Privacy Shield Statement

Gallery Systems Inc., ArtSystems Inc., and ArtBinder Systems Inc., either collectively or individually as the circumstances require (hereinafter identified as “Controller”) have adopted this Privacy Shield Policy (“Policy”) to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that the Controller obtains from Customers.

The Controller complies with the US-EU Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. The Controller has certified that it adheres to the Privacy Shield Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. If there is any conflict between the policies in this privacy policy and the Privacy Shield Privacy Principles, the Privacy Shield Privacy Principles shall govern. To learn more about the Privacy Shield program, and to view the Controller’s certification page, please visit https://www.privacyshield.gov.

Please note that this Privacy Shield does not apply to data transferred between Switzerland and the United States (SW-US).

All the Controller’s employees who handle Personal Data from Europe are required to comply with the Principles stated in this Policy.

Capitalized terms are defined in Section 14 (XIV) of this Policy.

I. SCOPE

This Policy applies to the processing of Customer Personal Data that the Controller receives in the United States concerning Customers who reside in Europe. The Controller provides online human resources software services to businesses.

This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)

II. RESPONSIBILITIES AND MANAGEMENT

The Controller has designated an internal team to oversee its information security program, including its compliance with the Privacy Shield program. The internal team shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to privacyshield@gallerysystems.com.

The Controller will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. The Controller personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that the Controller has undertaken to protect Personal Data.

III. RENEWAL / VERIFICATION

The Controller will renew its Privacy Shield certification annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.
Prior to the re-certification, the Controller will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, the Controller will undertake the following:

  • Review this Privacy Shield policy and its publicly posted website privacy policy to ensure that these policies accurately describe the practices regarding the collection of Customer Personal Data
  • Ensure that the publicly posted privacy policy informs Customers of the Controller’s participation in the Privacy Shield program and where to obtain a copy of additional information (e.g., a copy of this Policy)
  • Ensure that this Policy continues to comply with the Privacy Shield principles
  • Confirm that Customers are made aware of the process for addressing complaints and any independent dispute resolution process (the Controller may do so through its publicly posted website, Customer contract, or both)
  • Review its processes and procedures for training Employees about the Controller’s participation in the Privacy Shield program and the appropriate handling of Customer Personal Data

VI. COLLECTION AND USE OF PERSONAL DATA

The Controller provides various solutions to its Customers, which are predominantly business customers, although individual consumers are not restricted from purchasing such products. The Controller collects Personal Data from Customers when they purchase our products, register with our website, log-in to their account, complete surveys, request information from us, or otherwise communicate with us.

The Personal Data collected may vary based on a Customer’s interaction with the Controller’s website and requests for services. As a general matter, the Controller collects the following types of Personal Data from its Customers: contact information, including a contact person’s name, work email address, work mailing address, work telephone number, title, and company name.

When Customers use the Controller’s services online, IP address and browser type may be collected. The Controller may associate an IP address and browser type with a specific Customer. The Controller may also collect Personal Data from individuals who contact it through its website to request additional information; in such cases, the Controller collects contact information (as described above) and any other information that the individual chooses to submit through its website.

For certain products, the Controller serves as a service provider to its Customers. In its capacity as a service provider, the Controller may receive, store, and/or process Personal Data owned and/or controlled by its Customers, including information about their employees, clients, customers, agents, or other individuals. In such cases, the Controller acts as a data processor and processes Personal Data on behalf of and under the direction of the applicable Customer. The Personal Data collected in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Customer, and as otherwise requested by the Customer.

The Controller uses Personal Data that it collects directly from its Customers, and indirectly from Customers’ customers in its role as a service provider, for the following business purposes, without limitation: (1) maintaining and supporting its products, delivering and providing requested products and services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoicing, renewals, and other operations related to providing services to a Customer); (2) satisfying governmental reporting, tax, and other legal requirements (including import and export obligations); (3) storing and processing data, including Personal Data, in computer databases and servers located in the United States; (4) verifying identity (including for online access to accounts); (5) as requested by the Customer; (6) for other business-related purposes permitted or required under applicable local law and regulation; and (7) as otherwise required by law.

V. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA

Except as otherwise provided herein, the Controller discloses Personal Data only to Third Parties who reasonably need to know such data. Such recipients must agree to abide by confidentiality obligations. Examples of Third Parties that may receive personal information include analysts or consultants that have been contracted on behalf of your employer (the Customer with which the Controller is contracted) and will only be provided with advance written notice. All Third Parties receiving personal information must have a written confidentiality agreement in place between Customer and Third Party and the Controller and Third Party that meets or exceeds Privacy Shield standards.

