EU/Swiss-U.S. Privacy Shield: Consumer Privacy Policy

Last Updated:  November 19, 2019

Joyent, Inc. (“Joyent”) respects your concerns about privacy. Joyent participates in the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (collectively, the “Privacy Shield”) issued by the U.S. Department of Commerce. Joyent commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU, UK and Switzerland in reliance on the Privacy Shield.  This Policy describes how Joyent implements the Privacy Shield Principles for Consumer Personal Data.

For purposes of this Policy: 

“Client” means any individual or entity that uses Joyent’s data hosting or other services.  

“Consumer” means any natural person who is located in the EU, UK or Switzerland, but excludes any individual acting in his or her capacity as an Employee.

“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data. 

“Employee” means any current, former or prospective employee, intern or temporary worker of Joyent or its EU, UK or Swiss affiliates or subsidiaries, or any related individual whose Personal Data Joyent processes in connection with an employment relationship, who is located in the EU, UK or Switzerland.

“EU” means the European Union and Iceland, Liechtenstein and Norway. 

“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by Joyent in the U.S. from the EU, UK or Switzerland, and (iii) recorded in any form. 

“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield. 

“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller. 

“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (including trade union-related views or activities), sex life (including personal sexuality), information on social security measures, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposition of such proceedings, or the sentence of any court in such proceedings (including administrative proceedings and criminal sanctions). 

“UK” means the United Kingdom. 

“Vendor” means any contractor, supplier, vendor or other third party located in the EU, UK or Switzerland that provides services or products to Joyent. 

Joyent’s Privacy Shield certification, along with additional information about the Privacy Shield, can be found at https://www.privacyshield.gov.  For more information about Joyent’s processing of Consumer Personal Data, please visit Joyent’s Privacy Notice

Types of Personal Data Joyent Collects

Joyent serves as both a Controller and a Processor with respect to the Consumer Personal Data it obtains and maintains.

Controller Activities

As a Controller, Joyent obtains Personal Data about Consumers in various ways.  For example, Joyent collects Personal Data directly from Consumers when Consumers visit Joyent’s website.  The company may use this information for the purposes indicated in Joyent’s Privacy Notice.

The types of Personal Data Joyent collects directly from Consumers includes: 

  • Contact information, such as name, postal address, email address and telephone number; 
  • job title and company name; 
  • username and password; 
  • payment information, such as name, billing address and payment card details (including card number, expiration date and security code), which is collected and stored by a thirdparty payment processor on our behalf; 
  • Personal Data in content Consumers provide on Joyent.com, such as through the website’s Contact Us or Contact Sales feature; 
  • Personal Data in content Consumers store in Joyent’s data hosting or other services; and 
  • Other data collected automatically through Joyent.com (such as IP address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on Joyent.com, and dates and times of website visits).

In addition, Joyent obtains Personal Data, such as contact information, of its Clients’ representatives, who are located in the EU, UK or Switzerland.  Joyent uses this information to manage its relationships with its Clients and carry out Joyent’s obligations under its contracts with its Clients. 

Joyent also obtains Personal Data, such as contact information and financial account information, of its Vendors’ representatives, who are located in the EU, UK or Switzerland.  Joyent uses this information to manage its relationships with its Vendors, process payments, expenses and reimbursements, and carry out Joyent’s obligations under its contracts with the Vendors.

Joyent also may obtain and use Consumer Personal Data in other ways for which Joyent provides specific notice at the time of collection.

Processor Activities

As a Processor, Joyent receives Personal Data about its Clients and Clients’ Consumers located in the EU, UK and Switzerland, when Clients provide such Personal Data to Joyent.  For example, in connection with providing data hosting or other services, Joyent may process Personal Data about a Client or Client’s Consumers located in the EU, UK and Switzerland.

Joyent’s privacy practices regarding the processing of Consumer Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability. 

Notice

Joyent provides information in this Policy and Joyent’s Privacy Notice about its Consumer Personal Data practices, including the types of Personal Data Joyent collects, the types of third parties to which Joyent discloses the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Data, and how to contact Joyent about its practices concerning Personal Data.

