Privacy Notice

Privacy Notice

General Statement

Protera Technologies (Protera) considers privacy of paramount importance and is firmly committed to protecting and respecting the privacy, security, and lawful and correct treatment of personal data of all affected individuals. To this end, Protera adheres to privacy and security principles which align with applicable data protection legislation and industry best practices.

In particular, Protera complies with applicable data protection legislation, including the California Consumer Privacy Act (CCPA), as well as the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), as set forth by the U.S. Department of Commerce. Protera has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  Protera has also certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy notice and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit the Data privacy framework website.

Scope

This Privacy Notice is intended to explain how Protera processes and protects the personal data collected from clients and end-users of Protera services, vendors, partners, employees (current and former), independent contractors, job applicants and users of Protera websites (you, your or yours) and applies to the personal data that Protera collects through the websites, online features, services and applications owned or controlled by Protera. This Notice describes, also, the options you have regarding the use, access, correction and control of your personal data, as well as how to contact Protera regarding its privacy practices.

By accessing or otherwise using the Protera websites, online features, services and applications, you agree to the processing practices and other activities described in this Privacy Notice.

What Personal Data does Protera hold?

Protera captures and processes different types of data, including personal data, depending on the context of your interactions with Protera. This includes but is not limited to:

• Personal Identification and Address Details. Indicatively: title, name, address, gender, marital status, date and place of birth, nationality, national unique identifier e.g.  social security or public service number, passport number, driving license number.
  
  
• Communication Means and Contact Details. Indicatively: phone number, email, fax, and other details, such as the parties to the communications and the time of the communication.
  
  
• Employment Related Data. Indicatively: employer, job title, manager, department, location and business unit, employment history.
  
  
• Financial, Economic and Insurance Data. Indicatively: bank account details, payroll details, tax codes, allowances, and credits and responsible tax office details, billing and payment data, financial data and bank data.
  
  
• Technical information relevant to information technology management. This includes but is not limited to: user log data, statistics of information systems administration, user IDs and passwords, IP address, assigned user roles (authorizations, objects, transaction codes).
  
  
• Operational Data. This includes planning and management data related to operations and supply chain flows used to monitor production processes.
  
  
• Photography & Video Information. This includes but is not limited to: personnel or job applicant profile photos, video conversations with HR personnel, image captured by Protera office cameras and image or video obtained during the marketing events of Protera.
  
  
• Third-Party Provided Data: Protera partners with third-parties (for instance, payment service providers) that provide products and services in relation to Protera services. These third-parties may provide Protera with your billing data. Such data is treated by Protera in the same manner as any data provided to Protera by you directly. 

Why does Protera collect Personal Data?

Protera believes in minimizing the data it collects and limits the use strictly to the data which a) Protera is given permission by you to collect and use; b) is necessary for Protera to deliver its services; or c) might be required or permitted by law. On that account, Protera collects data for three main reasons: (1) to operate effectively; (2) to provide (including improving and personalizing) the products and services that Protera offers; and (3) to send communications, including promotional communications.

Business Operations. Protera collects data to develop aggregate analysis and business intelligence that enable the organization to operate, protect, make informed decisions and report on the performance of its business. Moreover, Protera collects data to protect the security and safety of its products and services, as well as yours, to detect and prevent fraud, to resolve disputes and enforce the Protera agreements, and to comply with legal and regulatory obligations.

Providing & Improving Services. Protera also collects data to carry out your interactions with Protera and to provide products and services to you. Oftentimes, the Protera products and services are customized to enhance your productivity and satisfaction and are tailored based on the data that Protera has about your activities, preferences, and location. Protera uses collected data to diagnose problems with our products and services, and to provide other managed and support services.  Protera uses data to continually improve its services and products, including adding new services, products and capabilities.

Communications: Protera uses collected data for relationship management and marketing purposes. Protera may also use your personal data to communicate with you and personalize the communications with you. For instance, Protera may contact you regarding products or services you have expressed an interest in, notify you when a service is ending, discuss your business relationship with Protera, let you know when new services are available, invite you to participate in a survey, conference or event, or inform you that you need to take action to keep your account up to date.

How does Protera collect Personal Data?

In most cases, Protera collects data directly from you; for instance, when you access or use the Protera websites, submit an email query, request marketing information, register for an assessment, create an account on one of our online services applications, use Protera services, contact Protera for support or apply for a job.

