Safe Harbor. The United States Department of Commerce and the European Commission have agreed on a set of data protection principles (the "U.S.-EU Safe Harbor Principles") and frequently asked questions (collectively the “U.S.-EU Safe Harbor Framework”) 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 EEA also has recognized the U.S. Safe Harbor as providing adequate data protection. The United States Department of Commerce and the Federal Data Protection and Information Commissioner of Switzerland have agreed on a similar set of data protection principles (the "U.S.-Swiss Safe Harbor Principles") and frequently asked questions (collectively the “U.S.-Swiss Safe Harbor Framework) to enable U.S. companies to satisfy the requirement under Swiss law that adequate protection be given to personal information transferred from Switzerland to the United States. Consistent with its commitment to protect personal privacy, Bottomline Technologies adheres to the U.S.- EU and U.S.-Swiss Safe Harbor Principles (hereinafter “Safe Harbor Principles”). To learn more about the Safe Harbor program, and to view Bottomline Technologies certification, please visit http://www.export.gov/safeharbor/.
In October 2015, the Court of Justice of the European Union (CJEU) issued a ruling which invalidated the EU-US Safe Harbor Framework as the basis for the transfer of personal data from the European Union to the United States. We know that our customers trust and rely on us for the delivery of critical information to individuals globally, and therefore we have taken action to address the changes that have arisen around the transfer of personal data following the CJEU decision. Bottomline has implemented the European Commission’s standard contractual clauses (also referred to as the Model Clauses) where appropriate with subsidiaries and vendors. We further note that on February 2, 2016, the US and the European Union announced their agreement to a new framework referred to as the EU-US Privacy Shield. There is more to be done before the Privacy Shield framework can be implemented and therefore we will continue to monitor these developments and will update this privacy notice as appropriate.
Scope. This Safe Harbor Privacy Notice (the "Notice") applies to all personal information received from consumers by Bottomline Technologies in the United States from the European Economic Area and from Switzerland, in any format including electronic, paper or verbal. Bottomline Technologies provides a wide range of technology products for the payment sectors such as payment processing, merchant settlement and business process services, security fraud prevention and account services to EEA Clients.
In order to provide these services, Bottomline Technologies receives information about the customers of these EEA Clients including but not limited to personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life or name, office and personal telephone numbers, company and home address, account numbers and transaction details, website login credentials, and email address (collectively, Personal Information).
Use of Personal Information. Bottomline Technologies uses Personal Information to perform its obligations under its EEA Client agreements, including the following activities:
- Processing opening, change or closing requests for individuals on behalf of the EEA Client;
- Processing opening, change or closing requests for accounts on behalf of the EEA Client;
- Processing transaction information on behalf of the EEA Client;
- Providing transaction screening services to EEA Clients;
- Providing data security services to EEA Clients;
- Providing account management services to EEA Clients; and
- Providing EEA Client support or implementation services for the above activities and for Bottomline Technologies software.
If Bottomline Technologies intend to use your information for a purpose that is incompatible with these purposes or if we intend to disclose it to a type of third party not previously identified, we will notify you and offer you the opportunity to opt out of such uses and/or disclosures. Bottomline Technologies 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 Bottomline Technologies has knowledge that an agent is using or disclosing personal information in a manner contrary to this Notice, Bottomline Technologies will take reasonable steps to prevent or stop the use or disclosure.
Data Security. Bottomline Technologies use reasonable physical, electronic, and administrative safeguards to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Bottomline Technologies processing technologies and operations employ a wide range of security measures including: physical, electronic, and procedural safeguards; sophisticated security monitoring tools; documented security policies; use of encryption and/or private leased lines for transmissions of Personal Information to and from EEA Clients; restricted access of personally identifiable information only to those of its employees that need to know the information; and, periodic security audits by internal governance, compliance and audit groups and third party security experts.
Data Integrity. Bottomline Technologies take reasonable steps to ensure that Personal Information we process is reliable for its intended use, accurate, complete, and current to the extent necessary for the purposes for which we use the Personal Information.
Access to Personal Data. You can ask to review and correct the Personal Information that we maintain about you by sending a written request to the address listed at the end of this Policy. However, because most Personal Information received by Bottomline Technologies is processed and sent back to the EEA Client, Bottomline Technologies recommends that you first contact the EEA Client to whom you submitted the data and request access to your Personal Information from the EEA Client.
Limitation to Principles. Adherence by Bottomline Technologies, 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.
Safe Harbor Enforcement & Dispute Resolution. If you have any questions or concerns about this Notice or the Safe Harbor practices of Bottomline Technologies, please write to us at the address listed below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the Safe Harbor Principles.
Data Privacy Office/CISO
325 Corporate Drive.
Portsmouth, NH 03801
If after contacting the EEA Client and Bottomline Technologies, an individual’s complaint or dispute has not been resolved, s/he can contact the International Centre for Dispute Resolution of the American Arbitration Association at www.adr.org. This organization will provide independent dispute resolution.
EFFECTIVE DATE: May 24th, 2016