Kemp Safe Harbor Policy

1. Scope of Policy

Kemp provides various technology, professional and consulting services to businesses, including maintenance and support services for products. Kemp may receive and process data from its customers in order to provide its maintenance and support services, and this data may contain personal data. Safe Harbor applies only to the processing of personal data that Kemp receives in the United States from its European Customers, in order to provide its maintenance and support services for its signaling delivery controller products. Kemp is a data processor for Support Data and will only process such data on behalf of and under the instructions of its customers.

2. Disclosures of Personal Data

We generally disclose personal data under the following circumstances:

• Kemp may disclose personal data to third parties who act as agents or service providers to perform tasks on behalf of and under the instructions of Kemp. These third parties must agree to use such data only for the purposes for which they have been engaged by Kemp and they must either comply with the Safe Harbor or agree to provide adequate protections for the personal data that are no less protective than Safe Harbor.
• Because Kemp is a global company, personal data may be shared with other Kemp affiliates around the world, who act as processors or sub-processors. The use of any personal data by our affiliates will be subject to Safe Harbor.
• Kemp may also disclose personal data where required by law; where necessary to protect the health and safety of others; where necessary for the establishment of legal claims or defenses, to obtain legal advice, or as evidence in litigation; to defend our rights and property; and in the event of a reorganization, sale or transfer of our assets.
• Kemp does not intentionally collect personal data from customers. If we receive any customer’s support data that contains sensitive information, we will treat it in accordance with Safe Harbor and will only process such data on behalf of and under the instructions of that customer.

3. Collection and Retention of Personal Data

Kemp processes support data only for legitimate business purposes, including:

• To provide our services to Customers, to provide technical support or customer service, to send customer satisfaction surveys, or to otherwise communicate with customers, and for accounting and billing purposes;
• To assess and improve the quality of our products and services;
• To satisfy governmental reporting and tax requirements;
• To plan and implement potential acquisitions and mergers; as required by law.

We may also identify and aggregate certain data we collect such that the data can no longer reasonably be linked to a particular customer. We may use this data to improve our product and services, and for other research or statistical purposes.

Kemp may send customer satisfaction surveys to Kemp customers. Kemp Customers may opt out of receiving these surveys by following the opt out instructions in the survey invitation. We may still email our customers service and transaction related communications, even if they have opted out of receiving customer satisfaction surveys.

4. Right to Remove Personal Data

To the extent a customer requests information about the personal data it has provided to Kemp to be removed, Kemp will take reasonable steps to accommodate such request where necessary to permit such request.

5. Data Integrity and Security

Kemp uses reasonable efforts to maintain the accuracy and integrity of personal data. However, no data security guarantees 100% security all of the time.

Customers may contact Kemp at privacy@kemptechnologies.com

6. Changes to this Policy

This policy may be amended from time to time, based on applicable data protection and privacy laws and principles. If we make changes to Safe Harbor that materially affect the way we handle the personal data we have already collected from you, we will attempt to notify you.

7.Complaints

For any complaints related to Safe Harbor that cannot be resolved through our internal process, we agree to participate in the dispute resolution procedures set forth by JAMS. More information about the JAMS International Safe Harbor Program is available at https://www.jamsadr.com/eu-us-privacy-shield.