When Joyent acts as a Processor for Consumer Personal Data on behalf of a Controller, the relevant Controller is responsible for providing appropriate notice to its Consumers and obtaining the requisite consent. 

Relevant information also may be found in notices pertaining to specific data processing activities.

Choice

When Joyent collects Personal Data about Consumers as a Controller, the company generally offers those Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer.  To the extent required by the Privacy Shield Principles, Joyent obtains optin consent for certain uses and disclosures of Sensitive Data.  Consumers may contact Joyent as indicated below regarding the company’s use or disclosure of their Personal Data.  Unless Joyent offers Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy.

When Joyent maintains Personal Data about Consumers as a Processor on behalf of a Controller, the relevant Controller is responsible for providing the relevant Consumers with certain choices with respect to the Controller’s use or disclosure of the Consumers’ Personal Data.

Joyent shares Consumer Personal Data with its affiliates and subsidiaries.  Joyent may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements.  Joyent also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation). 

Accountability for Onward Transfer of Personal Data

This Policy and Joyent’s Privacy Notice describe Joyent’s sharing of Consumer Personal Data.

To the extent Joyent acts as a Controller, except as permitted or required by applicable law, Joyent provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers.  Joyent requires third-party Controllers to whom it discloses such Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify Joyent and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.

With respect to transfers of Consumer Personal Data to third-party Processors, Joyent (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Joyent’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify Joyent if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. Joyent remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless Joyent proves that it is not responsible for the event giving rise to the damage.

Security

Joyent takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.

Data Integrity and Purpose Limitation

Joyent limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing.  Joyent does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer.  In addition, to the extent necessary for these purposes and consistent with its role as a Controller or Processor, Joyent takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current.  In this regard, Joyent relies on its Consumers and relevant Controllers for whom Joyent processes Consumer Personal Data as a Processor to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized.  Consumers (and relevant Controllers, as appropriate) may contact Joyent as indicated below to request that Joyent update or correct relevant Personal Data.

Subject to applicable law, Joyent retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer. 

Access

Consumers generally have the right to access their Personal Data.  Accordingly, to the extent  Joyent acts as a Controller, where appropriate, Joyent provides Consumers with reasonable access to the Personal Data Joyent maintains about them.  Joyent also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate.  Joyent may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated.  Consumers may request access to their Personal Data by contacting Joyent as indicated below.

When Joyent maintains Personal Data about Consumers as a Processor on behalf of  a Controller, the Controller is responsible for providing Consumers with access to the Personal Data and the right to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate.  In such circumstances, Consumers should direct their questions to the appropriate Controller.  When a Consumer is unable to contact the appropriate Controller, or does not obtain a response from the Controller, Joyent will provide reasonable assistance in forwarding the Consumer’s request to the Controller. 

Recourse, Enforcement and Liability

Joyent has mechanisms in place designed to help assure compliance with the Privacy Shield Principles.  Joyent conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions Joyent makes about its Privacy Shield privacy practices are true and that Joyent’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.

Consumers may file a complaint concerning Joyent’s processing of their Personal Data.  Joyent will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles.  Consumers may contact Joyent as specified below about complaints regarding Joyent’s Consumer Personal Data practices.

If a Consumer’s complaint cannot be resolved through Joyent’s internal processes, Joyent will cooperate with JAMS pursuant to the JAMS Privacy Shield Program, which is described on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield.  JAMS mediation may be commenced as provided for in the JAMS rules.  Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over Joyent.  Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Joyent’s compliance with the Privacy Shield Principles.

When Joyent maintains Personal Data about Consumers as a Processor on behalf of a Controller, those Consumers may submit complaints concerning the processing of their Personal Data to the relevant Controller, in accordance with the Controller’s dispute resolution process.  Joyent will participate in this process at the request of the Controller or the Consumer.

How to Contact Joyent

To contact Joyent with questions or concerns about this Policy or Joyent’s Consumer Personal Data practices:

Write to:

Joyent, Inc.
655 Montgomery Street, Suite 1600
San Francisco, CA 94111

or

E-mail: privacy@joyent.com