Saas Privacy Policy

This Batoi Services Privacy Policy (“Services Privacy Policy”) is organized into three sections:

I

The first section (Services Personal Information Data Processing Terms) describes the privacy and security practices that Batoi Systems Inc. and its affiliates (“Batoi”) employ when handling Services Personal Information (as defined below) for the provision of Technical Support, Consulting, Cloud or other services (the “Services”) provided to Batoi customers (“You” or “Your”) during the term of Your order for Services.

Services Personal Information is personal information that is provided by You, resides on Batoi, customer or third-party systems and environments, and is processed by Batoi on Your behalf in order to perform the Services. Services Personal Information may include, depending on the Services: information concerning family, lifestyle and social circumstances; employment details; financial details; online identifiers such as mobile device IDs and IP addresses, and first party online behavior and interest data. Services Personal Information may relate to Your representatives and end users, such as Your employees, job applicants, contractors, collaborators, partners, suppliers, customers and clients.

II

The second section (System Operations Data Processing Terms) describes the privacy and security practices that apply to personal information that may be incidentally contained in Systems Operation Data that is generated by the interaction of (end-)users of our Services (“Users”) with the Batoi systems and networks used to monitor, safeguard and deliver Services to our customer base.

Systems Operations Data may include log files, event files, and other trace and diagnostic files, as well as statistical and aggregated information that relates to the use and operation of our Services, and the systems and networks these Services run on.

III

The third section (Communications and Notifications to Customers and Users) applies to both Services Personal Information and personal information contained in Systems Operations Data, describes how Batoi handles legally required disclosure requests, and informs You and Users how to communicate with Batoi’s Data Protection Officer or file a complaint.

The definitions of Services Personal Information and Systems Operations Data do not include Your or User contact and related information collected from the use of Batoi websites, or Your or User interactions with us during the contracting process. Batoi’s handling of this information is subject to the terms of the General Batoi Privacy Policy

Services Personal Information Data Processing Terms

Batoi treats all Services Personal Information in accordance with the terms of Sections I and III of this Policy and Your order for Services.

In the event of any conflict between the terms of this Services Privacy Policy and any privacy terms incorporated into Your order for Services, the relevant privacy terms of Your order for Services shall take precedence.

1
Performance of the Services

Batoi may process Services Personal Information for the processing activities necessary to perform the Services, including for testing and applying new product or system versions, patches, updates and upgrades, and resolving bugs and other issues You have reported to Batoi.

2
Customer instructions

You are the controller of the Services Personal Information processed by Batoi to perform the Services. Batoi will process your Services Personal Information as specified in Your Services order and Your documented additional written instructions to the extent necessary for Batoi to (i) comply with its processor obligations under applicable data protection law or (ii) assist You to comply with Your controller obligations under applicable data protection law relevant to Your use of the Services. Batoi will promptly inform You if, in our reasonable opinion, Your instruction infringes applicable data protection law. Additional fees may apply.

3
Rights of individuals

You control access to Your Services Personal Information by Your end users, and Your end users should direct any requests related to their Services Personal Information to You. To the extent such access is not available to You, Batoi will provide reasonable assistance with requests from individuals to access, delete or erase, restrict, rectify, receive and transmit, block access to or object to processing of Services Personal Information on Batoi systems.

4
Security and confidentiality

Batoi has implemented and will maintain technical and organizational measures designed to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Services Personal Information. These measures, which are generally aligned with the ISO/IEC 27001:2022 standard, govern all areas of security applicable to the Services, including physical access, system access, data access, transmission, input, security oversight, and enforcement.

Batoi employees are required to maintain the confidentiality of personal information. Employees' obligations include written confidentiality agreements, regular training on information protection, and compliance with company policies concerning protection of confidential information.

5
Incident Management and data breach notification

Batoi promptly evaluates and responds to incidents that create suspicion of or indicate unauthorized access to or handling of Services Personal Information.

If Batoi becomes aware and determines that an incident involving Services Personal Information qualifies as a breach of security leading to the misappropriation or accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Services Personal Information transmitted, stored or otherwise processed on Batoi systems that compromises the security, confidentiality or integrity of such Services Personal Information, Batoi will report such breach to You without undue delay.

As information regarding the breach is collected or otherwise reasonably becomes available to Batoi and to the extent permitted by law, Batoi will provide You with additional relevant information concerning the breach reasonably known or available to Batoi.

6
Subprocessors

To the extent Batoi engages third party subprocessors to have access to Services Personal Information in order to assist in the provision of Services, such subprocessors shall be subject to the same level of data protection and security as Batoi under the terms of Your order for Services. Batoi is responsible for its subprocessors’ compliance with the terms of Your order for Services.

Batoi maintains lists of Batoi Affiliates and subprocessors that may process Services Personal Information which lists are available upon request.

7
Cross-border data transfers

Batoi is a global corporation with operations in multiple countries and Services Personal Information may be processed globally as necessary in accordance with this policy. If Services Personal Information is transferred to a Batoi recipient in a country that does not provide an adequate level of protection for personal information, Batoi will take adequate measures designed to protect the Services Personal Information, such as ensuring that such transfers are subject to the terms of the EU Model Clauses or other adequate transfer mechanism as required under relevant data protection.

8
Audit rights

To the extent provided in your order for Services, You may at Your sole expense audit Batoi’s compliance with the terms of this Services Privacy Policy by sending Batoi a written request, including a detailed audit plan, at least six weeks in advance of the proposed audit date. You and Batoi will work cooperatively to agree on a final audit plan.

