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Text Content

TALK TO AN EXPERT

 * Zero Trust Access
   
   
     APPGATE SDP
   
   * APPGATE SDP OVERVIEW
     
     Learn how Appgate SDP reduces risk and complexity, and why it's the
     industry's most comprehensive Zero Trust network access solution.
   
   * HOW APPGATE SDP WORKS
     
     Find out about the inner-workings of the most flexible and adaptable Zero
     Trust Network Access solution available today.
   
     Zero Trust Platform
     Integrations and Tech Partners
     Appgate SDP for Developers
   
   
     USE CASES FOR SECURING:
     
     Remote Access Hybrid Enterprise Cloud Access
 * Secure Consumer Access
   
   
     RISK-BASED AUTHENTICATION
   
   * OVERVIEW
     
     Learn how Risk-Based Authentication provides a frictionless, intelligent
     and data-informed approach to user authentication.
   
   * STRONG AUTHENTICATION
     
     Find out how you can provide secure, frictionless access with the right
     multi-factor authentication method.
   
   * TRANSACTION MONITORING
     
     Explore the tools you can use to intelligently identify and prevent online
     fraud.
   
   * BEHAVIORAL BIOMETRICS SERVICE
     
     Learn how behavioral analysis and machine learning stop fraudulent online
     web activity in real-time.
   
   
     DIGITAL THREAT PROTECTION
   
   * OVERVIEW
     
     Discover how you can gain unparalleled threat visibility and the risk
     management tools that enable early identification and elimination of
     potential attacks.
   
   * KEY FEATURES
     
     Take a deep dive into the features and tools contained within our
     industry-leading Digital Threat Protection (DTP) solution.
   
   
     SECURE CONSUMER ACCESS FOR:
     
     Consumer Protection Fraud Protection Phishing Protection Risk Orchestration
     Mobile Protection
 * Threat Services
 * Federal

OTHER
 * Resources
   * 
   * Resource Center
   * Blog
   * Podcast
   * Webinar Library
 * Partners
   * 
   * Partner Program Overview
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   * Technology Partners
 * About Appgate
   * 
   * Overview
   * Leadership
   * News & Press
   * Investor Relations
   * Contact Us
 * Support
   * 
   * Customer Support Portal
   * Appgate SDP Support
   * Fraud Support

Search

Resources
Resource Center
Blog
Podcast
Webinar Library
Partners
Partner Program Overview
Partner Portal
Technology Partners
About Appgate
Overview
Leadership
News & Press
Investor Relations
Contact Us
Support
Customer Support Portal
Appgate SDP Support
Fraud Support
Zero Trust Access
Secure Consumer Access
Threat Services
Federal
TALK TO AN EXPERT

Search

Appgate SDP

Appgate SDP Overview

Learn how Appgate SDP reduces risk and complexity, and why it's the industry's
most comprehensive Zero Trust network access solution.

How Appgate SDP Works

Find out about the inner-workings of the most flexible and adaptable Zero Trust
Network Access solution available today.

Zero Trust Platform
Integrations and Tech Partners
Appgate SDP for Developers
Use Cases for Securing:
Remote Access Hybrid Enterprise Cloud Access

Risk-Based Authentication
Overview
Learn how Risk-Based Authentication provides a frictionless, intelligent and
data-informed approach to user authentication.
Strong Authentication
Find out how you can provide secure, frictionless access with the right
multi-factor authentication method.
Transaction Monitoring
Explore the tools you can use to intelligently identify and prevent online
fraud.
Behavioral Biometrics Service
Learn how behavioral analysis and machine learning stop fraudulent online web
activity in real-time.
Secure Consumer Access for:
Consumer Protection Fraud Protection Phishing Protection Risk Orchestration
Mobile Protection
Digital Threat Protection
Overview
Discover how you can gain unparalleled threat visibility and the risk management
tools that enable early identification and elimination of potential attacks.
Key Features
Take a deep dive into the features and tools contained within our
industry-leading Digital Threat Protection (DTP) solution.
 * Legal
 * Privacy Policy


APPGATE WEBSITE PRIVACY NOTICE

Last Updated: October 14, 2022

Introduction

This Privacy Notice applies to all Appgate websites, applications, promotions,
products and services (collectively, the “Appgate Services” or the “Services”),
including those that link to this Privacy Notice, and describes how Appgate
collects, uses, shares, transfers, stores, retains, or otherwise processes your
personal information. This Privacy Notice also applies to any promotions,
referrals, or other marketing activities conducted by Appgate or in connection
with the Appgate Services (collectively, “Appgate Marketing”). This Privacy
Notice does not apply to any third party website or service that Appgate does
not own or control. For purposes of this Privacy Notice, Appgate means “Appgate,
Inc., including its subsidiaries and Affiliates”.

