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EasyVista is a recognized software provider specialized in helping organizations simplify IT Service Management by making it easy to deliver and easy to use for today’s enterprise. EasyVista respects individual privacy of its customers, employees, business partners, visitors and others (Persons Concerned). EasyVista is vigilant to comply with the laws of the countries in which it does business regarding Personal Information that is collected, used, stored, processed and disclosed.
This Privacy Policy ("Policy") applies to:
Regarding consent, EasyVista offers Persons Concerned, a choice to opt-out of uses and disclosures of their data that are incompatible with the purposes for which that data was originally collected or subsequently authorized.
When acting as data processor for a customer, EasyVista is not responsible for the obligations of the data controller to obtain from Persons Concerned the appropriate consent to transfer and process their data to EasyVista. A data processing agreement is available for EasyVista customers. As a data processor, EasyVista will not sell, rent, or trade with third parties for their marketing purposes any personal data collected.
In the event that sensitive personal information (pertaining to your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, information related to an individual's health or sexual preference, as well as biometric identifiers, such as finger and voiceprints, and information as to commission or alleged commission of a criminal offense or any related proceedings) to be used for a new purpose or transferred to the control of a third party not acting on behalf of EasyVista, the data subject's explicit consent will be obtained prior to the new use or transfer of the data, unless such new use or transfer is: (1) in the vital interests of the data subject or another person; (2) necessary for the establishment of EasyVista's legal claims of defenses; (3) required to provide medical care or diagnosis; (4) necessary to carry out EasyVista's obligations in the field of employment law; or (5) related to data that are manifestly made public by the data subject. In these cases, data subjects are given notice of such use.
EasyVista takes reasonable and appropriate physical, technical, and organizational measures to protect personal data in its possession from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Even with all these safeguards in place, no method of transmission over the Internet is totally secure and EasyVista does not guarantee the security of personal information transmitted via the Internet.
EasyVista will use personal data only in ways that are compatible with and relevant for the purposes for which it was collected or subsequently authorized. EasyVista takes reasonable and appropriate physical, technical, and organizational measures to ensure that personal data is relevant to its intended use, and that it is accurate, complete, reliable, and current. EasyVista will retain the personal data for no longer than is necessary for the purposes for which the personal data was collected or for which it is to be further processed.
EasyVista uses subprocessors to perform some of its services. EasyVista subprocessors enter into a written agreement with EasyVista that includes data privacy and security terms. When the provision of products and services involves the international transfer of EU/EEA personal data to countries, organizations, or territories not acknowledged by the EEA/EU under Article 45 of the GDPR as a safe country with an adequate level of protection, EasyVista will rely on applicable Standard Contractual Clauses as issued by the European Commission to organize such transfers. The list of subprocessors is available on our website or in the data processing agreement.
Data’s subject may contact EasyVista to access their personal data at privacy@easyvista.com. Upon request, EasyVista will grant reasonable access to personal data. EasyVista will also take reasonable measures to permit data’s subject to access, rectify, erase, restrict processing or delete information that is demonstrated to be inaccurate or incomplete, except where the burden or expense of providing access would be disproportionate to the risks to data’s subject privacy. Furthermore, EasyVista will, upon request of a data’s subject, provide personal data in a structured, commonly used and machine-readable format.
EasyVista Websites use "cookies". A cookie is a small file that an EasyVista Website may send to your browser. This file is then stored on your hard drive. Cookies cannot be used to run programs or deliver viruses to a computer. The cookie saves information regarding your session and account on the EasyVista Website, which the browser passes back to the EasyVista Website's server. Cookies enable EasyVista to build better websites by recording how and when you use the EasyVista Websites and to better serve you when you return to the EasyVista Websites. Cookies are also used to ensure you do not fill out forms on the EasyVista Websites multiple times. You can set your browser to refuse cookies, however, if you disable the cookies, you will not be able to use the EasyVista Websites in the best conditions.
The EasyVista Websites contain electronic images known as web beacons (sometimes called single-pixel gifs) which may be used in some of EasyVista's emails to let EasyVista know which emails and links have been opened by recipients. Some of EasyVista's business partners also employ web beacons that help it better manage content on the EasyVista Websites. However, EasyVista has no access to or control over such web beacons.
The use of cookies by EasyVista's business partners or service providers is not covered by this Policy. EasyVista does not have access or control over those cookies. EasyVista's business partners, and service providers use session ID cookies to make it easier for you to navigate the EasyVista Website. Third-party cookies can be disabled via your web browser’s settings.
