Embarcadero Technologies, Inc., together with its subsidiary Embarcadero Technologies Europe Ltd. (collectively, "Embarcadero") is committed to complying with the General Data Protection Regulation ("GDPR"), which will go into effect on May 25, 2018. The GDPR regulation contains the most significant changes to European data privacy legislation in the last 20 years. It is designed to give European Union ("EU") citizens more control over their data and seeks to unify a number of existing privacy and security laws under one comprehensive law. The GDPR applies to all companies that do business with EU citizens or process data of EU citizens regardless of the location of the company that is processing such data. To that end, the GDPR applies to Embarcadero.
Our customers can trust that Embarcadero has made GDPR a priority and has devoted significant and strategic resources toward our efforts to comply with GDPR.
Like many other global software companies, Embarcadero is in the process of rolling out its company-wide GDPR policy starting on May 25, 2018. Embarcadero appreciates that its customers have requirements under the GDPR, which are directly impacted by their use of Embarcadero's products and services, and Embarcadero is committed to helping its customers fulfill their requirements under the GDPR and local law.
If you have questions about Embarcadero's GDPR commitment or if you would like to submit an inquiry about your personal data, please fill out and submit this form. A Embarcadero representative will be in touch shortly.
Embarcadero Technologies, Inc., together with its subsidiary Embarcadero Technologies Europe Ltd. (collectively, "Embarcadero") prepare this document to help you clarify some common confusions around the General Data Protection Regulation ("GDPR"). Embarcadero recognizes the importance of the evolving legal and regulatory landscape around information security and data privacy and remains firmly committed to GDPR readiness.
No. The GDPR does not contain any obligation to store information in Europe. However, transfers of European personal data outside the European Economic Area (EEA) generally require that a valid transfer mechanism be in place to protect the data once it leaves the EEA. The GDPR does not invalidate or override the EU Model Clauses or the EU-U.S. and Swiss-U.S. Privacy Shield Framework, which are both legally valid mechanisms to ensure the legal transfer of personal data into and out of the EEA.
Yes. The GDPR applies to all companies regardless of where it is located to the extent the company process personal data in the context of (A) offering goods and services (whether paid or not) to people in the EEA; or (B) monitoring the behavior of people in the EEA, for example by placing cookies on the devices of EEA individuals.
Consent is only one of the legal bases Embarcadero can use for the processing of personal data. For example, Embarcadero can process personal data (A) when necessary for the performance of a contract to which the data subject (the individual whose data is processed) is a party; (B) when there is a legal obligation to do so (such as the submission of employee data to a tax authority); and (C) sometimes even on the basis of legitimate interests, such as commercial and marketing goals. The legitimate interest must, however, outweigh any detriment to the privacy of the data subject.
Data Controller is the owner of their information and decides how that information should be used. Data Processor is an entity who processes the personal data of the Data Controller and carries out instructions of the Data Controller with regard to this data. Generally speaking, when Embarcadero collects data from a customer in order to create an account, Embarcadero will be the Data Controller. Formal definitions from the GDPR full text may be found at http://ec.europa.eu/justice/data-protection/reform/files/regulation_oj_en.pdf
No. The right to erasure (or right to be forgotten) is not absolute. Embarcadero may refuse to honor the request if continued processing is necessary for compliance with a legal obligation which requires processing by Union or Member State law to which Embarcadero is subject. In addition, Embarcadero can refuse to honor the request for the establishment, exercise or defense of legal claims. Therefore, several relevant factors have to be taken into account when considering a request for deletion of personal data by the data subject. Note, however, that data subjects have an absolute right to prevent their personal data from being processed for direct marketing purposes.
No. The GDPR does not mandate specific security measures. Instead, the GDPR requires organizations to take technical and organizational security measures which are appropriate to the risks presented. Encryption at rest and pseudonymization may be appropriate depending on the circumstances, but they are not mandated by the GDPR in every instance. The following are kinds of security actions considered "appropriate to the risk" (1) the pseudonymization and encryption of personal data (as mentioned); (2) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (3) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; and (4) a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
1 NOTE: The above information is provided by the Embarcadero for informational purposes only and is not intended to serve as legal advice. You should contact your attorney to obtain advice with respect to any particular GDPR question, issue or problem.
Embarcadero Technologies, Inc., together with its subsidiary Embarcadero Technologies Europe Ltd. (collectively, "Embarcadero"), is committed to respecting and protecting the privacy of its customers, partners and website visitors (collectively "You" or "Your"). For more information about our Privacy Statement, EMB_TEXT_CLICK_HERE.