Protera also captures some data from the devices (including mobile devices) and applications that you use when accessing and/or using any of the Protera websites, applications or services. For instance, Protera may collect the device identification number and type, location information and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your web log information. Technologies like cookies (see below), and error reports or usage data generated from software running on your device contribute to this end.

In addition to these, Protera obtains data from third-parties such as the event management partner of Protera, social networks and HubSpot, career portals and personnel recruiting agencies. Protera protects all data obtained from third-parties according to the practices described in this Privacy Notice, in addition to any ancillary restrictions imposed by the source of the data.

You have options regarding the data that Protera collects. When you are asked to provide personal data, you may decline. In case, however, you choose not to provide necessary data, Protera may not be able to be of service to you. The data that Protera collects depends on the context of your interactions with Protera, the choices you make, including your privacy settings, and the products and services you use. 

Protera’s legal bases for collecting and processing Personal Data:

Certain jurisdictions require lawful justification for the collection and processing of personal data. Protera collects and processes personal data on the legal grounds of:   

1. Your direct consent given by the very disclosure of the relevant personal data to Protera;
   
   
2. The performance of a relevant contract concluded with Protera;
   
   
3. Protera’s compliance with its legal obligations;
   
   
4. The safeguard of Protera’s legitimate interests.

To whom does Protera disclose Personal Data?

Protera may share your personal data with external parties in order to meet its obligations (legal, regulatory and/or contractual) and to provide effectively its services to you. Therefore, Protera may disclose your Personal Data to:

1. Law Enforcement Agencies, Regulators and Supervisory Authorities to comply with applicable law and/or respond to a valid legal process, including from law enforcement or other government agencies;
   
   
2. Labor authorities and agencies for business-related purposes, including responding to information requests, fulfilling regulatory reporting requirements, and defending against employment related complaints;
   
   
3. Legal professionals;
   
   
4. Protera-controlled affiliates and subsidiaries;
   
   
5. Vendors and trusted third-party service providers to allow them to integrate their services into the Protera services and/or to perform services on behalf of Protera; 
   
   
6. Third-parties as part of a corporate transaction such as a merger or acquisition;

Protera shares data securely and only when absolutely necessary. Your data will never be sold to external parties or organizations for marketing purposes. Third-parties, to whom personal data are disclosed, are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing, or retaining your Personal Data for any purpose other than as they have been specifically contracted for.

Personal Data Rights & Control

Depending on your jurisdiction and applicable law, you have certain rights in relation to your personal data. For instance, you have the right to obtain a copy of your personal data held by Protera, as well as to revise and erase it partly or wholly. You can also restrict or object to the use of your personal data, as well as request the personal data you provided to Protera to be moved to another organization.

Especially residents of the European Economic Area (EEA) and United Kingdom (UK) have the following rights under the EU Regulation 2016/679 and the UK Data Protection Act 2018 (collectively GDPR). You have:

• The right to be informed in a clear, transparent and easily understandable way about the personal data Protera holds, how Protera uses your data as well as your rights. This is the purpose of this Privacy Notice.
  
  
• The right to access your personal data, so that you are aware and can confirm that Protera is using your data according to the data protection laws.
  
  
• The right to rectification; meaning you are entitled to have your personal data corrected or amended if it is no longer inaccurate or incomplete or, as the case may be, if it is collected in violation of the EU-US Data Processing Framework.
  
  
• The right to erasure, or else “the right to be forgotten”. This means that, subject to certain exceptions, you can request the deletion or removal of your personal data where there is no compelling reason for Protera to keep using it.
  
  
• The right to restrict the further processing of your personal data. When processing is restricted, Protera can still store your personal data, but may not use it further. Protera maintains a list of people who have asked for the “block” of further use of their data to make sure the restriction is respected in the future.
  
  
• The right to data portability. This means that, subject to certain exceptions, you can obtain and reuse your personal data for your own purposes across different organizations.
  
  
• The right to object to the processing of your personal data, including the right to object to certain types of processing, and you may change your preferences at will.
  
  
• The right to lodge a complaint about the way Protera handles or processes your personal data with your respective data protection regulator.

Irrespective of jurisdiction, if you have provided your consent to the use of your personal data for a specific purpose, you have the right to withdraw your consent for that specific use at any time. Protera will no longer use your data for the purpose(s) you originally agreed to, once Protera receives notification that you have withdrawn your consent. This, however, does not mean that the use of your personal data by Protera with your consent up to that point is unlawful. You can withdraw your consent to the processing of your personal data at any time.