Appgate will share your information only as described in this Privacy Notice, or
as permitted by law. Appgate will not sell, lease, rent, or trade your personal
information to any third party for that party’s marketing or promotional
purposes.

By continuing to use the Services or participating in Appgate Marketing after
being provided with this Privacy Notice, you consent to Appgate’s policies and
practices as described herein.

Scope

Appgate is an industry leader in security and fraud protection products and
services and cybersecurity professional services, acting as a service provider
for other entities to assist them in meeting their business needs.

This Privacy Notice applies to individuals who:

 * visit or use our websites;
 * interact with us on behalf of a customer in connection with the provision of
   our Services;
 * interact with us on behalf of a service provider in connection with the
   products and services our service provider provides to us;
 * interact with us on behalf of a business partner in connection with our
   relationship with the business partner;
 * receive marketing communications from us; and/or
 * interact with us by registering for, attending and/or otherwise taking part
   in our trade events, webinars, or conferences or who communicate with us via
   email, phone, or in-person.

This Privacy Notice explains:

Information we collect and the sources from which we collect it

How we use the information we collect

How we share the information we collect

How we secure your information

How long we retain your information

Cookies and other technologies

Your privacy rights

International transfers

Information for children under the age of 18

California Supplement

EEA/UK Supplement

Updates to this Privacy Notice

How to Contact Us

Governing Law




INFORMATION WE COLLECT AND THE SOURCES FROM WHICH WE COLLECT IT

Information that We Collect from You

Appgate collects and processes the following categories of personal information
from customer, service provider, and business partner representatives
(“Representatives”); website visitors; individuals that receive marketing
communications from Appgate; and individuals that interact with Appgate by
registering for, attending and/or otherwise taking part in Appgate’s trade
events, webinars or conferences or who communicate with Appgate via email, phone
or in person:

 * Personal Details include data such as names, titles, company names,
   departments, email addresses, physical street addresses, telephone numbers,
   and social media usernames of individuals.
 * Login Credentials include data such as usernames and passwords of individuals
   needed to access various customer portals or applications used to place
   Service orders and receive customer support or otherwise access Appgate
   systems.
 * Payment Information includes data such as bank name, account numbers, routing
   numbers, check numbers, and wire transfer IDs. Typically, this information
   relates to the organization purchasing our products and services, but there
   may be instances where personal payment information is provided on behalf of
   an organization.
 * Customer Support Records include data such as call details and other similar
   data regarding customer support communications and chat sessions with
   Representatives.
 * Marketing and Event Records include the personal details of the
   Representative signing up to receive marketing materials as well as
   information collected from Representatives who complete a survey or form.
   Marketing records also include the business contact details of
   Representatives who register for, attend and/or otherwise take part in our
   trade events, webinars, or conferences as well as information about these
   events.

Information We Collect from Your Use of Appgate Services or Visits to our
Websites

Appgate collects and processes the following categories of personal information
from individuals that use an Appgate Service, including customer
Representatives, and those who visit our websites:

 * Device Information and website Records, which include data related to your
   interactions with our websites and other online content such as log data
   (i.e., preferences and settings, IP addresses, technical information about
   the device used to visit the websites, and geolocation information) and
   traffic data (i.e., pages viewed, date stamps, time spent on a page, click
   through and clickstream data, queries made, search history, search results
   selected, comments made, type of service requested, and purchases made).
 * Unique IDs include data such as IP addresses and geolocation data that we
   obtain from (a) Representatives, (b) website visitors who access our customer
   portals or website or (c) other individuals that interact with us.
 * Geolocation information about the location of the device you are using to
   access our website or Services.

Information We Collect about You from Third Parties

Appgate collects and processes the following categories of personal information
about customer and business partner Representatives:

 * Marketing Data including business contact information about current and
   prospective users of our Services from third party services, including, but
   not limited to, lead generation services and providers of customer and lead
   data.


