Watermark Holdings, LLC and its affiliates (i.e., Watermark Insights, LLC) (collectively, “Watermark”) respects Consumers’ concerns about privacy. Watermark complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) (EU-U.S. DPF, UK Extension and the Swiss-U.S. DPF, collectively, the “DPF”) as set forth by the U.S. Department of Commerce. Watermark has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. Watermark has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles,” and together with the EU-U.S. DPF Principles, the “DPF Principles”) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. This Policy describes how Watermark implements the DPF Principles for Consumer Personal Data.
For purposes of this DPF Policy:
“Consumer” means any natural person who is located in the EEA, UK or Switzerland, but excludes any individual acting in his or her capacity as an Employee.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Customer” means any entity for which Watermark provides products and/or services.
“Employee” means any current, former or prospective employee, contractor, intern or temporary worker of Watermark or any of its EEA, UK or Swiss affiliates, or any related individual whose Personal Data Watermark processes in connection with an employment relationship, who is located in the EEA, UK or Switzerland.
“EEA” means the European Union and Iceland, Liechtenstein and Norway.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by Watermark in the U.S. from the EEA, UK or Switzerland, and (iii) recorded in any form.
“Data Privacy Framework Principles” means the Principles and Supplemental Principles of the DPF.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (including trade union-related views or activities), sex life (including personal sexuality), information on social security measures, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposition of such proceedings, or the sentence of any court in such proceedings (including administrative proceedings and criminal sanctions).
“UK” means the United Kingdom and Gibraltar.
Watermark’s DPF certification, along with additional information about the DPF, can be found at https://www.dataprivacyframework.gov/. For more information about Watermark’s processing of Consumer Personal Data collected by Watermark from Consumers’ when visiting Watermark’s websites, please visit Watermark’s Privacy Statement.
Types of Personal Data Watermark Collects
Watermark serves as both a Controller and a Processor with respect to the Consumer Personal Data it obtains and maintains.
Controller Activities
As a Controller, Watermark obtains Personal Data about Consumers in various ways. For example, Watermark collects Personal Data from Consumers when they visit Watermark’s websites. Watermark may use Personal Data from Consumers collected when the Consumer visits Watermark’s websites for the purposes indicated in Watermark’s Privacy Statement. The Watermark Privacy Statement may be updated from time to time as Watermark changes the types of Personal Data that it collects from Consumers. In addition, Watermark obtains Personal Data from representatives of current and prospective Customers, such as contact information and payment or financial account data. Watermark uses this information to manage its relationships with current and prospective Customers, process payments, and carry out Watermark’s obligations under its contracts with Customers. Watermark also obtains Personal Data of its vendors’ and service providers’ representatives. The information obtained may include contact information and payment or financial account data. Watermark uses this information to manage its relationships with its vendors and service providers, process payments, and carry out Watermark’s obligations under its contracts with these parties. Watermark also obtains and uses Consumer Personal Data in other ways for which Watermark provides specific notice at the time of collection.
Processor Activities
As a Processor, Watermark may receive Consumer Personal Data in connection with providing services to its Customers, including Personal Data of domain name registrants that may be contained in WHOIS information received from Customers. Watermark’s privacy practices regarding the processing of Consumer Personal Data comply with the DPF Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability, each as further described below.
Notice
Watermark provides information in this Policy and Watermark’s Privacy Statement located at https://www.watermarkinsights.com/legal/privacy-statement/ about its Consumer Personal Data practices, including the types of Personal Data Watermark collects, the types of third parties to which Watermark discloses the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Data, and how to contact Watermark about its practices concerning Personal Data. When Watermark acts as a Processor and Consumer Personal Data is transferred to Watermark in the U.S. by, or on behalf of, a Customer, the Customer is responsible for providing appropriate notice to its Consumers and ensuring it is collecting such the Personal Data under a lawful basis such as for example, obtaining the Customer’s requisite consent. Relevant information also may be found in notices pertaining to specific data processing activities.
Choice
When Watermark collects Consumer Personal Data in its role as a Controller, Watermark generally offers the relevant Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the DPF Principles, Watermark shall obtain opt-in consent for certain uses and disclosures of Sensitive Data. These Consumers may contact Watermark as indicated below regarding Watermark’s use or disclosure of their Personal Data. Unless Watermark offers these Consumers an appropriate choice, Watermark uses Personal Data only for purposes that are materially the same as those indicated in this Policy. When Watermark obtains Consumer Personal Data in its role as a Processor for its Customers, Watermark’s Customers are responsible for providing appropriate notice to its Consumers and ensuring it provides the relevant Consumers with certain choices with respect to the Customers’ use or disclosure of the Consumers’ Personal Data.
