Safe Harbor
Privacy Policy

Planswift® Software (“PlanSwift”) understands that privacy is an important concern, and PlanSwift strives to collect, use and disclose Personal Information in a manner consistent with the laws of the countries in which PlanSwift and its affiliates and subsidiaries do business. This PlanSwift Safe Harbor Privacy Policy (the “Safe Harbor Privacy Policy”) sets forth the privacy principles that PlanSwift follows with respect to Personal Information transferred from the European Economic Area (“EEA”) (which includes the twenty-seven member states of the European Union (EU) plus Ireland, Liechtenstein and Norway) to the United States.

PlanSwift adheres to the principles set forth in the U.S.-EU Safe Harbor Framework and the Safe Harbor Frequently Asked Questions (the “Safe Harbor Principles”) as set forth by the U.S. Department of Commerce. To learn more about the Safe Harbor program, please visit: https://www.export.gov/safeharbor_eu. This Safe Harbor Privacy Policy supplements the PlanSwift Privacy Policy. If any conflict exists or arises between the policies in this Safe Harbor Privacy Policy and the Safe Harbor Principles, the Safe Harbor Principles shall govern.

Scope

This Safe Harbor Privacy Policy applies to all Personal Information, in any format, collected in and transferred from countries in the EEA to PlanSwift in the United States, including manually processed data and Employee Information.

Definitions

For purposes of this Safe Harbor Privacy Policy, the following definitions shall apply:

“Agent” means any third party that processes Personal Information pursuant to the instructions of, and solely for the benefit of, PlanSwift, or to which PlanSwift discloses Personal Information for processing on PlanSwift’s behalf. Examples of Agents that PlanSwift may use include customer support providers, payment processing providers (such as banks), IT providers, credit card processors, and providers that assist PlanSwift in managing and maintaining data relating to employees.

“Employee Information” means Personal Information of individuals employed in the EEA by PlanSwift or affiliates or subsidiaries of PlanSwift.

“Personal Information” means any information that identifies or could be used to identify an individual. Personal Information does not include anonymized information, aggregate information (to the extent an individual’s identity cannot reasonably be derived from such information), or publicly available information that has not been combined with non-public Personal Information.

“Sensitive Personal Information” means Personal Information that reveals a natural person’s race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or that concerns a natural person’s sex life or health.

“PlanSwift” means Planswift Software, its successors, subsidiaries, divisions and groups in the United States.

Safe Harbor Principles

The following principles in this Safe Harbor Privacy Policy are based on the Safe Harbor Principles.

Choice

PlanSwift will allow individuals to choose (opt-out) whether their Personal Information will be (1) disclosed to a third party that is not an Agent, or (2) used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. PlanSwift will permit Sensitive Personal Information to be (1) disclosed to a third party that is not an Agent, or (2) used for a purpose other than the purpose for which it was originally collected or subsequently authorized only if the individual to whom such Sensitive Personal Information relates affirmatively and explicitly consents (opts-in) to such disclosure or use. These provisions do not apply to public record information or publicly available information except in certain situations as defined by the Safe Harbor program.

Onward Transfer (Transfers to Third Parties)

PlanSwift will obtain reasonable assurances from its Agents that they will safeguard Personal Information collected by PlanSwift consistently with this Safe Harbor Privacy Policy and the Safe Harbor Principles. Examples of reasonable assurances include: a contract obligating the Agent to provide a level of protection for the Personal Information that is at least equivalent to the Safe Harbor Principles; the Agent being Safe Harbor certified; or the Agent being subject to EU Directive 95/46/EC or other law providing an adequate level of privacy protection. Where PlanSwift has knowledge that an Agent is using or disclosing Personal Information in a manner contrary to this Safe Harbor Privacy Policy, PlanSwift will take reasonable steps to prevent or stop the use or disclosure.

This provision does not apply to public record information or publicly available information except in certain situations as defined by the Safe Harbor program.

Access

Upon an individual’s request, PlanSwift will offer such individual reasonable access to Personal Information that it holds about that individual and will take reasonable steps to permit such individual a reasonable opportunity to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.

If you would like to access Personal Information maintained by PlanSwift, you should contact PlanSwift using the information set forth in the “Contact Information” section below. For security purposes, you may need to provide PlanSwift with various pieces of Personal Information to process the request.Any access request may be subject to a reasonable fee to meet PlanSwift’s costs in providing you with Personal Information PlanSwift holds about you. PlanSwift may also limit or deny access to Personal Information, or charge an additional fee, where providing such access would be unreasonably burdensome or expensive under the circumstances or as otherwise permitted by the Safe Harbor Principles.

Security

PlanSwift will take reasonable measures to protect Personal Information in its possession from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

Data Integrity

PlanSwift will take reasonable steps to ensure that the Personal Information it processes is reliable for its intended use, accurate, complete, current, and relevant for the purposes for which it is to be used.

Enforcement

PlanSwift will conduct periodic assessments of its relevant privacy practices to confirm the accuracy of, and verify its adherence to, this Safe Harbor Privacy Policy. PlanSwift will investigate suspected infractions. Any employee that PlanSwift determines to be in violation of this Safe Harbor Privacy Policy will be subject to disciplinary action, which may include termination of employment.

Dispute Resolution

Any questions or concerns regarding the use or disclosure of Personal Information other than Employee Information should be directed to the PlanSwift Legal Department at the address given in the “Contact Information” section below. Any questions or concerns regarding the use or disclosure of Employee Information should be directed to PlanSwift Administration at customerservice@planswift.com. PlanSwift will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Safe Harbor Privacy Policy. For complaints that cannot be resolved between PlanSwift and the complainant, PlanSwift has agreed to cooperate and comply with the European Union data protection authorities.

Limitations

PlanSwift’s adherence to the Safe Harbor Principles may be limited (a) by any applicable legal, regulatory, ethical or public interest consideration, (b) to the extent necessary to meet national security, public interest, or law enforcement obligations, and (c) as expressly permitted or required by any applicable law, rule, or regulation. PlanSwift may also disclose Personal Information reasonably related to the sale or disposition of all or part of its business, subject to and in accordance with applicable laws. Should such a sale or disposition occur, PlanSwift will direct the recipient to use such Personal Information in accordance with this Safe Harbor Privacy Policy.

Modification of this Safe Harbor Privacy Policy

This Safe Harbor Privacy Policy may be amended from time to time with or without notice in accordance with the Safe Harbor Principles. Any modified privacy policy will be posted on PlanSwift’s website. You can determine when this Safe Harbor Privacy Policy was last revised by referring to the “Effective Date” at the top of this webpage.

Contact Information

Questions, concerns, or complaints concerning the collection and use of Personal Information by PlanSwift pursuant to this Safe Harbor Privacy Policy should be submitted by mail or electronic mail as follows:

PlanSwift Legal Department
Planswift Software
1551 S Renaissance Town Dr
bountiful, UT 84010
legal@planswift.com