B. Collection of Personal Information
Jamf Sites collect different personal information based on their use.
1. Personal Information
There are areas on the Sites where you can share information that is unique to an individual; such as your name, company name, postal address, e-mail address, phone number, zip code, and credit card information (“Personal Information”). You can also purchase products and certification course packages with your credit card. Accordingly, we may request your credit card information for shipping, billing, and credit card validation purposes. We ask for this information in order to deliver requested materials to you, respond to your questions, or deliver a product. If you communicate with us by e-mail or complete online forms, we may require Personal Information that personally identifies you. Jamf may also request your e-mail address or mailing address for the purposes of having someone contact you for additional information, or in response to your request for information from us. All of the foregoing is treated as Personal Information, as described in this policy.
2. Information from Children
Jamf does not knowingly solicit or collect information (including data or Personal Information) from anyone under 13 years of age. The use of the Sites by anyone under 13 years of age is prohibited. We ask that anyone under 13 years of age not submit information to us. However, when we e-mail marketing information to you, we will provide prominently displayed instructions that show you how to unsubscribe from receiving such information. If your child subscribes to receive information from Jamf without your knowledge, simply follow the instructions on our e-mail and unsubscribe immediately. Parents can also contact our customer service department to access, change, or delete the Personal Information that has been submitted by a child.
4. Types of Personal Information Collected
a. Customer/Visitor Information
Jamf publishes a number of digital properties supporting its products and services. Depending on which Sites you visit, personal information collected may be different. Below are the types of personal data that may be collected:
Personal Information collected via jamf.com may include name, email address, phone number, organization, country.
2. jamf.com/jamf-nation (Jamf Nation)
Personal Information collected via Jamf Nation may include name, username, company, LinkedIn URL, Twitter URL, GitHub URL, email address, credit card information, billing and/or shipping addresses, and your photo.
Personal Information collected via arbmdm.com includes name, email address, company name, state and country
4. Customer Specific Instances of Jamf Products
i. Jamf Pro
Personal Information placed by you in your specific instance of Jamf Pro on jamfcloud.com or by the service itself may include, but is not limited to, name, username, company/organization, company/organization address, email address, phone number, TCP/IP address, MAC address, latitude, longitude, AppleCare ID, Apple ID, device name(s), device ID(s), and directory ID or other information you place within your instance. It is your responsibility to follow legal and regulatory rules relating to such data and its placement in your instance.
ii. Jamf Now
Personal Information placed by you in your specific instance of Jamf Now on jamfcloud.com or by the service itself may include, but is not limited to, name, username, company/organization, company/organization address, email address, phone number, TCP/IP address, MAC address, latitude, longitude, CRM ID, and Payment Processor ID or other information you place within your instance. It is your responsibility to follow legal and regulatory rules relating to such data and its placement in your instance.
b. Employee Information
In addition to customer/visitor information, JAMF Software, LLC or its affiliates may collect Employee Information from prospective and present employees only for legitimate business purposes, including the administration of health insurance and other benefits. Our European Union and Swiss employees at the time of their employment are notified in detail how their Personal Information will be used. Employee information on health, performance evaluations, and disciplinary actions and other sensitive employee matters, whether it is stored manually or electronically, is accessible by other Jamf employees only if necessary with respect to legitimate human resource functions or issues; however, an employee’s picture and any information the employee chooses to provide may be placed on the Jamf intranet. Likewise, from time to time, an employee’s picture along with Personal Information may be published in the Jamf directories, internal websites and used in presentations. JAMF Holdings, Inc. entities collecting employee information include JAMF Software, LLC, JAMF International, Inc., JAMF Software Atlantic, B.V., JAMF Software Poland, sp.z.o.o., JAMF Software Germany, GmbH, JAMF Software France, SARL, JAMF Software UK, Limited, JAMF Software Pacific, Limited, JAMF Software Australia Pty Limited, JAMF Japan KK and Jamf Sweden AB.
