Onna Technologies, Inc. (Onna) has adopted this Privacy Shield Policy (“Policy”) to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data transferred from the European Union, the European Economic Area, and Switzerland to the United States.

Onna regards the privacy of individuals and the confidentiality of our clients’ business activities to be essential to our values as a company.

Onna complies with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from Individual End Users in the European Union member countries and Switzerland. Onna has certified that it adheres to the Privacy Shield Privacy Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement and liability. If there is any conflict between the policies in this Privacy Shield Policy and the Privacy Shield Privacy Principles, the Privacy Shield Privacy Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov. 

The U.S. Federal Trade Commission (FTC) has jurisdiction over Onna’s compliance with the Privacy Shield.

All Onna Workforce Members who handle Personal Data from Europe and Switzerland are required to comply with the Principles stated in this Policy.

Capitalized terms are defined in the “Defined Terms” section of this Policy.

By using the Onna website and Onna’s Services, placing an order with Onna on its website, through Onna’s Service’s registration portal, through sales channels, or through any other means, you agree to the Onna Terms and Conditions set forth below, including, without limitation, the Privacy Policy at https://onna.com/privacy-policy/. 

Responsibilities and Management

Onna has designated its security department to oversee its information security program, including its compliance with the EU and Swiss Privacy Shield program. The security department shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to privacy@onna.com. 

Onna will maintain, monitor, test, and upgrade information security policies, procedures, practices, processes, and systems to assist in protecting the Personal Data that it collects. Onna Workforce Members will receive training, as applicable, to effectively implement this Policy. Please refer to “Data Integrity and Security” section for a discussion of the steps that Onna has undertaken to protect Personal Data.

Privacy Shield Renewal / Verification

Onna will renew its EU-US Privacy Shield and Swiss-US Privacy Shield certifications annually or as frequently as required, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.

Prior to re-certification, Onna will conduct an in-house verification to reasonably ensure that its attestations and assertions about its treatment of Individual End User Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, Onna will undertake the following:

1. Review this Policy and its publicly posted Privacy Policy on its website to ensure that these policies accurately describe the practices regarding the collection of Individual End User Personal Data.
2. Ensure that the publicly posted Privacy Policy informs Individual End Users of Onna’s participation in the EU-US Privacy Shield and Swiss-US Privacy Shield programs and where to obtain a copy of additional information (e.g., a copy of this Policy).
3. Ensure that this Policy continues to comply with the Privacy Shield principles.
4. Confirm that Individual End Users are made aware of the process for addressing complaints and any independent dispute resolution process (Onna may do so through its publicly posted website, through Customer agreements, or both).
5. Review its processes and procedures for training Workforce Members about Onna’s participation in the Privacy Shield programs and the appropriate handling of Personal Data.
6. Onna will prepare internal verification statements as appropriate.

Data Processing

Onna may process Personal Data on behalf of our Customers to provide Onna’s Services. In providing our Services, we process data our Customers submit and instruct us to collect, process, index, share, and export on their behalf in connection to our Services. Other than as provided herein, as agreed with our Customers or as permitted under applicable data protection law, the data Onna collects is not disclosed or shared with Third Parties. Onna only discloses data to Third Parties in order for Onna to provide its Services or as required by law and process Customer data or Individual End User Personal Data. For more information about the types of information collected and the uses of said information, please see Onna’s Privacy Policy at https://onna.com/privacy-policy/.  

Collection and Use of Personal Data

Onna provides Services to its Customers who purchase or register for its products. Onna collects Personal Data from individuals or Individual End Users of Customers when these Individual End Users purchase its products, register with our website, log-in to their account, use the Onna Service or website, complete surveys, request information or otherwise communicate with us or Onna may process Personal Data on behalf of our Customers to provide Onna’s Services as previously described in the section “Data Processing”. 

The Individual End User Personal Data that we collect may vary based on the Individual End User’s interaction with our Service or website, use of Service or website, and request for our services. As a general matter, Onna collects the following types of Personal Data from its Individual End Users who interact or use our Service: contact information, including, a contact person’s name, work email address, work mailing address, work telephone number, title, and company name, as well as payment information (which might include credit card and/or bank account information). Individual End Users have the option to log into their accounts online and to request support or when sending an email to our support systems; we will collect information that they choose to provide to us through these mechanisms.

When Individual End Users use our services online, we will collect their IP address and browser type. We may associate IP address and browser type with a specific customer. We also may collect Personal Data from persons who contact us through our website to request additional information; in such a situation, we would collect contact information (as discussed above) and any other information that the person chooses to submit through our website.

The information that Onna collects from Individual End Users is used for monitoring and logging of security events and access, monitoring of activities the user performs in our Services or on its website, managing transactions, reporting, invoicing, renewals, and other operations related to providing services and products to Customers and the Individual End User who uses them.

Onna uses Personal Data that it collects directly from Individual End Users for the following business purposes, without limitation:

1. Maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to a Customer);
2. If applicable, satisfying governmental reporting, tax, and other requirements;
3. Storing and processing data, including Personal Data, in computer databases and servers located in the United States;
4. Verifying identity (i.e., for online access to accounts, activity within the service);
5. As requested by the Customer;
6. And as otherwise required by law.

Onna does not disclose personal information to Third Parties for purposes that are materially different than what it was originally collected for. Should this change in the future, we will provide individuals with the option to opt-out.

Use of Third Parties / Onward Transfers of Personal Data

Onna uses a limited number of Third Parties to assist in providing Onna’s Services to our Customers. These third-party providers perform the technical implementation and management of some aspects of Onna’s Services such as data collection and processing, data storage, hosting services, and support services. Third Parties may access, collect, process, and store Personal Data in the course of providing Onna’s Services.