Should you wish to exercise any of the individual rights afforded to you by the applicable data protection laws and regulations, please contact the Protera Data Protection Team at dpteam@protera.com . You may also write to the Protera Data Protection Team at the addresses listed in the “Contact Information” section below. Please note that, for the protection of your privacy, Protera may ask for additional information to verify your identity to respond to your request(s).

If you receive additional communications from Protera, you may also opt out of receiving future communications by updating your communication preferences. This link is available in all email communications.

Cookies and Analysis

Cookies are small text files that are placed on your computer - or other Internet connected devices - by websites that you visit. Their purpose is to make websites work properly, efficiently and securely, as well as to provide the owners of the websites with information.

Protera uses cookies on its websites. The cookies that Protera uses facilitate the core functionality of the websites and help analyze how users navigate through them, so that Protera can evaluate and improve both the performance of the websites and the site experience of the visitors. Protera uses the information collected through the cookies to compile statistical data on the websites’ usage, but the information obtained is processed on an anonymous, aggregated basis and you cannot be identified from this. Moreover, cookies cannot mine information about you or your family from your computer, nor read any material kept on your hard drive. Cookies cannot be used to identify who you are.

Please be informed that you have control over how cookies are placed on your devices and can even opt-out of accepting cookies by modifying the settings on your browser. You can look at your browser’s Help Menu for more information about cookies, including how to set your internet browser to reject cookies. However, keep in mind that if you turn cookies off, some of the features that make your site experience more efficient may not function properly.

The table below lists the cookies Protera uses:

Automated Decision Making

Protera does not use automated decision making or profiling processes (an automated analysis of and decision making on the basis of your personal data or personal circumstances) to deliver its services.

International Data Transfers

Protera is a global service provider headquartered in the United States of America. Protera may transfer or share your data across international borders for its operational procedures. Your data may also be processed by personnel located outside the country of your origin who are working for Protera or Protera vendors.

Protera safeguards all personal data received from the European Economic Area (EEA) and the United Kingdom (UK) and which is regulated by the GDPR. Protera is committed to protecting such GDPR personal data in accordance with its obligations under applicable law, including GDPR Articles 45 to 50, and the EU-U.S. Data Privacy Framework Principles and the Swiss-U.S. Data Privacy Framework Principles (Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability).

Protera takes measures to ensure your data is transferred and treated securely with appropriate safeguards and controls in place that comply with applicable laws, including the EU GDPR and the UK’s International Data Transfer Addendum. Protera exercises due diligence in selecting the recipients of data across international borders and requires, through appropriate contractual measures (such as European Commission Standard Contractual Clauses), that they comply with adequate organizational and technical security measures to protect personal data and process them only in accordance with the instructions of Protera and not for other purposes. 

To the extent permitted by applicable law, your use of websites, online features, services and applications owned or controlled by Protera constitutes your consent to the transfer of your Personal Data to Protera in the United States in the context of the EU-US Data Privacy Framework, as set out in Commission Implementing Decision of July 10, 2023 pursuant to the GDPR on the adequate level of protection of personal data under the EU-US Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework.

In case Protera transfers personal data to a third-party acting as a controller, Protera will comply with the Notice and Choice Principles. Protera will enter into an agreement with the said third-party (acting as controller) according to which personal data may only be processed for limited and specified purposes consistent with the consent provided by you, and the third-party will provide the same level of protection as is provided by the Principles and will notify Protera if it makes a determination that it can no longer meet this obligation. The agreement shall also provide that when such a determination is made the third-party will cease the processing or will take other reasonable and appropriate steps to remediate.

In case where Protera transfers personal data to a third-party acting as an agent (processor for purposes of GDPR), Protera will: (i) transfer such data only for limited and specified purposes; (ii) ascertain that the agent is obligated to provide at least the same level of privacy protection as is required by the Principles; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the personal data transferred in a manner consistent with the Protera’s obligations under the Principles; (iv) require the agent to notify Protera if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Principles; (v) upon notice, including under (iv), will take reasonable and appropriate steps to stop and remediate unauthorized processing; and (vi) provide a summary or a representative copy of the relevant privacy provisions of Protera’s agreement with that agent to the U.S. Department of Commerce upon request.

Protera complies with the protection obligations covering personal data it receives under the Data Privacy Framework Principles, including the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, and subsequently transfers to a third-party. When Protera performs an onward transfer of your personal data received under the Data Privacy Framework Principles, Protera shall remain responsible for the processing of your data. In particular, Protera will remain liable under the Data Privacy Framework Principles if a recipient of your protected personal data processes such data in a manner inconsistent with the Data Privacy Framework Principles, unless Protera is able to prove that Protera is not responsible for the event giving rise to the damage.