For legitimate human resources purposes, employees may choose to voluntarily disclose Personal Information about family members. If our employees choose to do this, their family member’s Personal Information shall be treated, for the purposes of this Policy, the same as an employee’s Personal Information. Unless otherwise noted or excluded by context, “Employee information” is included within the definition of “Personal Information” for the purposes of this Policy. Employee information is never sold, leased, or rented to any third party. Employee information will never be disclosed to third parties except as follows:
- to those retained by JAMF Software, LLC or its affiliates for processing only for the purposes set forth above;
- where required pursuant to an applicable law, governmental or judicial order, law or regulation, or to protect the rights or property of JAMF Software, LLC or its affiliates;
- where authorized electronically or in writing by the employee; and
- where the employee voluntarily provides Personal Information and the context makes it clear that Employee Information will be provided to a third party/subprocessor (ex. payroll, benefits, travel, reimbursement, and other systems used in the employment context).
Where personal data is transferred from the EU or Switzerland to the US in the context of the employment relationship, we will cooperate in investigations by and to comply with the advice of the EU and Swiss Data Protection Authorities.
The Sites use analytical data provided by Google Analytics. You can find out more about the types of analytical data and how that data is processed by visiting https://www.google.com/policies/privacy/partners/
6. Do Not Track Signals
Jamf Sites do not respond to Do Not Track signals.
C. Use of Collected Personal Information
Jamf will use the data and Personal Information directly submitted by you for the purpose for which it was provided. Jamf may also use Personal Information you provide to us to contact you for reasons related to your original communication to us and for our own business records. Jamf may use your Personal Information to customize your experience on the Sites and display content that we think you might be interested in according to your preferences. With the exception of your specific instance of Jamf Cloud and the Personal Information you store within your instance, Jamf may also provide the Personal Information submitted by you to third-party businesses who Jamf believes may provide products or services of value to you or to intermediaries who may identify such businesses.
With the exception of your specific instance of Jamf Cloud and the Personal Information you store within your instance, Jamf may use the personal information collected in connection with the development, design, marketing or quality improvement of the Sites. As regards Jamf Cloud, Jamf collects, stores, aggregates, analyzes, and discloses anonymous and deidentified usage data, which includes data regarding your use and configuration of Jamf’s software. Such data will not identify your users or administrators and you hereby assign to Jamf any and all rights in and to such data, including all copyrights, patent rights and all other intellectual property rights thereto.
D. Sharing of Personal Information & Accountability for Onward Transfer
From time to time, Jamf may engage other companies and individuals to perform functions such as sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service. Such companies shall only use your Personal Information for those purposes required to perform their functions and you consent to Jamf sharing your Personal Information with such companies so they can perform their functions.
Additionally, Jamf may share your Personal Information, without your prior consent, for the limited purposes noted below:
To provide and market our services, Jamf uses subprocessors for the following purposes:
a. Data Storage
b. Marketing & Analytics (With the exception of your specific instance of Jamf Cloud and the Personal Information you store within your instance)
d. Credit Card Transactions
You have the choice to limit the use and disclosure of your personal data. If you choose to limit the data to be used, simply do not disclose that information to Jamf or use the Sites. In certain cases, limiting the use and disclosure of your personal data may impact functionality or prevent the use of Jamf’s products or services. When Jamf does share your Personal Information Jamf will:
i. transfer such data only for limited and specified purposes;
ii. ascertain that the subprocessor is obligated to provide at least the same level of privacy protection as is required by these Principles;
iii. take reasonable and appropriate steps to ensure that the subprocessor effectively processes the Personal Information transferred in a manner consistent with the organization’s obligations under these Principles;
iv. require the subprocessor to notify Jamf if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by these Principles;
v. upon notice, including under (iv), take reasonable and appropriate steps to stop and remediate unauthorized processing; and
vi. provide a summary or a representative copy of the relevant privacy provisions of its contract with that subprocessor to the Department of Commerce upon request
Jamf shall remain liable under the Principle of Accountability for Onward Transfer if its subprocessors process your Personal Information in a manner inconsistent with the Privacy Shield Principles, unless the Jamf proves that it is not responsible for the event giving rise to the damage.
