Last updated September 11, 2019
This Privacy Shield Statement (“Statement”) describes how Mimecast and our subsidiaries and affiliates (“Mimecast,” “we,” or “us”) collect, use, and disclose certain Personal Data that we receive in the United States (“US”) from the European Economic Area (“EEA”). This Statement applies to Mimecast North America, Inc. This Statement supplements our Privacy Statement located here, and unless specifically defined in this Statement, the terms in this Statement have the same meaning as our Privacy Statement.
We recognize that the EEA has established strict protections regarding the handling of certain Personal Data, including requirements to provide adequate protection for Personal Data transferred outside of the EEA. To provide adequate protection for certain Personal Data received in the US about our customers, suppliers, business partners, job applicants and employees, we have elected to self-certify to the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework administered by the US Department of Commerce (collectively, “Privacy Shield”) regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom and/or Switzerland, as applicable, to the United States. We adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability (collectively, the “Privacy Shield Principles”). If there is any conflict between this Statement, our Privacy Statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern.
This Statement may not apply to certain Personal Data that is subject to other privacy-related requirements and policies. For example:
- Personal Data regarding and/or received from a customer is subject to any specific agreement with, or notice to, such customer, as well as additional applicable laws and professional standards;
- Personal Data that is transferred under Standard Contractual Clauses; and
- Employee Personal Data that is subject to internal human resource policies.
For purposes of enforcing compliance with the Privacy Shield, we are subject to the investigatory and enforcement authority of the US Federal Trade Commission. Please see below for more information about your Personal Data rights. For more information about the Privacy Shield, see the US Department of Commerce’s Privacy Shield website located here. To review our certification on the Privacy Shield list, see the US Department of Commerce’s Privacy Shield self-certification list located here.
1. Notice And Choice About Personal Data Collection And Use
Our Privacy Statement located here describes the categories of Personal Data that we may receive in the US as well as the purposes for which we use that Personal Data. We will only process Personal Data in ways that are compatible with the purpose that we collected it for, or for purposes you may later authorize. Before we use your Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out.
You are in control of the Personal Data you provide to us. Accordingly, in certain circumstances further described below, you may:
- Ask for a copy of your Personal Data;
- Ask for Personal Data to be corrected or updated; and/or
- Ask to delete your Personal Data from our records.
To exercise these rights, please visit our data subject request portal here. If you no longer wish to receive marketing or promotional email communications from us, please visit our Preference Center here.
2. Accountability For Onward Transfer
We may transfer Personal Data to our third-party agents or service providers who perform functions on our behalf as further described in our Privacy Statement found here.
Where required by the Privacy Shield, we enter into written agreements with these third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. We may remain liable for the acts of our third-party agents or service providers (for example, our sub-processors set forth on our Trust Center here) who perform services on our behalf for their handling of Personal Data that we transfer to them.
In some cases, we may transfer EU Personal Data to unaffiliated third-party data controllers. These third parties do not act as agents or service providers and are not performing functions on our behalf. We may transfer your EU Personal Data to third-party data controllers as described in our Privacy Statement. We will only provide your EU Personal Data to third-party data controllers where you have not opted-out of such disclosures, or in the case of sensitive EU Personal Data, where you have opted-in if the Privacy Shield requires consent. We also limit their use of your EU Personal Data so that it is consistent with any consent you have provided and with the notices you have received. If we transfer your EU Personal Data to one of our affiliated entities within our corporate group, we will take steps to ensure that your EU Personal Data is protected with the same level of protection the Privacy Shield requires.
Under certain circumstances, we may be required to disclose your Personal Data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
We have security measures in place to help protect against the loss or misuse of Personal Data under our control. These measures are more fully described in our Privacy Statement found here. Our security practices are periodically reviewed and enhanced as necessary and only authorized personnel have access to Personal Data. We use all reasonable efforts to prevent the loss or misuse of your Personal Data.
4. Data Integrity And Purpose Limitation
We limit the collection of Personal Data covered by this Statement to information that is relevant for the purposes of processing and for the provision of our services. We will use Personal Data only in ways that are relevant for the purposes for which it was collected or as authorized by you. If you would like to limit the use or disclosure of your Personal Data, you can submit a written request in our data subject request portal here. We will take reasonable steps designed so that Personal Data processing is performed as intended, and in an accurate, complete and current manner.
You may have the right to access the Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. We will take reasonable steps to permit and or allow corrections, amendments, or deletions of inaccurate or incomplete Personal Data. These rights may not apply in some cases, including where the burden or expense of providing access would be disproportionate to the risks under the circumstances, or where the rights of other persons would be violated. If you would like to request access to, correction, amendment, or deletion of your Personal Data, you can submit a written request in our data subject request portal here. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.
6. Recourse, Enforcement And Liability
Mimecast’s participation in the Privacy Shield is subject to enforcement by the US Federal Trade Commission. In compliance with the Privacy Shield Principles, Mimecast 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 our dedicated online portal here and we will respond to your request.
Mimecast has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if you have an unresolved privacy or Personal Data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider, JAMS, (free of charge) for more information or to file a complaint.
Mimecast commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.
You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your compliant directly with us and have provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you.
CHANGES TO THIS STATEMENT
This Statement may be amended from time to time consistent with the requirements of the Privacy Shield. To receive any updates to the Statement, please visit our Preference Center here.
If you have any questions about this Statement please contact us at: Global-Privacy@mimecast.com. If you would like to exercise your Personal Data rights, please visit our data subject request portal here. You can reach our Data Protection Officer below:
Data Protection Officer
191 Spring Street
Lexington, Massachusetts 02421
Phone: +1 (617) 393-7050