Consumers may request access to their Personal Data by contacting Watermark as indicated below. When When Watermark obtains Consumer Personal Data in its role as a Processor for its Customers, Watermark’s Customers are responsible for providing Consumers with access to the Personal Data and the right to correct, amend or delete the information where it is inaccurate or has been processed in violation of the DPF Principles, as appropriate. In such circumstances, Consumers should direct their questions to the appropriate Watermark Customer. When a Consumer is unable to contact the appropriate Customer, or does not obtain a response from the Customer, Watermark will provide reasonable assistance in forwarding the Consumer’s request to the Customer.
Watermark shares certain Consumer Personal Data with its affiliates and subsidiaries. Watermark may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data: (i) to third-party Processors Watermark has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from governmental authorities, including to meet national security, governmental interest or law enforcement requirements. Watermark also reserves the right to transfer Consumer Personal Data in the event of an audit or if Watermark sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
Accountability for Onward Transfer of Personal Data
This Policy and Watermark’s Privacy Statement https://www.watermarkinsights.com/legal/privacy-statement/ describe Watermark’s sharing of Consumer Personal Data.
To the extent Watermark acts as a Controller, except as permitted or required by applicable law, Watermark shall provide Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. Watermark requires third-party Controllers to whom it discloses such Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the DPF Principles, and (iii) notify Watermark and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the DPF Principles. With respect to transfers of Consumer Personal Data to third-party Processors, Watermark (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the DPF Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Watermark’s obligations under the DPF Principles, (v) requires the Processor to notify Watermark if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the DPF Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. Watermark remains liable under the DPF Principles if Watermark’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the DPF Principles, unless Watermark proves that it is not responsible for the event giving rise to the damage.
Security
Watermark takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose Limitation
Watermark limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. Watermark does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes and consistent with its role as a Controller or Processor, Watermark takes reasonable steps to ensure that the Personal Data Watermark processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, Watermark relies on its Consumers and Customers (with respect to Personal Data of Consumers with whom Watermark does not have a direct relationship) to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers (and Customers, as appropriate) may contact Watermark as indicated below to request that Watermark update or correct relevant Personal Data. Subject to applicable law, Watermark retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.
Access
Consumers generally have the right to access their Personal Data. Accordingly, to the extent Watermark acts as a Controller, where appropriate, Watermark provides Consumers with reasonable access to the Personal Data Watermark maintains about them. Watermark also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the DPF Principles, as appropriate. Watermark may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting Watermark as indicated below. When When Watermark obtains Consumer Personal Data in its role as a Processor for its Customers, Watermark’s Customers are responsible for providing Consumers with access to the Personal Data and the right to correct, amend or delete the information where it is inaccurate or has been processed in violation of the DPF Principles, as appropriate. In such circumstances, Consumers should direct their questions to the appropriate Watermark Customer. When a Consumer is unable to contact the appropriate Customer, or does not obtain a response from the Customer, Watermark will provide reasonable assistance in forwarding the Consumer’s request to the Customer.
Recourse, Enforcement and Liability
Watermark has mechanisms in place designed to help assure compliance with the DPF Principles. Watermark conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions Watermark makes about its DPF privacy practices are true and that Watermark’s privacy practices have been implemented as represented and in accordance with the DPF Principles. In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Watermark commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact Watermark using the contact information in the “How to Contact Watermark” section of this policy. If a Consumer’s complaint cannot be resolved through Watermark’s internal processes, Watermark will cooperate with JAMS pursuant to the JAMS DPF Program, which is described on the JAMS website at https://www.jamsadr.com/dpf-dispute-resolution. JAMS mediation may be commenced as provided for in the JAMS rules. Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has DPF investigatory and enforcement powers. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Watermark’s compliance with the DPF Principles. When Watermark obtains Consumer Personal Data in its role as a Processor for its Customers, Consumers may submit complaints concerning the processing of their Personal Data to the relevant Customer, in accordance with the Customer’s dispute resolution process. Watermark will participate in this process at the request of the Customer or the Consumer.
All Watermark Holding related U.S. subsidiaries also adhere to the EU-U.S. DPF Principles, including, as applicable, the UK Extension to the EU-U.S. DPF, and Swiss-U.S. DPF Principles – which are covered by Watermark Holding’s DPF submission.
How to Contact Watermark
To contact Watermark with questions or concerns about this Policy or Watermark’s Consumer Personal Data practices or to file a complaint to Torie Orton, General Counsel of Watermark at privacy@watermarkinsights.com.