The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the “Safe Harbor Principles”) to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. The EU also has recognized the U.S. Safe Harbor as providing adequate data protection. Consistent with its commitment to protect personal privacy, Stratus adheres to the Safe Harbor Principles.
DEFINITIONS: For purposes of this Policy, the following definitions shall apply:
“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, Stratus or to which Stratus discloses personal information for use on Stratus’ behalf.
“Personal information” means any information or set of information that identifies or is used by or on behalf of Stratus to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.
“Sensitive personal information” means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. In addition, Stratus will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
The privacy principles in this Policy are based on the Safe Harbor Principles.
NOTICE: Where Stratus collects personal information directly from individuals in the EU, it will inform them about the purposes for which it collects and uses personal information about them and the choices and means, if any, Stratus offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Stratus, or as soon as practicable thereafter, and in any event before Stratus uses or discloses the information for a purpose other than that for which it was originally collected or discloses information to a non-agent third party.
Where Stratus receives personal information from its subsidiaries, affiliates or other entities in the EU, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.
CHOICE: For personal information, Stratus will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For sensitive personal information, Stratus will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
Stratus will provide individuals with reasonable mechanisms to exercise their choices.
DATA INTEGRITY: Stratus will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Stratus will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current. We will only collect and store personal information that is relevant to fulfill the purpose of the request and will retain such information no longer than appropriate to fulfill the purpose of the request.
TRANSFERS TO AGENTS: Stratus will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the agent, or being subject to another European Commission adequacy finding (e.g., companies located in Canada). Where Stratus has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Stratus will take reasonable steps to prevent or stop the use or disclosure.
ACCESS AND CORRECTION: Upon request, Stratus will grant individuals reasonable access to personal information that it holds about them. In addition, Stratus will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. These requests can be made by contacting legal@Stratus.com or by mail to 5 Mill & Main Place, Suite 500., Maynard, MA 01754, Attn: Legal Department, or by fax to 978-461-3690.
SECURITY: Stratus will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
ENFORCEMENT: Stratus will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Stratus determines intentionally violates this policy will be subject to disciplinary action up to and including termination of employment.
DISPUTE RESOLUTION: Any concerns or complaints regarding the use or disclosure of personal information should be directed to the Stratus Legal Department at legal@Stratus.com, by fax at 978-461-3690 or by mail at Stratus Technologies, Inc. 5 Mill & Main Place, Suite 500, Maynard, MA 01754. The Stratus Legal department will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between us, you may raise your complaint with TRUSTe by Internet, fax at 415-520-3420, or mail at Watchdog Complaints, TRUSTe, 835 Market St Suite 800, San Francisco Ca 94103. If you are faxing or mailing TRUSTe to lodge a complaint, you must include the following information: the name of company, the alleged privacy violation, your contact information, and whether you would like the particulars of your complaint shared with the company. For information about TRUSTe or the operation of TRUSTe’s dispute resolution process, see their website or request this information from TRUSTe at any of the addresses listed above. The TRUSTe dispute resolution process shall be conducted in English.
LIMITATIONS ON APPLICATION OF PRINCIPLES
Adherence by Stratus to these Safe Harbor Principles may be limited (a) to the extent required or permitted by law or legal process, such as to respond to or investigate a legal or ethical obligation or request or pursuant to court orders, subpoenas, interrogatories or similar directive carrying the force of law; and (b) to the extent expressly permitted by an applicable law, rule or regulation.
Questions or comments regarding this Policy should be submitted by mail as follows:
Stratus Technologies, Inc.
5 Mill & Main Place, Suite 500
Maynard MA 01754
Attn: Legal Department
We periodically review this Policy to ensure that is consistent with the requirements of the Safe Harbor Principles. If we make changes to this Policy, we will prominently post the revision at our website. We encourage you to review this Policy from time to time so that you are fully informed of how we are protecting your personal information.
EFFECTIVE DATE: February 17, 2012