Hyland Software, Inc.
Privacy Shield Privacy Policy

Hyland Software, Inc., (“Hyland” or “Company”) complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries.  Hyland has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.  If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

Scope

This Privacy Shield Privacy Policy (the “Policy”) sets forth the privacy principles that Hyland follows when processing Personal Data received from customers or prospective customers located in the European Economic Area (“EEA”), which includes the European Union Member States (“EU”) as well as Iceland, Lichtenstein, and Norway, while providing services ("Customer Data"). This Policy does not apply to information collected through onbase.com,  lawlogix.com,  or other Hyland websites or to information collected during Hyland sponsored sales and marketing activities.  This Policy also does not apply to Personal Data collected through Hyland’s recruiting process.  For purposes of this Policy, Personal Data means information about an identified or identifiable individual that is received by Hyland in the U.S. from the EEA and recorded in any form.   

Hyland’s Role as a Service Provider to its Customers and Prospective Customers

Hyland is the creator of certain software products, and in connection with these software products, Hyland provides product development services, hosting services, solution engineering services, professional technical services, data migration services, and product technical support services (collectively “Services”) to its hosted and non-hosted customers and prospective customers in the EEA through employees who may be located in the U.S. These U.S.-based employees may process Personal Data to provide Services to customers and prospective customers located in the EEA. 

Customers using Hyland’s hosted solutions are responsible for managing the data that they store at Hyland's data centers. Except as stated in the paragraph immediately below, customers determine the categories of Personal Data and other information that are stored by Hyland, how that information will be used, to whom it will be disclosed, and for what purposes.  Similarly, Hyland's hosted and non-hosted customers and prospective customers who share data with Hyland in connection with any of its Services determine which categories of Personal Data will be shared and for what purposes.  Consequently, except as stated in the paragraph immediately below, Hyland does not know the categories of Personal Data to be processed or the purpose(s) of the processing unless and until Hyland receives instructions from its customers or prospective customers.  

Specifically, in regard to Hyland’s Guardian and Edge software products, Hyland may store the following categories of Personal Data to create completed I-9 forms on behalf of customers or to assist customers in the creation, management, and submission of immigration cases: full name, mailing address, email address, phone number, social security number and/or other identification number, date of birth, citizenship or immigration status, employment authorization information, work history, job-related information, immigration status, and other personally identifiable information as may be required to fulfil a customer’s Form I-9 employment eligibility verification responsibilities or as required by various government agencies responsible for administering immigration benefits. 

When Hyland processes Personal Data, Hyland does so only for the purpose of providing Services pursuant to the customer's or prospective customer's instructions.

The Customer’s and Prospective Customer’s Responsibilities with respect to Personal Data

Hyland customers and prospective customers may choose to include Personal Data among the data stored at Hyland data centers in the EEA or shared with Hyland in connection with its provision of Services. 

Hyland processes only the Personal Data that its customers or prospective customers have chosen to share with Hyland.  Hyland has no direct or contractual relationship with the subject of such Personal Data (a "Data Subject").  As a result, when a customer or prospective customer shares Personal Data, the customer or prospective customer is solely responsible for satisfying all legal obligations owed directly to the Data Subject under applicable data protection laws.

It is the customer's or prospective customer's responsibility to ensure that Personal Data it collects can be legally collected in the country of origin.  The customer or prospective customer is also responsible for providing to the Data Subject any notices required by applicable law and for responding appropriately to the Data Subject's request to exercise his or her rights with respect to Personal Data.  In addition, the customer or prospective customer is responsible for ensuring that its use of Hyland’s hosted solutions or Hyland's Services is consistent with any privacy policy the customer or prospective customer has established and any notices it has provided to Data Subjects.

Hyland is not responsible for its customers’ or prospective customers’ privacy policies or practices or for the customers’ or prospective customers’ compliance with such policies or practices. Hyland does not review, comment upon, or monitor its customers’ or prospective customers’ privacy policies or their compliance with such policies.  Hyland also does not review instructions or authorizations provided to Hyland to determine whether the instructions or authorizations are in compliance with, or conflict with, the terms of a customer's or prospective customer's published privacy policy or of any notice provided to Data Subjects.  Customers and prospective customers are responsible for providing instructions and authorizations that comply with their policies, notices, and applicable laws.

Hyland’ s Compliance with the Privacy Shield Principles

Hyland employees located in the U.S. may provide Services for customers and prospective customers located in the EEA. To provide such Services, Hyland may access and use Personal Data. Hyland will apply the following Privacy Shield Principles to Personal Data physically or remotely transferred from the EEA to the U.S. 

ACCESS

Data Subjects have the right to access the Personal Data an organization holds about them. If such Personal Data is inaccurate or processed in violation of the Privacy Shield Principles, a Data Subject may also request that Personal Data be corrected, amended, or deleted.  

When Hyland receives Personal Data, it does so on its customer's or prospective customer's behalf.  To request access to, or correction, amendment or deletion of, Personal Data, Data Subjects should contact the Hyland customer or prospective customer that collected their Personal Data.  Hyland will cooperate with its customers' and prospective customers' reasonable requests to assist Data Subjects to exercise their rights under the Privacy Shield.  

