In addition to covering how we collect, use, disclose, transfer, and store your information, this policy also defines the lawful basis for how we process your information, and your related rights.In most cases, the lawful basis will be that the processing: (i) is necessary for our legitimate interests in carrying out our business, including direct marketing, provided those interests are not outweighed by your rights and interests, or (ii) is necessary to perform a contract with you. Where processing is based on your consent, we will identify the processing purposes and provide you with relevant information to make the processing fair and transparent.
Our Sites are not intended for anyone under the age of 13, and Jamf does not knowingly solicit or collect information from anyone under 13 years of age.If you are a parent or guardian and believe we may have collected information about a child, please contact at firstname.lastname@example.org.
B. EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
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.
Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
C. Collection of Personal Information
Depending on the context in which you interact with us, Jamf may collect or receive the following Personal Information:
- When you request a free trial or demo, request information or to be contacted, subscribe to email, or create an account on one of our Sites, we may collect your name, username, email address, phone number, company name, state, country, LinkedIn URL, Twitter URL, GitHub URL, and your photo.
- When you purchase products and certification course packages, we may collect your credit card information.
- When you use our products, Personal Information placed by you in your specific instance of Jamf Cloud 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.
- When you attend one of our events, speak with sales representatives, or when you contact customer support, we may collect your name, email, phone number, and company name.
- When you correspond with us via email, we may collect the Personal Information included in your email.
- We may receive Personal Information from third party business partners such as the contact details of prospects and sales leads from our resellers.
D. Use of Collected Personal Information
We may use the Personal Information we collect or receive for the following purposes:
- To carry out the purpose for which it was originally collected or received.
- To provide, operate, maintain and improve our products and services.
- To respond to your inquires and provide support.
- To process and complete transactions, and send you related information.
- To market and sell our products and services. If we do so, we will provide you with an easy was to opt-out of receiving such communications in the future.
- To monitor and analyze trends, usage, and activity in connection with our products and services, and for marketing or advertising purposes.
- To customize your experience on the Sites and display content that we think you might be interested in according to your preferences.
F. Employee 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. tJAMF 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 comply with the advice of the EU Data Protection Authorities (DPAs) and Swiss Federal Data Protection and Information Commission (FDPIC).
The Sites use analytical data provided by Google Analytics and other analytics services. 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/
H. Do Not Track Signals
Jamf Sites do not respond to Do Not Track signals.
I. Sharing of Personal Information & Accountability for Onward Transfer
From time to time, Jamf may engage third party business partner, vendors, or subprocessors to perform functions such as sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, data storage, processing credit card payments, 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. Additionally, Jamf may share your Personal Information, without your prior consent, in the event of any reorganization, merger, sale, joint venture, or transfer of assets. When Personal Information is shared, Jamf will ascertain that any third parties are obligated to provide at least the same level of privacy protection as is required under this policy . Should Jamf transfer Personal Information outside of a local jurisdiction, it shall only be done with adequate protections in place and in compliance with applicable laws and standards.
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.
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.
J. 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. Although we do our best to protect the Personal Information, we cannot and do not guarantee the security of your Personal Information.
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.
L. 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.
We seek to provide you with choices regarding the Personal Information you provide to us. You can always opt not to disclose information. However, if you elect to do so, this may impact functionality or prevent the use of Jamf’s products or services. You have the right, at any time, to opt-out of receiving marketing messages from Jamf by sending an email to email@example.com, by unsubscribing through the unsubscribe or opt-out link in an email, or by unsubscribing here. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important operational or administrative messages.
N. 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 Q 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
O. Non-EU/Non-Switzerland Citizens
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.
P. Regulatory Oversight
Q. How to Contact Us
JAMF Software, LLC
100 Washington Avenue South
Minneapolis, MN 55401
Date Posted: May 17, 2018