HOW WE USE THE INFORMATION WE COLLECT

We use the personal information we collect for the following legitimate
interests and to manage our relationship with you:

 * To administer and process transactions related to the Services we provide;
 * To provide, assess, and improve our customer support and customer service;
 * To personalize your experience using our Services or website;
 * To communicate with you during contract negotiations or post-contract
   support;
 * To advise you of additional or new Services that may be of interest to your
   company;
 * To administer and manage service providers;
 * To work with business partners;
 * To improve and protect the integrity and security of our Services and our
   websites;
 * To administer a contest, promotion, survey, event, conference, webinar, or
   other website feature;
 * To send periodic communications (the contact information that you provide may
   be used to send you information, including marketing, respond to inquiries,
   and/or other requests or questions);
 * In the event of a corporate reorganization, including, but not limited to,
   merger, acquisition, or sale.

We also use personal information to comply with legal requirements or in the
following circumstances:

 * To fulfill a legal obligation or to protect our rights;
 * To comply with applicable laws and regulations;
 * To enforce any applicable contracts;
 * In an emergency, where the health or security of an individual may be
   endangered;
 * For any other purpose for which you have been notified, and if legally
   required where appropriate consent has been obtained.


HOW WE SHARE THE INFORMATION WE COLLECT

We share personal information with the following:

Service Providers. We share personal information with service providers that we
have retained to perform certain services and functions on our behalf, such as
auditing, information technology and infrastructure, hosting, data analytics,
contract management, order management and fulfillment, billing, email delivery,
advertising, events, and other related activities. We have written contracts in
place with our service providers that limit them from using personal information
except as necessary to perform the services and functions on our behalf and
prohibit them from sharing such personal information with any third parties
without our authorization.

Business Partners. We may also share your personal information with trusted
business partners pursuant to our contractual arrangements, which will include
appropriate safeguards to protect any personal information that we share with
these partners. These may include, but are not limited to, third parties that
organize tradeshows, third party consultants and experts, and auditors.

Affiliated Entities. We share personal information with entities that are under
our common ownership or control (our “Affiliates”). Subject to local
requirements, this personal information may be used to provide Services offered
by our Affiliates, for Affiliates to provide support to the Affiliated entity
that is sharing the personal information, or for any other purposes described
herein. For example, our Affiliates may share personal information with one
another about our customers, service providers, business partners,
Representatives, prospective employees, and website visitors for direct
marketing purposes.

Payment Processing. We work with a payment processing partner to process credit
card payments. If you make any credit card payment to us on behalf of your
organization, our payment processing provider will store your full name and
credit card details.

Fraud Prevention and Protection of Legal Rights. We may use and disclose
personal information to the appropriate legal, judicial or law enforcement
authorities and our advisors and investigators: (i) when we believe, in our sole
discretion, that such disclosure is necessary to investigate, prevent, or
respond to suspected illegal or fraudulent activity or to protect the safety,
rights, or property of Appgate and of our customers, service providers, business
partners, Representatives, website visitors, or others; (ii) when we suspect
abuse of the website or Services or unauthorized access to any system, spamming,
denial of service attacks, or similar attacks; (iii) to exercise or protect
legal rights or defend against legal claims; or (iv) to allow us to pursue
available remedies or limit the damages that we may sustain.

Law Enforcement. We may have to disclose the personal information of our
customers, service providers, business partners, Representatives, website
visitors or others if a court, law enforcement or other public or government
authority with appropriate competency requests that we provide that personal
information and we believe, in our reasonable discretion, that such request was
made in compliance with applicable law.

Corporate Reorganization. We may share your personal information with a third
party in the case of the reorganization, sale, merger, joint venture,
assignment, transfer or other disposition of all or any portion of our business,
asset or stocks, including in the event of bankruptcy or corporate
restructuring. Any personal information that an individual submits or that is
collected after the reorganization may be subject to a new privacy notice
adopted by the successor entity, of which we will inform, where required.


HOW WE SECURE YOUR INFORMATION

We implement a variety of security measures designed to maintain the safety of
your personal information when you enter, submit, or access your personal
information, or when it is otherwise collected or processed by us. We take
reasonable and appropriate measures to secure your personal information.


HOW LONG WE RETAIN YOUR INFORMATION

We will retain your information in accordance with our internal records
retention and management policies and procedures, including as necessary for
purposes of managing the applicable relationship (e.g., customer, vendor,
business partner), or as long as necessary to comply with our legal obligations.