CHOICE

Data subjects have the right to opt out of (a) disclosures of their Personal Data to third parties not identified at the time of collection or subsequently authorized, and (b) uses of Personal Data for purposes materially different from those disclosed at the time of collection or subsequently authorized.  Hyland’s customers and prospective customers are responsible for informing Data Subjects when they have the right to opt out of such uses or disclosures.  

Data Subjects who wish to limit the use or disclosure of their Personal Data should submit that request to Hyland’s customer or prospective customer that controls the use and disclosure of their Personal Data.  Hyland will cooperate with its customers’ and prospective customers’ instructions regarding Data Subjects’ choices.

SECURITY

Hyland is committed to safeguarding the Personal Data that it receives from the EEA.  While Hyland cannot guarantee the security of Personal Data, Hyland takes reasonable and appropriate measures to protect Personal Data in Hyland’s possession from loss, misuse, unauthorized access, disclosure, alteration and destruction.

Hyland utilizes a combination of online and offline security technologies, procedures and organizational measures to help safeguard Personal Data.  For example, facility security is designed to prevent unauthorized access to Hyland computers.  Electronic security measures — including, for example, network access controls, passwords and access logging — provide protection from hacking and other unauthorized access.  Hyland also protects Personal Data through the use of firewalls, role-based restrictions and, where appropriate, encryption technology.  Hyland limits access to Personal Data to employees, subcontractors, and third-party agents that have a specific business reason for accessing such Personal Data.  Individuals granted access to Personal Data are aware of their responsibilities to protect such information and are provided appropriate training and instruction.  

PURPOSE LIMITATION AND DATA INTEGRITY 

Hyland's customers and prospective customers are responsible for limiting their collection of Personal Data to that which is necessary to accomplish the purposes disclosed to Data Subjects and compatible purposes. They also are responsible for providing Hyland with instructions for the processing of Personal Data consistent with such purposes.  Hyland will process Personal Data only in accordance with the customer's or prospective customer's instructions. 

Hyland's customers and prospective customers also are responsible for ensuring that (a) Personal Data they collect is accurate, complete, current and reliable for its intended uses; and (b) Personal Data is retained only for as long as is necessary to accomplish the customer's or prospective customer's legitimate business purposes disclosed to the Data Subject and for compatible purposes. Hyland will cooperate with customers' and prospective customers' reasonable requests for assistance in meeting these obligations.

In the performance of Services, Hyland will request only the minimum amount of information required to perform the applicable Services and will retain such information only for as long as necessary to provide the Services or for compatible purposes, such as to provide additional Services, to comply with legal requirements, or to preserve or defend Hyland’s legal rights. 

ONWARD TRANSFER

Hyland will not disclose Personal Data to a third party, except as stated below:

Hyland may disclose Personal Data to subcontractors and third-party agents who assist Hyland in providing Services to its customers and prospective customers. Before disclosing Personal Data to a subcontractor or third-party agent, Hyland will obtain assurances from the recipient that it will: (a) use the Personal Data only to assist Hyland in providing the Services; (b) provide at least the same level of protection for Personal Data as required by the Principles; and (c) notify Hyland if the recipient is no longer able to provide the required protections.  Upon notice, Hyland will act promptly to stop and remediate unauthorized processing of Personal Date by a recipient.  Hyland will remain liable for onward transfers to its subcontractors and third-party agents. 

Hyland may also be required to disclose, and may disclose, Personal Data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. To the extent permitted, Hyland will inform its relevant customer or prospective customer before making such disclosure and provide it with a reasonable opportunity to object to such disclosure.

RECOURSE, ENFORCEMENT & LIABILITY 

Hyland commits to resolve complaints concerning its processing of Personal Data in accordance with the Privacy Shield Principles. 

Any Data Subject who has a complaint about Hyland’s processing of his/her Personal Data should first contact Hyland’s Legal Department by emailing privacy@hyland.com or by calling 440-788-5000.

Hyland has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus (“BBB”). If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Hyland, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint at no cost to you. 

In addition to the above dispute resolution mechanisms, Data Subjects may invoke binding arbitration if their complaint is not resolved by the BBB or by the Department of Commerce after referral from the relevant data protection authority in the EEA. For more information about binding arbitration, visit https://www.privacyshield.gov
Hyland is subject to the investigatory and enforcement powers of the Federal Trade Commission. 

For More Information

Data Subjects with questions about how Hyland processes Personal Data should first contact the Hyland customer or prospective customer that collected the Personal Data.  Hyland's Legal Department can be contacted by emailing privacy@hyland.com or by calling 440-788-5000.

US-Swiss Safe Harbor Framework

Hyland does not currently transfer Personal Data from Switzerland to the U.S. pursuant to the US-Swiss Safe Harbor Framework.   As it pertains to Personal Data transferred from Switzerland to the U.S. prior to October 6, 2015, Hyland, excluding its Lawlogix division, complies with the US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from Switzerland. Hyland has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the US-Swiss Safe Harbor and to view our certification page, please visit http://www.export.gov/safeharbor/.

Changes to this Privacy Policy

Hyland may revise this Policy at any time.  If Hyland decides to materially change this Policy, Hyland will post the revised Policy at this location.  

Effective Date:   September 20, 2016