2. Legal Obligations
Jamf may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
E. Protection of Personal Information
Taking into account the risks involved in the processing and nature of Personal Information and to prevent loss, misuse, unauthorized access, disclosure, alteration and destruction and while maintaining data accuracy, Jamf has put in place appropriate physical, electronic, and managerial policies and procedures to safeguard the Personal Information Jamf collects. Any payment transactions will be encrypted using SSL technology. However, the safety and security of your information also depends on you. Where you have chosen or we have given you a user name and password for access to certain parts of the Sites, you are responsible for keeping the user name and password confidential. DO NOT SHARE YOUR USER NAME AND PASSWORD WITH ANYONE.
Jamf will retain your Personal Information for only as long as it serves the purposes for which it was collected and will be retained in a form identifying or making identifiable only for as long as it serves a purpose of processing.
Although we do our best to protect the Personal Information, for non-EU and non-Swiss citizens, we cannot and do not guarantee the security of your Personal Information. JAMF MAKES NO REPRESENTATIONS ABOUT THE SECURITY OF YOUR PERSONAL INFORMATION. YOU AGREE TO ASSUME ALL RISK IN AND SOLE RESPONSIBILITY FOR USING THE SITES INCLUDING, WITHOUT LIMITATION, ALL RISK OF INJURY DUE TO A DATA SECURITY BREACH.
F. Other Limits to Your Privacy
The Sites may contain links to other non-Jamf websites. Jamf is not responsible for the privacy practices or the content of such websites. Jamf has no control over the use of such websites and you should exercise caution when deciding to disclose any Personal Information on these websites.
G. Choice Regarding Collection, Use, and Distribution of Personal Information
You have the opportunity to choose to opt-out whether your Personal Information is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals. In such an event, you will be only able to access public areas of the Sites. If you do not wish to receive promotional material from us, you may choose to "opt-out" each time we ask you for Personal Information. In certain cases, limiting the use and disclosure of your personal data may impact functionality or prevent the use of Jamf’s products or services.
H. Access and Correction
You have the right to access the personal information we hold about you. You may access your information that Jamf holds by contacting us via Section L below. You have the right to correct, amend, or delete that information where it is inaccurate, or has been processed in violation of the Privacy Shield Principles, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated.
To protect your privacy and security, Jamf may also take reasonable steps to verify your identity before making corrections to or deleting your account
I. Dispute Resolution, Arbitration & Cost
1. EU and/or Swiss Citizens
JAMF Software, LLC
100 Washington Avenue South
Minneapolis, MN 55401
Jamf has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint.
2. Non-EU/Non-Switzerland Citizens
JAMF Software, LLC
100 Washington Avenue South
Minneapolis, MN 55401
Class Action Waiver. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR JAMF MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INTERESTED PARTIES, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Governing Law and Rules for Arbitration. The Arbitration Agreement is governed by the Federal Arbitration Act (FAA). Arbitration must proceed only with the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services (JAMS). The rules for the arbitration will be the procedures of the chosen arbitration organization. If the organization's procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. Arbitration hearings will take place in Minnesota. A single arbitrator will be appointed. The arbitrator must:
- Follow all applicable substantive law, except when contradicted by the FAA;
- Follow applicable statutes of limitations;
- Honor valid claims of privilege; and
- Issue a written decision including the reasons for the award.
The arbitrator's decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or Jamf may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award issues. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.
J. Regulatory Oversight
L. How to Contact Us
JAMF Software, LLC
100 Washington Avenue South
Minneapolis, MN 55401
Effective Date: June 27, 2017