COOKIES AND OTHER TECHNOLOGIES

When you visit our websites, open an email that we send you, or interact with
the communication features on our websites, we may collect information about
your usage or device by automated means or by using technologies such as
cookies, web server logs, and web beacons. Please view Appgate’s Cookie Policy
for information on our practices in relation to the use of these technologies.

At this time, we are not in a position to honor “do not track” signals from
website browsers. However, you may refuse or delete cookies. If you do so, some
of the functionality of our website may be impaired. Additionally, you may still
be identifiable and your usage may still be trackable by other means. Please
refer to your browser’s “Help” instructions to learn more about how to manage
cookies and the use of similar technologies.


YOUR PRIVACY RIGHTS

If you receive marketing communications from us by email, we seek your opt-in
consent to send you such communications by email in jurisdictions where that is
required. If we track whether or not you open any such email, we seek your
opt-in consent to do so in jurisdictions where that is required. You may, in any
event, unsubscribe from the receipt of future electronic communications from us
by clicking on the “unsubscribe” link provided in such communications or by
emailing unsubscribe@Appgate.com. Please note you may still receive some
communications such as those related to the Services you are receiving or in
response to inquiries you have made to us.

Certain jurisdictions may provide you with privacy rights under applicable data
protection or privacy law regarding your personal information. In particular,
you may have the right to:

 * be informed about your personal information;
 * access your personal information;
 * correct any personal information that is inaccurate;
 * have your personal information erased;
 * restrict or suppress the processing of your personal information;
 * obtain and reuse your personal information;
 * object to the processing of your personal information;
 * object to how your personal information is used in automated decision making,
   if applicable; and
 * lodge a complaint with a supervisory authority.

These rights may be limited, for example, if fulfilling your request would
reveal personal information about another individual, or if you ask us to delete
personal information which we are required by law to keep or which we need to
defend claims against us.

If you are a California resident, please see our California Supplement for
additional information. If you are a resident of the EEA/UK, please see our
European Economic Area/United Kingdom Supplement for additional information.

To exercise any of these rights, please contact us by using the contact details
under the “How to contact us” section below.

We will respond to such requests in accordance with the requirements of
applicable data protection laws. Please note that in order to fulfil your
request, we may need you to provide certain personal information to verify your
identity. Depending upon applicable data protection and privacy law, individuals
may also designate an authorized agent to exercise these rights on their behalf.


INTERNATIONAL TRANSFERS

Appgate or its appointed service providers may collect, use, process, store, and
disclose your personal information outside of your home jurisdiction, including
in the U.S., and in some cases, other countries, for the purposes described in
this Privacy Notice. These countries may have data protection and privacy laws
that are different than the laws of your home country. Appgate only transfers
personal information to another country in accordance with applicable data
protection and privacy laws, provided there are legally adequate protections in
place for the personal information.

If your personal information is processed within the EEA or UK, and for onward
transfers of personal information to Appgate’s appointed service providers,
Appgate and its appointed service providers will protect your personal
information by processing it in a territory which the European Commission (or
other relevant governmental authority) has determined provides an adequate level
of protection for personal information or otherwise implementing appropriate
safeguards to protect your personal information, including through the use of
Standard Contractual Clauses or another lawful transfer mechanism approved by
the European Commission (or other relevant governmental authority).



Although Appgate no longer relies on the Privacy Shield Framework as a lawful
transfer mechanism but instead relies on Standard Contractual Clauses, Appgate
and its Affiliates in the U.S. – including Appgate Cybersecurity, Inc. -
continue to apply the Privacy Shield Principles to the data previously
transferred to them pursuant to the Privacy Shield Framework. Please see our
Privacy Shield Policy below, which covers personal information transferred from
the EEA/UK/Switzerland to the United States pursuant to the Privacy Shield
Framework.



If you require further information about our international transfers of personal
information, please contact us by using the contact details under the “How to
contact us” section below.


INFORMATION FOR CHILDREN UNDER THE AGE OF 18

Our Services and this website are not directed to or intended for use by
children under the age of 18. If we learn that an under-18 user has volunteered
personal information on the site, we will delete such information from our
active databases.


CALIFORNIA SUPPLEMENT

If you are a resident of California, you have the following rights:

Right to Know. You have the right to request that we disclose certain
information to you about our collection and use of your personal information
over the past 12 months. Once we receive and confirm your verifiable consumer
request, we will disclose to you:

 * The categories of personal information we collected about you.
 * The categories of sources for the personal information we collected about
   you.
 * Our business and commercial purpose for collecting or selling that personal
   information.
 * The categories of third parties with whom we share that personal information.
 * The specific pieces of personal information we collected about you.
 * If we sold or disclosed your personal information for a business purpose, two
   separate lists disclosing: (i) sales, identifying the personal information
   categories that each category of recipient purchased; and (ii) disclosures
   for a business purpose, identifying the personal information categories that
   each category of recipient obtained.