The Controller may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, the Controller may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by the Controller and they must either: (1) comply with the Privacy Shield principles or another mechanism permitted by the applicable European data protection law(s) for transfers and processing of Personal Data; or (2) agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy. The Controller also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure.

The Controller may be forced to disclose an individual’s personal information when compelled by a request made by a recognized public authority or where required to meet national security and or law enforcement requirements.

In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, The Controller is potentially liable. The Controller’s liability under this agreement will be governed by the contract in place between Customer and The Controller.

VI. SENSITIVE DATA

The Controller does not collect Sensitive Data from its Customers.

VII. DATA INTEGRITY AND SECURITY

The Controller uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. The Controller has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to the Controller’s electronic information systems requires user authentication via password or similar means. The Controller also employs access restrictions, limiting the scope of employees who have access to Customer Personal Data. Further, The Controller uses secure encryption technology to protect certain categories of personal data.

Despite these precautions, no data security safeguards guarantee 100% security all of the time.

VIII. NOTIFICATION

The Controller notifies Customers about its adherence to the Privacy Shield principles through its publicly posted website privacy policy, available at https://www.gallerysystems.com/privacy-policy-2/.

IX. ACCESSING PERSONAL DATA

The Controller personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.

X. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA

  • Right to Access. As a user of the Controller’s software, you have the right to access your data at any time. Data subjects have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which the Controller collected the Personal Data. Data Subjects may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law. Upon reasonable request and as required by the Privacy Shield principles, the Controller allows Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Note that personal data is removed from our systems permanently upon closure of Customer accounts, and in those cases, personal information is no longer accessible or editable.
  • Customers may edit their Personal Data by logging into their account profile or by contacting the Controller by phone or email. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Customers should submit a written request to their local the Controller office. Persons that have submitted their Personal Data to and the Controller Customer should contact the Customer in the first instance to update their data.
  • Requests for Personal Data. The Controller will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If the Controller receives a request for access to their Personal Data from a Customer’s customer, then, unless otherwise required under law or by contract with such Customer, the Controller will refer such Data Subject to Customer.
  • Satisfying Requests for Access, Modifications, and Corrections. The Controller will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
  • Limiting Use of Personal Data. You may request limitations on the use of your personal data specified in this agreement by contacting us at privacyshield@gallerysystems.com.

XI. CHANGES TO THIS POLICY

This Policy may be amended from time to time in a manner consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. The Controller will make its employees aware of changes to this Policy by posting updates on its intranet, via email, or through other appropriate means.

The Controller will notify its Customers of any changes that materially affect the manner in which Personal Data previously collected is handled and will provide Customers with the opportunity to choose whether their Personal Data may be used in any materially different manner.

XII. QUESTIONS OR COMPLAINTS

Customers may contact the Controller with questions or complaints concerning this Policy at the following address privacyshield@gallerysystems.com.

XIII. ENFORCEMENT AND DISPUTE RESOLUTION

Customers with questions or concerns about the use of their Personal Data should contact us at support@gallerysystems.com. In compliance with the Privacy Shield Principles, the Controller commits to resolve complaints about our collection or use of your personal information. Individuals in the European Union with inquiries or complaints regarding our Private Shield policy should first contact privacyshield@gallerysystems.com.

As part of this agreement, the Controller subjects itself to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

The Independent Recourse Mechanism for The Controller is the JAMS Foundation (https://www.jamsadr.com/eu-us-privacy-shield), which can be reached at:

NY Times Building
620 8th Ave
34th Floor
New York, NY 10018
212-751-2700
info@jamsadr.com

XIV. DEFINITIONS

Capitalized terms in this Privacy Policy have the following meanings:

“Customer” means a prospective, current, or former partner (distributor or reseller), vendor, supplier, customer, or client of the Controller. The term also shall include any individual agent, employee, representative, customer, or client of a The Controller Customer where the Controller has obtained their Personal Data from such Customer as part of its business relationship with the Customer.

“Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to their personal physical, psychological, mental, economic, cultural or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.

“Employee” means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of The Controller or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.

“Europe” or “European” refers to a country in the European Economic Area.

“Personal Data” as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term “person” includes both a natural person and a legal entity, regardless of the form of the legal entity.

“Sensitive Data” means Personal Data that discloses a Data Subject’s medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.

“Third Party” means any individual or entity that is neither the Controller nor the Controller’s employee, agent, contractor, or representative.