Last Updated on: 25-06-2024
This DIMCON 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 DIMCON Corporation and its affiliates (“DIMCON”) employ when handling Services Personal Information (as defined below) for the provision of Technical Support, Consulting, Cloud or other services, including those provided via mobile application, (the “Services”) provided to DIMCON customers (“You” or “Your”) during the term of Your order for Services. Additional terms may be specified in the relevant privacy and security practices for the Services You have ordered.
Services Personal Information is personal information that is provided by You, resides on DIMCON, customer or third-party systems and environments, and is processed by DIMCON 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, geolocation data, 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 DIMCON systems, tools and networks used to monitor, safeguard and deliver Services to our customer base.
Systems Operations Data may include access, event, diagnostic and other log 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 DIMCON handles legally required disclosure requests, and informs You and Users how to communicate with DIMCON’s Global 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 DIMCON websites, or Your or User interactions with us during the contracting process. DIMCON’s handling of this information is subject to the terms of the https://www.dimcon.com/legal/general-privacy-policy.
I. SERVICES PERSONAL INFORMATION DATA PROCESSING TERMS DIMCON 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, including an DIMCON Data Processing Agreement, the relevant privacy terms of Your order for Services shall take precedence.
Purpose of Processing Services Personal Information DIMCON may process Services Personal Information for the processing activities necessary to perform the Services, including for creating an DIMCON services account to access DIMCON products and services, for testing and applying new product or system versions, patches, updates and upgrades, and resolving bugs and other issues You have reported to DIMCON.
Customer instructions You are the controller of the Services Personal Information processed by DIMCON to perform the Services. DIMCON will process your Services Personal Information as specified in Your Services order and Your documented additional written instructions to the extent necessary for DIMCON 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. DIMCON will promptly inform You if, in our reasonable opinion, Your instruction infringes applicable data protection law. You acknowledge and agree that DIMCON is not responsible for performing legal research and/or for providing legal advice to You. Additional fees may apply.
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, DIMCON 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 DIMCON systems. If DIMCON directly receives any requests or inquiries from Your end users that have identified You as the controller, we will promptly pass on such requests to You without responding to the end user. If you are an end user and you have questions about your choices regarding the disclosure and use of Services Personal Information provided to DIMCON, please consult directly with the organization that collected your information from you.
Security and confidentiality DIMCON 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 27001:2013 standard, govern all areas of security applicable to the Services, including physical access, system access, data access, transmission, input, security oversight, and enforcement. DIMCON 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
For additional details regarding the specific security measures that apply to the Services are set out in the security practices for these Services, including regarding data retention and deletion, refer to the Data Processing Agreement for the specific product and DIMCON.
Incident Management and data breach notification.
DIMCON promptly evaluates and responds to incidents that create suspicion of or indicate unauthorized access to or handling of Services Personal Information. If DIMCON 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 DIMCON systems that compromises the security, confidentiality or integrity of such Services Personal Information, DIMCON will report such breach to You without undue delay.
As information regarding the breach is collected or otherwise reasonably becomes available to DIMCON and to the extent permitted by law, DIMCON will provide You with additional relevant information concerning the breach reasonably known or available to DIMCON.
Sub processors To the extent DIMCON engages DIMCON affiliates and third-party sub-processors to have access to Services Personal Information for the purpose of assisting in the provision of Services, such sub-processors shall be subject to the same level of data protection and security as DIMCON under the terms of Your order for Services. DIMCON is responsible for its sub-processors’ compliance with the terms of Your order for Services.
DIMCON maintains lists of DIMCON affiliates and sub-processors that may process Services Personal Information.
Cross-border data transfers
DIMCON is a global corporation with operations in over 4 countries and Services Personal Information may be processed globally as necessary in accordance with this policy and other relevant privacy terms specified applicable to Your Services. If Services Personal Information is transferred to an DIMCON recipient in a country that does not provide an adequate level of protection for personal information,
DIMCON will take adequate measures designed to protect the Services Personal Information; In the event the Services agreement between You and DIMCON references the (“DPA”), further details on the relevant data transfer mechanism that applies to Your order for DIMCON services are available in the DPA.
Audit rights To the extent provided in your order for Services, You may at Your sole expense audit DIMCON’s compliance with the terms of this Services Privacy Policy by sending DIMCON a written request, including a detailed audit plan, at least two weeks in advance of the proposed audit date. You and DIMCON 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 DIMCON’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 DIMCON. Upon completion of the audit, You will provide DIMCON with a copy of the audit report, which is classified as confidential information under the terms of Your agreement with DIMCON.