Right to Delete. You have the right to request that we delete any of your
personal information that we collected from you and retained, subject to certain
exceptions. Once we receive and confirm your verifiable consumer request, we
will delete (and direct our service providers to delete) your personal
information from our records, unless an exception applies. If so, we will notify
you in our response that an exception applies and identify that exception.

To exercise your rights, please submit a verifiable consumer request to us by
emailing privacy@appgate.com. To verify your identity we may ask you for
additional information, which may include asking you to confirm other personal
information you have provided to us. We reserve the right to deny any requests
for which identity cannot be verified. If you have authorized another person to
make a request on your behalf, that person must provide to us your written
authorization allowing them to make such a request on your behalf. We reserve
the right to deny any request by an authorized agent if we are not reasonably
able to confirm proper authorization.

We will not discriminate against you for exercising any of your rights under
California law. Unless permitted by California law, we will not:

 * Deny you goods or services;
 * Charge you a different price or rates for goods or services, including
   through granting discounts or other benefits, or imposing penalties;
 * Provide you a different level or quality of goods or services;
 * Suggest that you may receive a different price or rate for goods or services
   or a different level or quality of goods or services.

The CCPA provides a right to opt-out of the sale of personal information as that
sale is defined in the statute. However, we do not sell California consumer
personal information for monetary or other valuable consideration.


EEA/UK SUPPLEMENT

To comply with the requirements of the European General Data Protection
Regulation (GDPR) for our European users and the UK GDPR, as tailored by the UK
Data Protection Act 2018 for our UK users, this EEA/UK Supplement outlines the
legal basis on which we process your personal information and provides other
information required by the GDPR and UK GDPR. Terms used in this section such as
“Controller,” “Processor,” “Process,” and “Processing” have the same meaning as
in the GDPR and UK GDPR.

Appgate’s entities located in the EEA/UK that act as Controllers include the
following:

 * Cryptzone Group AB
 * Cryptzone UK Ltd.

For our customers, service providers, business partners, and Representatives
associated with us, the relevant Controller is the EEA/UK entity with which you
have contracted; or, if you did not contract with an EEA/UK entity, the EEA/UK
entity as determined by us.

Legal Basis for Processing Your Information

Appgate will only Process your information where we have a legal basis to do so.
The lawful basis will vary with the type of Processing involved and will
typically include Processing (i) necessary for Appgate to pursue its legitimate
business interests, (ii) based on your consent, where this is required by data
protection laws, and (iii) necessary for Appgate to comply with its legal
obligations.

This Privacy Notice does not apply to any personal information processed,
stored, or hosted by customers using any of our Services or to the extent that
we Process personal information in the role of a Processor on behalf of our
customers. Where we act as a Processor on behalf of our customers, that
Processing is subject to the protections contained in our data processing
agreements with customers. We have no control over, and are not responsible for,
any personal information that our customers may store or host on their equipment
or otherwise Process while using our Services. We are not responsible for the
privacy or data security practices of our customers, which may differ from those
set forth in this Privacy Notice. For information related to how our customers
Process personal information, please contact the respective customer directly.

Your rights

You have the right under certain circumstances:

 * To be provided with a copy of your personal information held by us;
 * To request the rectification or erasure of your personal information held by
   us;
 * To request that we restrict the processing of your personal information
   (while we verify or investigate your concerns with this information, for
   example);
 * To object to the further processing of your personal information, including
   the right to object to marketing;
 * To request that your provided personal information be moved to a third party.

Where the Processing of your personal information by us is based on consent, you
have the right to withdraw that consent without detriment at any time by
contacting us as set forth in the “How to contact us” section below. Such
withdrawal will not affect the Processing of your personal information prior to
the withdrawal.

You can exercise the rights listed above at any time by contacting us at
privacy@appgate.com. The exercise of the above rights might be subject to
certain conditions and we might require further information from you before we
can respond to your request.

If your request or concern is not satisfactorily resolved by us, you may
approach your local data protection authority.


