating with customers, users, vendors, and sellers about orders, products, services and promotional offers; and/or any other Personal Data or information that the Totango’s customers provide or instruct Totango to Process in the context of Totango’s Services.
Totango has certified to the DoC that it adheres to the DPF Principles and Our DPF certification is available here.
3. ONWARD TRANSFERS OF PERSONAL DATA.
- We will not transfer Personal Data originating in the EU, UK 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. DPF, UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. We transfer Personal Data to processors, service providers, vendors, contractors, partners and agents (collectively "Processors") who need the information in order to provide services to or perform activities on Our behalf. We are responsible and liable for such onward transfers to third pursuant to the EU-U.S. DPF, UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF.
The abovementioned Processors and the description of the services that they provide and/or the activities that they perform are set out in the table below:
- On-demand cloud computing platforms including digital user experience cloud-based platform and cloud-based customer support services.
- User log-in tools.
- Customer communication platform for transactional and email provider.
- CRM platform
- Support platform
- To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other public or governmental agencies, or if required to do so by court order (including to meet national security or law enforcement requirement);
- If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events;
- In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company; and/or
- Where you have provided your consent to us sharing or transferring your Personal Data.
4. DATA SUBJECT RIGHTS.
You have the right to access Personal Data about you, and in some cases you are also allowed to correct, amend, or delete that Personal Data where it is inaccurate, or has been processed in violation of the DPF principles. In addition, you have the choice to limit the use and disclosure of your Personal Data. If you believe that We are Processing your Personal Data within the scope of Our DPF program, you can submit your request to: firstname.lastname@example.org.
Please be aware that in specific situations where fulfilling access or other requests might impose a disproportionate burden or expense, or potentially infringe upon the rights of others, we may be required to carefully review and, if permissible under applicable law, respectfully decline your request.
5. INDEPENDENT RECOURSE MECHANISM. ARBITRATION.
- In compliance with the DPF principles, We are committed to resolve complaints about Our collection or use of your Personal Data. EU, UK and Swiss individuals with inquiries or complaints regarding Our DPF policy should first contact Totango at: email@example.com or by postal mail sent to:
Attn: DPF Inquiry
1 Twin Dolphin Dr.
Redwood City, CA 94065 United States (800) 634-1990
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Totango commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-data-privacy-framework for more information or to file a complaint. The services of JAMS are provided at no cost to you.
- Under certain conditions, more fully described on the DPF website (available here), you may also be able to invoke binding arbitration to determine whether a participating organization has violated its obligations under the DPF principles as to that individual and whether any such violation remains fully or partially unremedied (“residual claims”) after you approached us and you used the independent recourse mechanism. The International Centre for Dispute Resolution-American Arbitration Association (“ICDR-AAA”) was selected by the U.S. Department of Commerce to administer arbitrations pursuant to and manage the arbitral fund. Please visit ICDR-AAA’s website for more information.
6. U.S. FEDERAL TRADE COMMISSION ENFORCEMENT.
Totango is subject to the investigatory and enforcement powers of the Federal Trade Commission ("FTC") to ensure compliance with the EU-US DPF, UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF outlined in this DPF Notice.