DIMCON 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 DIMCON 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.
Deletion or return of Services Personal Information
Except as otherwise specified in an order for services or required by law, upon termination of services, DIMCON will return or delete any remaining copies of Your production customer data, including any Services Personal Information, located on DIMCON systems or Services environments. Additional information on data deletion functionality is provided in the applicable Services descriptions.
II. SYSTEMS OPERATIONS DATA PROCESSING TERMS
Responsibility and purposes for processing personal information DIMCON Corporation 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 business purposes:
a) to help keep our Services secure, including for security monitoring and identity management;
b) to investigate and prevent potential fraud or illegal activities involving our systems and networks, including to prevent cyber-attacks and to detect bots;
c) to administer our back-up disaster recovery plans and policies;
d) to confirm compliance with licensing and other terms of use (license compliance monitoring);
e) for research and development purposes, including to analyze, develop, improve and optimize our Services;
f) 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.
Where relevant, our legal basis for processing Your personal information is as follows:
- DIMCON will process Systems Operations Data as may be necessary to help keep our Services secure; to investigate and prevent potential fraud or illegal activities involving our systems and networks; to administer our back-up disaster recovery plans and policies; and to confirm compliance with licensing and other terms of use.
- DIMCON will process Systems Operations Data as may be necessary for internal research for technological development and demonstration and to improve, upgrade, or enhance DIMCON products and services based on our legitimate interests when such processing has a limited privacy impact on the individual.
- DIMCON may also process Systems Operations Data as necessary for compliance with our legal obligations and for required business operations as noted above.
Sharing personal information
Personal information contained in Systems Operations Data may be shared throughout DIMCON’s global organization for DIMCON’s business purposes. A list of DIMCON entities is available as indicated above.
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 DIMCON;
- 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. DIMCON does not share or sell Systems Operations Data subject to this Privacy Policy with third parties for any commercial purposes.
Security
DIMCON has implemented appropriate technical, physical and organizational measures in accordance with the DIMCON Corporate Security Practices 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.
Individual rights
To the extent personal information about You is contained in Systems Operations Data, You may request to access, correct, update or delete personal information contained in Systems Operations Data in certain cases, or otherwise exercise Your choices with regard to Your personal information by working with the respective Customer Executive. We will respond to your request consistent with applicable law.
Residents of the United States of America pertaining to the law may request that we:
Disclose to you the following information:
- the categories and specific pieces of personal information we collected about you and the categories of personal information we sold;
- the categories of sources from which we collected such personal information;
- the business or commercial purpose for collecting or selling personal information about you and
- the categories of third parties to whom we sold or otherwise disclosed personal information
Delete personal information we collected from you or correct inaccurate personal information about you or Opt-out of any future sale of personal information about you.
We will respond to your request consistent with applicable law. If you are an authorized agent making an access or deletion request on behalf of an USA resident, please reach out to us via an email to privacypolicayinquires@dimcon.com and indicate that you are an authorized agent. We will provide you with instructions on how to submit a request as an authorized agent on behalf of the USA resident.
In some cases, in order to comply with applicable law or a legal obligation, DIMCON may deny your request or may seek more information from you in order to respond to your request.
III. COMMUNICATIONS AND NOTIFICATIONS TO CUSTOMERS AND USERS
1. Legal requirements. DIMCON 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.
DIMCON will promptly inform You of requests to provide access to Services Personal.
DATA PROTECTION OFFICER
DIMCON has appointed a
Data Protection Officer. If you believe your personal information has been used in a way that is not consistent with the Privacy Policy or your choices, or if you have further questions, comments or suggestions related to this Privacy Policy, please contact the Data Protection Officer by writing to privacypolicayinquires@dimcon.com.
Written inquiries to the DIMCON’s Data Protection Officer may be addressed to: Dimension Consulting Inc
Data Protection Officer
2025 Lincoln Highway, Edison, NJ 08817
FILING A COMPLAINT
If You or a User have any complaints regarding our compliance with our privacy and security practices, please contact us via email or writing to us. We will investigate and attempt to resolve any complaints and disputes regarding our privacy practices.
DIMCON CORPORATE HEADQUARTERS
Dimension Consulting Inc’s corporate headquarters is located at: 2025 Lincoln Highway Edison, NJ 08817
USA Tel: +1.703.636.0933
Changes to this Services Privacy Policy
This Privacy Policy was last updated on June 25, 2024. However, the Services Privacy Policy can change over time, for example to comply with legal requirements or to meet changing business needs. The most up-to-date version can be found on this
website. 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.
