PROGRESS SOFTWARE CORPORATION Notice of Certification Under the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework
Effective as of August 13, 2018
For purposes of enforcing compliance with the Privacy Shield, Progress is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce’s Privacy Shield website located at: https://www.privacyshield.gov. To review Progress’ representation on the Privacy Shield list, see the US Department of Commerce’s Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.
Progress’ participation in the Privacy Shield applies to personal data provided by Progress’ employees, business partners and customers where such personal data is received from the European Union and Switzerland. Progress will comply with the Principles in respect of such personal data. You can find more information about the Principles at https://www.privacyshield.gov/EU-US-Framework.
Consistent with the Privacy Shield Principles, Progress may transfer personal information to third parties, including transfers from one country to another. We will only disclose an individual’s non-public personal information to third parties either (a) to a third party providing services to Progress, or to the individual, in connection with the operation of our business, and as consistent with the purpose for which the personal information was collected, (b) with the data subject’s permission, (c) where required to meet a legal obligation, or (d) where reasonably necessary for compliance, regulatory or other legal purposes. Progress maintains written contracts with applicable third-parties to ensure that they provide at least the same level of privacy protection and security as required by the Privacy Shield Principles. To the extent provided by the Principles, Progress remains responsible and liable under the Privacy Shield Principles if a third-party that it engages to process personal information on its behalf does so in a manner inconsistent with the Privacy Shield Principles, unless Progress proves that it is not responsible for the matter giving rise to the damage.
Progress commits to cooperate with any applicable EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and to 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.
Progress will respond to any inquiries or complaints within forty-five (45) days.
In compliance with the Privacy Shield Principles, Progress commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Progress at Privacy@Progress.com. Emails to this address are received and reviewed by Progress’ Data Protection Officer.
Progress 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 we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.
If your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
This Notice may be amended consistent with the requirements of the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. When we update this Notice, we will also revise the "Last Updated" date at the top of this document.