UPDATES TO THIS PRIVACY NOTICE

This Privacy Notice may be updated periodically and will be posted on the
website, indicating when it was last updated. If there are material changes to
our Privacy Notice, we will post a notice on our website and/or provide other
notice as required by law.


HOW TO CONTACT US

If you have any questions or concerns about this Privacy Notice or about how
Appgate collects, uses, or otherwise processes your information, you can reach
us at privacy@appgate.com or by mail at:

Attn: Privacy Team

Appgate Legal Department

2 Alhambra Plaza, Suite PH-1-B

Coral Gables, Florida 33134


GOVERNING LAW

Unless applicable data protection / privacy laws provide otherwise, (a) the
Privacy Notice is governed by the laws of the State of Florida, U.S.A, (b) you
hereby agree that any dispute or claim raised or made by you against us relating
to the Privacy Notice shall be subject to arbitration before a single arbitrator
in Miami-Dade County, Florida in accordance with the Commercial Arbitration
Rules of the American Arbitration Association and (c) you hereby waive all
rights to bring or maintain any court action, jury trial or any class claim,
class action, class arbitration, or other representative action, claim or
proceeding against us in a court of law.


EU-U.S. AND SWISS-U.S. PRIVACY SHIELD POLICY



Last Updated: October 14, 2022



I. Scope & Application



This EU-U.S. and Swiss-U.S. Privacy Shield Policy (the “Privacy Shield Policy”)
covers personal information transferred from the EEA/UK/Switzerland to the
United States pursuant to the Privacy Shield Framework, before it was
invalidated by the Court of Justice of the European Union in July 2020. Although
Appgate no longer relies on the Privacy Shield Framework as a lawful transfer
mechanism but instead relies on Standard Contractual Clauses, Appgate and its
Affiliates in the U.S. – including Appgate Cybersecurity, Inc. - continue to
apply the Privacy Shield Principles to the data previously transferred to them
pursuant to the Privacy Shield Framework.



Terms used in this section such as “Controller,” “Processor,” and “Personal
Data” have the same meaning as in applicable EEA, UK, and Swiss data protection
law.

If there is any conflict between the terms of this Privacy Shield Policy and the
Privacy Shield Principles, the Privacy Shield Principles shall govern. If this
Privacy Shield Policy is inconsistent with the Appgate Website Privacy Notice
with regard to the Processing of EEA/UK or Swiss Personal Data, this Privacy
Shield Policy shall prevail.

For more information about the Privacy Shield program, or to view our
certification, please visit https://www.privacyshield.gov/.

II. Compliance with EU-U.S. and Swiss-U.S. Privacy Shield

Appgate’s agreements with its Customers determine whether Personal Data that is
or was transferred to points outside the European Economic Area (“EEA”), the
United Kingdom or Switzerland is covered by the effective EU-U.S. Privacy Shield
Principles or Swiss-U.S. Privacy Shield Principles or by another approved
adequacy mechanism, including the EU or Swiss Standard Contractual Clauses. In
the event that the relevant agreement is silent on this point, the EU (or Swiss
Standard Contractual Clauses) shall apply to Personal Data covered by such
agreement.

With regard to Personal Data received pursuant to the effective Privacy Shield
Framework, Appgate complies with the EU-U.S. and Swiss-U.S. Privacy Shield
Framework Principles and the Supplemental Principles (collectively, the
“Principles”), as confirmed in further detail below.

A. Notice

Appgate adheres to the Notice Principle. Appgate has certified its adherence to
the Principles insofar as they apply to Appgate in its role as Controller or
Processor as the case may be in the given context, in regard to Personal Data
that is covered by this Privacy Shield Policy.

1. Appgate’s Collection, Use, and Disclosure of EEA/UK/Swiss Personal Data

Appgate collects, uses, and discloses EEA/UK/Swiss Personal Data relating to
Website Visitors, Representatives, and other individuals with whom it interacts
when performing, advertising, and demonstrating its Services or in connection
with other interactions. Appgate may also Process EEA/UK/Swiss Personal Data of
applicants to work at Appgate. Appgate also may Process EEA/UK/Swiss Personal
Data as a Processor pursuant to the Customer’s or other person’s or entity’s
instruction.

2. Means for Individuals to Limit Use and Disclosure of EEA/UK/Swiss Personal
Data

In our role as Controller, we adhere to the Choice Principle and the Sensitive
Data and Choice – Timing of Opt Out Supplemental Principles. We offer
individuals whose Personal Data is subject to this Privacy Shield Policy choice
regarding the processing of their EEA/UK/Swiss Personal Data, including where
relevant Sensitive Data, as described in Section II.B of this Privacy Shield
Policy.