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if the services are temporarily suspended for maintenance, EasyVista might send you an email. Generally, users may not opt-out of these communications. These communications are not promotional in nature.
EasyVista may amend this Policy from time-to-time, consistent with the requirements of the EU GDPR or EU-US Privacy Shield Principles. When EasyVista does update this Policy, it will also revise the "Last Updated" date at the bottom of this Policy. Any material changes to this Policy will also be posted at https://www.easyvista.com/privacy-policy
Further information regarding data collection
Controller: EasyVista SAS
10 allée Bienvenue
Immeuble Horizon
93160 NOISY-LE-GRAND
Controller representative: Patrice Barbedette, President and CEO
Compliance Officer: Cristina Zenati Costanzo, Global Chief People Officer
DPO: Muriel Gellf, Head of Legal
Contact: privacy@easyvista.com
Legal basis for the processing: Contract and consent
Recipients or categories of recipients: BtoB managers concerned with ITSM and ITOM software.
Transfer of personal data to a recipient in the United States or in Canada: EU Standard Contractual Clauses
Single entry point: privacy@easyvista.com
Data storage durations:
The person concerned has the right to lodge a complaint with a supervisory authority.
Legal notice related to the edition of the website www.easyvista.com
The website is edited by EasyVista SAS
Incorporation's capital: 3.549.830,80 euros
Registration code (R.C.S Bobigny): 347 848 947
VAT identification number: FR95347848947
Headquarters: Immeuble Horizon, 10 allée Bienvenue, 93160 NOISY LE GRAND Cedex - FRANCE
Email: contact@easyvista.com
Phone: +33 1 55 85 91 00
Publishing manager: Patrice Barbedette
Hosted by: HubSpot, Inc., 25 First Street, 2nd Floor, Cambridge, MA 02141 USA, +1 888 482 7768
Last Updated
October 2, 2024
THIS ADDENDUM is made between:
EasyVista Inc. (“EasyVista”), a company registered in Delaware state with its principal place of business at 2655 S. Le Jeune Road, Suite 1001, Coral Gables, FL 33134.
The EasyVista customer from the European Economic Area subscribing for EasyVista services pursuant to EasyVista’s Terms of Service (“Customer”), together the “parties”.
WHEREAS:
(A) EasyVista and the Customer have entered or desire to enter into Terms of Service for the provision, by EasyVista to the Customer, of systems management and remote administration services of users and their devices (the “Terms”); and
(B) EasyVista and the Customer have agreed to enter into this Addendum to the Terms in relation to data processing.
1.1. The parties agree that this Addendum will be incorporated as an addendum to the Terms. To the extent of any conflict between this Addendum and the remaining sections of the Terms, this Addendum will prevail.
1.2. In this Addendum, the following words and expressions will have the following meanings:
“Addendum” - shall mean this addendum, including its appendix;
“Terms” - shall have the meaning given in recital (A) above;
“Customer Personal Information” - shall mean all Personal Information controlled by the Customer which is processed by EasyVista in connection with the Service;
“Data Protection Legislation” - shall mean all applicable laws relating to data protection and privacy including (without limitation) the EU Information Protection Directive (95/46/EC) as implemented in each jurisdiction, the EU General Data Protection Regulation (2016/679) (“GDPR”), the EU Privacy and Electronic Communications Directive 2002/58/EC as implemented in each jurisdiction, and any amending or replacement legislation from time to time;
“Personal Information” - means any information relating to an identified or identifiable natural person; and
“Service” - shall mean any of the services provided by EasyVista to the Customer pursuant to the Terms.
1.3. In this Addendum, the terms "process", “data controller”, “data processor” and "data subject" shall have the meanings set out in the Data Protection Legislation.
2.1. The categories of Customer Personal Information to be processed by EasyVista and the processing activities to be performed under this Addendum are set out in Appendix A.
2.2. The parties record their intention that the Customer shall be the data controller and EasyVista shall be a data processor in relation to all Customer Personal Information.
3.1. The parties shall each comply with their respective obligations under the Data Protection Legislation in respect of Customer Personal Information.
3.2. The Customer shall ensure that its instructions and disclosures of Customer Personal Information to EasyVista are lawful and acknowledges that EasyVista is entitled to rely on the Customer’s instructions in respect of the processing of Customer Personal Information.