The audit shall be conducted no more than once during a twelve-month period, during regular business hours, subject to Batoi’s on-site policies and regulations, and may not unreasonably interfere with business activities. If You would like to use a third party to conduct the audit, the third-party auditor shall be mutually agreed to by the parties and the third-party auditor must execute a written confidentiality agreement acceptable to Batoi. Upon completion of the audit, You will provide Batoi with a copy of the audit report, which is classified as confidential information under the terms of Your agreement with Batoi.

Batoi will contribute to such audits by providing You with the information and assistance reasonably necessary to conduct the audit, including any relevant records of processing activities applicable to the Services. If the requested audit scope is addressed in a SOC 1 or SOC 2, ISO, NIST, PCI DSS, HIPAA or similar audit report issued by a qualified third-party auditor within the prior twelve months and Batoi provides such report to You confirming there are no known material changes in the controls audited, You agree to accept the findings presented in the third party audit report in lieu of requesting an audit of the same controls covered by the report. Additional audit terms may be included in Your order for Services.

9
Deletion or return of Services Personal Information

Except as otherwise specified in an order for services or required by law, upon termination of services or at your request, Batoi will delete your production customer data located on Batoi computers in a manner designed to ensure that they cannot reasonably be accessed or read, unless there is a legal obligation imposed on Batoi preventing it from deleting all or part of the data. You may consult with your Batoi services contact for additional information on data deletion prior to service completion.

Systems Operations Data Processing Terms

Responsibility and purposes

Responsibility and purposes for processing personal information

Batoi and its affiliated entities are responsible for processing personal information that may be incidentally contained in Systems Operations Data in accordance with Sections II and III of this Policy. We may collect or generate Systems Operations Data for the following purposes:

  • to help keep our Services secure, including for security monitoring and identity management.
  • to investigate and prevent potential fraud or illegal activities involving our systems and networks, including to prevent cyber-attacks and to detect bots.
  • to administer our back-up disaster recovery plans and policies.
  • to confirm compliance with licensing and other terms of use (license compliance monitoring).
  • for research and development purposes, including to analyze, develop, improve and optimize our Services.
  • to comply with applicable laws and regulations and to operate our business, including to comply with legally mandated reporting, disclosure or other legal process requests, for mergers and acquisitions, finance and accounting, archiving and insurance purposes, legal and business consulting and in the context of dispute resolution.

For personal information contained in Systems Operations Data collected in the EU, our legal basis for processing such information is our legitimate interest in performing, maintaining and securing our products and services and operating our business in an efficient and appropriate manner. Personal information may also be processed based on our legal obligations or legitimate interest to comply with such legal obligations.

Sharing personal information

Sharing personal information

Personal information contained in Systems Operations Data may be shared throughout Batoi's organization.

We may also share such personal information with the following third parties:

  • third-party service providers (for example IT service providers, lawyers and auditors) in order for those service providers to perform business functions on behalf of Batoi.
  • relevant third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
  • as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities outside your country of residence, for national security and/or law enforcement purposes.

When third parties are given access to personal information contained in Systems Operations Data, we will take the appropriate contractual, technical and organizational measures to ensure, for example, that personal information is only processed to the extent that such processing is necessary, consistent with this Privacy Policy and in accordance with applicable law.

Cross-border data transfers

Cross-border data transfers

If personal information contained in Systems Operations Data is transferred to a Batoi recipient in a country that does not provide an adequate level of protection for personal information, Batoi will take measures designed to adequately protect information about Users, such as ensuring that such transfers are subject to the terms of the EU Model Clauses.

Security

Security

Batoi has implemented appropriate technical, physical and organizational measures designed to protect personal information against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorized disclosure or access as well as all other forms of unlawful processing (including, but not limited to, unnecessary collection) or further processing.

User choices

User choices

To the extent provided under applicable laws, Users may request to access, correct, update or delete personal information contained in Systems Operations Data in certain cases, or otherwise exercise their choices with regard to their personal information by filling out an inquiry form.

Communications and Notifications to Customers and Users

1
Legal requirements

Batoi may be required to provide access to Services Personal Information and to personal information contained in Systems Operations Data as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect Your or a User’s safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities outside Your or a User’s country of residence, for national security and/or law enforcement purposes.

Batoi will promptly inform You of requests to provide access to Services Personal Information, unless otherwise required by law.

2
Data Protection Officer

Batoi has appointed a Data Protection Officer. If You or a User believe that personal information has been used in a way that is not consistent with this Privacy Policy, or if You or a User have further questions, comments or suggestions related to Batoi’s handling of Services Personal Information or personal information contained in Systems Operations Data, please contact the Data Protection Officer by filling out an inquiry form.

Written inquiries to the Data Protection Officer may be addressed to.

3
Dispute resolution or filing a complaint

If You or a User have any complaints regarding our compliance with our privacy and security practices, please contact us first. We will investigate and attempt to resolve any complaints and disputes regarding our privacy practices.

For Users that have an unresolved privacy or data use concern that we have not addressed satisfactorily, under certain conditions, Users may invoke binding arbitration when other dispute resolution procedures have been exhausted. Users also have the right to file a complaint with a competent data protection authority if they are a resident of a European Union member state.

4
Changes to this Services Privacy Policy

This Privacy Policy was last updated on April 22, 2022. However, the Services Privacy Policy can change over time, for example to comply with legal requirements or to meet changing business needs. In cases of material changes, we will also inform you in another appropriate way (for example via a pop-up notice or statement of changes on our website) prior to the changes becoming effective.

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