The security of your personal information is very important to Embarcadero. We use robust security measures, which encompass both technical and organizational security controls, to prevent data loss, information leaks, or other unauthorized data processing operations. For example, Embarcadero requires that its processors and sub-processors (collectively, "Vendors") have implemented and maintain a security program in accordance with industry standards, specifically Embarcadero Vendors shall include the following security program:
I - Physical Access Control: Unauthorized persons shall be prevented from gaining physical access to premises, buildings or rooms where personal data processing systems are located. Vendors have implemented the following controls:
- prevent unauthorized individuals from gaining access to the processor’s premises.
- restrict access to data centers were data servers are located.
- use video surveillance and intrusion detection devices to monitor access to data processing facilities.
- ensure that individuals who do not have access authorization (e.g. technicians, cleaning personnel) are accompanied at all times when accessing data processing facilities.
II – System Access Control: Data processing systems must be prevented from being used without authorization. Vendors have implemented the following controls:
- implement measures to prevent unauthorized personnel from accessing data processing systems.
- provide dedicated user IDs for every authorized personnel accessing data processing systems for authentication purposes.
- assign passwords to all authorized personnel for authentication purposes.
- ensure that all data processing systems are password protected to prevent unauthorized persons accessing any personal data: (a) after boot sequences; and (b) when left unused for a short period.
- ensure that access control is supported by an authentication system.
- have implemented a password policy that prohibits the sharing of passwords, outlines processes after a disclosure of a password, and requires the regular change of passwords.
- ensure that passwords are always stored in encrypted form.
- implement a proper procedure to deactivate user accounts when a user leaves the processor (or processor function).
- implement a proper process to adjust administrator permissions when an administrator leaves the processor (or processor function).
III – Data Access Control: Persons entitled to use a data processing system shall gain access only to the data to which they have a right of access, and personal data must not be read, copied, modified or removed without authorization in the course of processing or use and after storage. Vendors have implemented the following controls:
- ensure that personal data cannot be read, copied, modified or removed without authorization during processing or use and after storage.
- grant data access only to authorized personnel and assigns only the minimum data permissions necessary for those personal to fulfil their duties.
- ensure that the personnel who use the data processing systems can access only the data to which they have a right of access.
- restrict access to files and programs based on a "need-to-know-basis".
- store physical media containing personal data in secured areas.
- have measures in place to prevent use/installation of unauthorized hardware and/or software.
- have established rules for the safe and permanent destruction of data that are no longer required.
In addition, Embarcadero requires its Vendors (i) to maintain a list of subprocessors that may process the Personal Data of Vendor’s, and make available such list to Embarcadero; (ii) to require all subprocessors to abide by substantially the same obligations as Vendor under Embarcadero Data Processing Agreement for Vendors.
Embarcadero incorporates encryption, incident management, network and system integrity, and availability and resilience requirements into its security program.
Embarcadero uses standard security protocols mechanisms to exchange the transmission of sensitive data such as credit card details. When you enter sensitive personal information such as your credit card number on our site, we encrypt it using secure socket layer (SSL) technology.
In the event that your personal information is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, Embarcadero will notify you by e-mail or mail. Embarcadero will give you notice promptly, consistent with the reasonable needs of law enforcement and/or Embarcadero to determine the scope of the breach and to investigate and restore the integrity of the data system.
Effective for Idera, Inc. and its subsidiaries on April 23, 2018.
1 Modified and Effective on April 1, 2019
Idera has further committed to refer unresolved privacy complaints covering non-Human Resource data under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU Privacy Shield. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. If your concern continues to be unresolved, you may pursue binding arbitration through the Privacy Shield Arbitration Panel. To learn more about the Privacy Shield Panel, please visit https://www.privacyshield.gov/article?id=F-The-Arbitration-Panel.
Please note that Idera also receives some data via other compliance mechanisms, including data processing agreements based on the EU Standard Contractual Clauses.
As explained in our EMB_TEXT_PRIVACY_STATEMENT we sometimes provide personal information (such as name, email address, purchases, and billing information) to third parties to perform services on our behalf, or in response to contractual requirements. If we transfer personal information received under the Privacy Shield to a third party, the third party’s access, use, and disclosure of the personal data must also be in compliance with our Privacy Shield obligations, and we will remain liable under the Privacy Shield for any failure to do so by the third party unless we prove we are not responsible for the events giving rise to such failure to comply with the Privacy Shield obligations.
Idera is subject to the investigatory and enforcement powers of the US Federal Trade Commission. Idera may be required to disclose personal information that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Attn: Legal Department
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