Personal Data Retention

Protera retains personal data for as long as it is considered necessary for the purposes for which the data was collected. Personal Data are retained according to the Data Retention Policy of Protera. Applicable laws and regulations may require Protera to keep records for specific periods of time, subject to certain exceptions. We may also need to keep records in order to administer the insurance relationship, to fulfil our contractual or statutory obligations or to resolve queries or disputes which may arise.

Information Security

Protera prioritizes the security of your personal data. Therefore, Protera implements technical and organizational measures that a) follow the state of the art and international best practices, b) correspond to the risk posed to the personal data held by Protera, and c) adhere to the recommendations of competent supervisory authorities, the applicable norms and standards. The measures implemented aim at protecting your personal data from loss, misuse, alteration, or destruction and ensuring its on-going integrity and confidentiality. Protera evaluates its security measures at regular intervals based on the state of the art to ensure the security of all data held.

Age Restrictions

The Protera websites and services are intended for business use only; and they are available for use to legal entities or individuals who are over the age of 18.  Protera does not knowingly collect any personal data from children younger than the age of eighteen (18), or otherwise as prohibited by applicable law. If, however, you know or have reason to believe that anyone under the age of 18 has provided Protera with any personal data, please contact the Protera Data Protection Team at dpteam@protera.com.

Contact Information

Your personal data has either been or will be collected by Protera, or has been or will be transmitted to Protera. If at any time you have questions or concerns about the processing of your personal data, the privacy practices of Protera or any of your rights described in this Privacy Notice, please contact the Protera Data Protection team at: dpteam@protera.com. As an alternative, you may contact the Protera Data Protection team by mail at one of the following addresses:

Worldwide:

Protera Technologies, LLC

Attn: Data Protection Team

1 Westbrook Corporate Center Suite 560

Westchester, IL 60154 USA

European Economic Area (EEA):

Protera Technologies, LLC

Attn: Data Protection Team

308 Mesogeion Ave. & 2 Arkadiou St.

Holargos, 15562, Attiki Greece

Complaints

If you have any concerns or complaints regarding this Privacy Notice or the processing of your personal data, please contact the Protera Data Protection team by email at dpteam@protera.com or by mail at the addresses given in the “Contact Information” section above.

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Protera commits to resolve DPF Principles-related complaints about the collection and use of your personal data from Protera.  EU, UK and Swiss individuals with inquiries or complaints regarding Protera’s handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF should first contact Protera at the addresses given above.

Please note that you may be requested to provide official identification information, such as a copy of your ID card, passport, drivers’ license, etc., upon submitting a complaint.

If you are a resident of the European Economic Area (EEA) and have not received timely acknowledgment of your complaint from Protera, or if Protera has not resolved your complaint with regard to Personal Data, you may further direct questions and/or complaints to Protera’s lead supervisory authority, the Hellenic Data Protection Authority as noted below:

Hellenic Data Protection Authority

Kifissias 1-3, 115 23 Athens, Greece

Call Centre: +30-210 6475600

Fax: +30-210 6475628

E-mail: contact@dpa.gr

Web: https://www.dpa.gr/en

Residents of the United Kingdom and Switzerland may further direct your questions and/or complaints respectively to the UK Information Commissioner’s Office (ICO) at www.ico.org.uk and the Swiss Federal Data Protection and Information Commissioner (FDPIC) at https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html.

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Protera commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO) and the Gibraltar Regulatory Authority (GRA) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning Protera’s handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF.

Under certain conditions, you have the right to invoke binding arbitration for your complaints regarding Protera’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF; provided that your said complaints have not been resolved by any of the other available resolution mechanisms. For additional information on your rights to arbitration, please see Annex I of the DPF Principles (ANNEX-I-introduction). In case you invoke binding arbitration, you have to deliver notice to Protera, follow the procedures and abide by the conditions set forth in Annex I.

Please note that the Federal Trade Commission has investigatory and enforcement powers over claims against Protera regarding possible unfair or deceptive practices and violations of the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework.

Changes to the Protera Privacy Policy

Protera reserves the right to update this Privacy Notice at any time, to the extent permitted by applicable law and the principles of the Frameworks.  In this case, Protera will notify the changes to this Privacy Notice by posting the revised Privacy Notice on the Protera websites and any other places deemed appropriate. If Protera makes any material changes you will be notified here, by email or by means of a notice on the Protera home page prior to the change becoming effective.

Updated: March 2024