4.1. EasyVista agrees to:
4.1.1. only process Customer Personal Information for and on behalf of the Customer, in accordance with the instructions set out under the Terms or as otherwise given by the Customer from time to time. EasyVista shall notify the Customer if it is required by applicable law to process Customer Personal Information other than in accordance with those instructions, and shall inform the Customer of the relevant legal requirement before undertaking such processing (unless the relevant legal requirement prohibits the provision of such information on important grounds of public interest);
4.1.2. ensure that those of its personnel who are involved in processing Customer Personal Information are bound by appropriate obligations of confidentiality;
4.1.3. implement and maintain appropriate technical and organizational security measures to safeguard Customer Personal Information from unauthorized or unlawful processing or accidental loss, damage or destruction;
4.1.4. taking into account the nature of the processing and the information available to EasyVista, provide reasonable assistance to the Customer in ensuring compliance with its obligations under the Data Protection Legislation in relation to security, data breach notification, data protection impact assessments and prior consultation with a supervisory authority and the fulfilment of data subject’s rights, where applicable from time to time; and
4.1.5. upon written request, make available to the Customer such records as the Customer may reasonably require from time to time to demonstrate compliance by EasyVista with its obligations under this Addendum. In addition, EasyVista agrees to permit an audit to be conducted of its facilities no more than once per year, by the Customer or the Customer’s representatives (bound by appropriate obligations of confidentiality), provided such an audit is carried out: (i) upon ten (10) business days’ prior, written notice to EasyVista and during EasyVista’s normal business hours; (ii) in a manner that causes minimal disruption to EasyVista’s business and excludes from its scope any internal pricing information, information relating to other customers of EasyVista or other EasyVista’s own internal reports; and (iii) at the Customer’s own cost.
4.2. EasyVista shall notify the Customer without undue delay and in any event within 72 (seventy-two) hours of becoming aware of any accidental, unauthorized, or unlawful destruction, loss, alteration, or disclosure of, or access to, Customer Personal Information ("Security Breach"). EasyVista shall provide Customer with reasonable assistance in relation to the Security Breach, including the provision of such information as is known to EasyVista regarding the nature of the breach, the categories and approximate number of data subjects and records concerned.
4.3. Nothing in this Addendum shall prevent either party from complying with any legal obligation imposed by a regulator or court. Each party shall however, where possible, discuss with the other party the appropriate response to any request from a regulator or court for disclosure of information.
4.2. EasyVista shall notify the Customer without undue delay and in any event within 72 (seventy-two) hours of becoming aware of any accidental, unauthorized, or unlawful destruction, loss, alteration, or disclosure of, or access to, Customer Personal Information ("Security Breach"). EasyVista shall provide Customer with reasonable assistance in relation to the Security Breach, including the provision of such information as is known to EasyVista regarding the nature of the breach, the categories and approximate number of data subjects and records concerned.
4.3. Nothing in this Addendum shall prevent either party from complying with any legal obligation imposed by a regulator or court. Each party shall however, where possible, discuss with the other party the appropriate response to any request from a regulator or court for disclosure of information.
5.1. The Customer consents to EasyVista engaging subcontractors listed in the Addendum in Appendix B, to process the Customer Personal Information on its behalf ("Sub-processors"). EasyVista shall ensure that Sub-processors are subject to contractual obligations which are the same as or equivalent to those imposed on EasyVista under this Addendum. EasyVista shall inform the Customer of any intended changes concerning the addition or replacement of any Sub-processor within a reasonable time prior to implementation of such change. In the event of the Customer objecting to such change, EasyVista shall make reasonable efforts to address the Customer's concerns (including making reasonable efforts to find an alternative Sub-processor).
5.2. The Customer acknowledges and agrees that Customer Personal Information may be processed by Sub-processors outside the European Economic Area or the country where the Customer is located in order to carry out the Service and EasyVista's other obligations under the Terms. EasyVista shall implement a data transfer solution to ensure any such transfers are compliant with the Data Protection Legislation.
5.3. For the avoidance of doubt, where a Sub-processor fails to fulfil its obligations under any sub-contract, EasyVista shall remain fully liable to the Customer for the fulfilment of its obligations under this Addendum.
6.1. This Addendum shall commence on May 25th, 2018 and shall continue in full force and effect until the later of:
6.1.1. the termination or expiration of the Terms; or
6.1.2. the termination of the last of the Services to be performed pursuant to the Terms.
6.2 Within six (6) months of the termination of this Addendum and upon written request of Customer, EasyVista shall delete the Customer Personal Information and delete any existing copies in its possession unless; (i) required to retain such Customer Personal Information under applicable law; or, (ii) the Customer requests that EasyVista return the Customer Personal Information to it.
7.1. This Addendum and any dispute arising out of or in relation to it (whether contractual or non-contractual) shall be governed by, and construed in accordance with the law of the State of Delaware without giving effect to principles governing conflicts of law.