August 2024
This Data Privacy Framework Statement (“Statement”) describes how Mimecast and our subsidiaries and affiliates (“Mimecast,” “we,” or “us”) collect, use, transfer, disclose, and/or retain certain Personal Data that we receive in the United States (“U.S.”) from the European Economic Area (“EEA”), United Kingdom (“UK”) and Switzerland (collectively, the “Transferring Countries”). 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 Transferring Countries have established strict protections regarding the handling of certain Personal Data, including requirements to provide adequate protection for Personal Data transferred outside of the Transferring Countries. To provide adequate protection for certain Personal Data received in the U.S. about our customers, suppliers, business partners, job applicants and employees, we have elected to self-certify to the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and Swiss-U.S. Data Privacy Framework administered by the U.S. Department of Commerce (collectively, “Data Privacy Framework”) regarding the collection, use, disclosure, 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 Data Privacy Framework Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability (collectively, the “Data Privacy Framework Principles”). If there is any conflict between this Statement, our Privacy Statement, and the Data Privacy Framework Principles, the Data Privacy Framework 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 Data Privacy Framework, we are subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission. Please see below for more information about your Personal Data rights. For more information about the Data Privacy Framework, see the U.S. Department of Commerce’s Data Privacy Framework Program website located here. To review our certification on the Data Privacy Framework list, see the U.S. Department of Commerce’s Data Privacy Framework list located here.
The Data Privacy Framework Principles covered in this Statement include:
1. Notice and Choice about Personal Data Collection and Use
2. Accountability for Onward Transfer
1. Notice and Choice about Personal Data Collection and Use
Our Privacy Statement describes the categories of Personal Data that we may receive in the U.S. 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 in our Privacy Statement, 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 Data Privacy Framework, we enter into written agreements with these third-party agents and service providers requiring them to provide the same level of protection the Data Privacy Framework 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 Data Privacy Framework obligations and to stop and remediate any unauthorized processing. We may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of Personal Data that we transfer to them.
In some cases, we may transfer Personal Data originating from the Transferring Countries 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 Personal Data to third-party data controllers as described in our Privacy Statement. We will only provide your Personal Data to third-party data controllers where you have not opted-out of such disclosures, or in the case of sensitive Personal Data, where you have opted-in if the Data Privacy Framework requires consent. We also limit their use of your Personal Data so that it is consistent with any consent you have provided and with the notices you have received. If we transfer your Personal Data to one of our affiliated entities within our corporate group, we will take steps to ensure that your Personal Data is protected with the same level of protection the Data Privacy Framework 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.
3. Security
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.
5. Access
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 Data Privacy Framework. 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 Data Privacy Framework Program is subject to enforcement by the U.S. Federal Trade Commission. In compliance with the Data Privacy Framework Principles, Mimecast commits to resolve complaints about our collection or use of your Personal Data. EU, UK, or Swiss individuals with inquiries or complaints regarding our Data Privacy Framework policy should first contact our dedicated online portal here and we will respond to your request.
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Mimecast 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, the European Union, the United Kingdom, and Switzerland. 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 the JAMS Page for more information or to file a complaint. The services of JAMS, our U.S. based third-party dispute resolution provider are provided at no cost to you.
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, Mimecast commits to cooperate and comply respectively with the advice of the panel established by the EU National Data Protection Authorities (DPAs) and the UK Information Commissioner’s Office (ICO) with regards to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF 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 U.S. Department of Commerce an opportunity to resolve the complaint at no cost to you.
QUESTIONS
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.