In order to provide Services related to data processing for Customers, Onna requires the use of Google Cloud Platform (GCP) to collect, process, and host Customer data. Google Cloud Platform adheres to EU-US and Swiss-US Privacy Shield regulations. For more information about regulatory certifications, please see Google’s Compliance Policy at https://cloud.google.com/security/compliance. 

Except as otherwise provided herein, Onna discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.

Onna may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, Onna may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by Onna and they must either:

1. Comply with the Privacy Shield principles or another mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of Personal Data;
2. Or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy.

Onna is responsible for the collection and processing of data it may receive under the Privacy Shield Framework, including subsequent transfers to Third Parties Onna engages that act on our behalf. Onna complies with the Privacy Shield Principles of all transfers of data in the EU and Switzerland. Onna also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that Onna may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. 

Sensitive Information or Sensitive Data

Onna considers all Customer Data as confidential and treats it according to this Policy and applicable law, regardless of the sensitivity of the data.

Data Integrity and Security

Onna uses reasonable efforts to maintain the accuracy and integrity of Personal Data. Onna has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. Onna employs access restrictions, limiting the scope of Workforce Members who have access to Personal Data. Further, Onna uses secure encryption technology to protect certain categories of Personal Data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.

Accessing Personal Data

Onna Workforce Members may access and use Individual End User Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.

Right to Access, Limit Use and Disclosure of Personal data

Onna collects information via Onna’s Services as instructed by Customers and may not have a direct relationship to the individual’s whose Personal Data those customers collect and process. Individuals (including those whose Personal Data is within the scope of this Privacy Shield Framework) have certain legal rights to access Personal Data Onna holds and to obtain its correction, amendment, or deletion. If individuals seek to access, correct, limit, amend, or delete inaccurate data please contact us at privacy@onna.com and we will work with you and the Third Party responsible for processing the individual’s Personal Data and to respond to that request within a reasonable timeframe.

Onna will offer EU and Swiss individuals whose personal information has been transferred to us the opportunity to choose whether the personal information it has received is to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. An individual may opt-out of such uses of their personal information by contacting us at privacy@onna.com. 

With Individual End User Personal Data that Onna collects through its website or Service or in conjunction with the Individual End Users activities in the performance of the Service: 

1. Right to Access. Individual End Users have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which Onna collected it. Individual End Users may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and Onna policies. Upon reasonable request and as required by the Privacy Shield principles, Onna allows Individual End Users access to their Personal Data, in order to correct or amend such data where inaccurate. Individual End Users may edit their Personal Data by logging into their account profile or by contacting Onna at support@onna.com. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Individual End Users should submit a written request to privacy@onna.com. 
2. Requests for Personal Data. Onna will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If Onna receives a request for access to his/her Personal Data from an Individual End User, then, unless otherwise required under law, Onna will refer such Data Subject to the Customer.
3. Satisfying Requests for Access, Modifications, and Corrections. Onna will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.

Notification

Onna notifies Customers and Individual End Users about its adherence to the EU-US Privacy Shield and Swiss-US Privacy Shield principles through its publicly posted website Privacy Policy, available at: https://onna.com/privacy-policy/.

Changes to this Policy

This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make Workforce Members available of changes to this policy either by posting to our intranet, through email, or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.

Questions or Compliants

EU and Swiss individuals may contact Onna with questions or complaints concerning this Policy at the following address: privacy@onna.com. 

Required Disclosures, Enforcement, and Dispute Resolution 

In compliance with the EU-US and Swiss-US Privacy Shield Principles, Onna commits to resolve complaints about your privacy and our collection or use of your personal information. EU and Swiss individuals with questions or concerns about the use of their Personal Data should contact us at: privacy@onna.com. 

Onna is subject to oversight by the U.S. Federal Trade Commission. JAMS is the US-based independent organization responsible for reviewing and resolving complaints about our Privacy Shield compliance—free of charge to you. We ask that you first submit any such complaints directly to us via privacy@onna.com. If you aren’t satisfied with our response, please contact JAMS at https://www.jamsadr.com/eu-us-privacy-shield. In the event your concern still isn’t addressed by JAMS, you may be entitled to a binding arbitration under Privacy Shield and its principles. Please visit https://www.privacyshield.gov/article?id=ANNEX-I-introduction for further information. 

Defined Terms

Capitalized terms in this Privacy Policy have the following meanings:

• “Individual End User” means an individual of a customer or client of Onna from EU or Switzerland who uses the product or Service. The term also shall include any individual agent, representative, of an individual customer of Onna and all Workforce Members of Onna where Onna has obtained his or her Personal Data from such Individual End User as part of its business relationship with Onna.
• “Customer” or “Client” means a natural person or a legal entity who buys goods or services from Onna, signs up on the Onna Service, and uses the services of Onna.
• “Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.
• “Workforce Member” means an employee (whether temporary, permanent, part-time, or contract), former employee, or independent contractor of Onna or any of its affiliates or subsidiaries.
• “Europe” or “European” refers to a country in the European Union.
• “Services” means the SaaS services, professional services, or other related service Onna provides to Customers.
• “Personal Data” as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term “person” includes both a natural person and a legal entity, regardless of the form of the legal entity.
• “Sensitive Information” or “Sensitive Data” means Personal Data that discloses a Data Subject’s medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
• “Third Party” means any individual or entity that is neither Onna nor an Onna Workforce Member employee, agent, contractor, or representative.