3. Inquiries and Complaints, and Right of Recourse

Individuals whose Personal Data is covered by this Privacy Shield Policy may
contact us to submit inquiries or complaints regarding adherence to the
Principles and to request access to their EEA/UK/Swiss Personal Data by
contacting us via email at privacy@Appgate.com or writing to us at 2 Alhambra
Plaza, Suite PH-1-B, Coral Gables, Florida 33134, Attention: Appgate Legal
Department. Please see Section II.F of this Privacy Shield Policy for more
information regarding the right to request access to EEA/UK/Swiss Personal Data.

For information about how to pursue unresolved complaints relating to this
Privacy Shield Policy, please see Section II.G below.

4. Appgate Is Subject to the Investigatory and Enforcement Powers of the Federal
Trade Commission and Complies With Lawful Data Requests

Appgate is subject to the investigatory and enforcement powers of the Federal
Trade Commission (FTC) in regard to Personal Data received and Processed
pursuant to the Privacy Shield Framework. Appgate may be required to disclose
EEA/UK/Swiss Personal Data in response to lawful requests by public authorities,
including to meet national security or law enforcement requirements.

5. Liability in the Case of Onward Transfers

In the context of an onward transfer, we are responsible for the Processing of
EEA, UK and Swiss Personal Data received pursuant to the Privacy Shield
Framework and subsequently transferred to a Service Provider acting on our
behalf. We remain liable under the Principles if our Service Provider Processes
such EEA/UK/Swiss Personal Data in a manner inconsistent with the Principles,
unless we prove that we are not responsible for the event giving rise to the
damage.

B. Choice

We may obtain consent directly from individuals to Process their EEA/UK/Swiss
Personal Data in connection with the use of our Websites or through other
interactions between Appgate and Representatives associated with Customers or
other persons or entities and applicants for employment.

We offer individuals who are covered by this Privacy Shield Policy the
opportunity to choose whether his or her EEA/UK/Swiss Personal Data is to be
disclosed to a third party (“opt out”) other than Service Providers acting on
our behalf, which are contractually obligated to adhere to the onward transfer
provisions (see Section II.C below).

When acting as a Controller, we also offer individuals who are covered by this
Privacy Shield Policy the opportunity to opt out if we provide notice that we
intend to use his or her EEA/UK/Swiss Personal Data for a purpose that is
materially different from the purpose(s) for which it was originally collected
or authorized by the individual in question. Individuals may opt out by sending
an email to: unsubscribe@Appgate.com. If opting out, please provide, at a
minimum, your name and identify your employer in order to assist us in verifying
your identity, and please identify the uses or disclosures of EEA/UK/Swiss
Personal Data for which you are choosing to opt out. Note that opting out may
affect our ability to provide our Services and impact our interactions with
individuals.

With regard to Sensitive Data, when we act as a Controller, we will obtain
affirmative express consent (opt-in) if Sensitive Data is to be disclosed to a
third party or is to be used for a purpose other than that for which it was
originally collected or subsequently authorized by the individuals through the
exercise of opt in choice, unless the EEA/UK/Swiss Personal Data in question is
subject to an exception contained in the Sensitive Data Supplemental Principle.

In cases where we are acting as a Processor, we will assist the other party in
complying with the Choice Principle.

Please see Section II.A.2 of this Privacy Shield Policy for more information
regarding our adherence to the Choice Principle and the Sensitive Data and
Choice – Timing of Opt Out Supplemental Principles.

C. Accountability for Onward Transfer

For Personal Data covered by the Privacy Shield Policy, we adhere to the
Accountability for Onward Transfer Principle and the Obligatory Contracts for
Onward Transfer Supplemental Principle.

D. Security

For Personal Data covered by this Privacy Shield Policy, we adhere to the
Security Principle. We take reasonable and appropriate measures designed to
protect EEA/UK/Swiss 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 EEA/UK/Swiss Personal Data. In cases
where we are acting as a Processor, we secure EEA/UK/Swiss Personal Data in
accordance with our contractual obligations to the other party.

E. Data Integrity and Purpose Limitation

In our role as Controller, Appgate adheres to the Data Integrity and Purpose
Limitation Principle for Personal Data covered by this Privacy Shield Policy.
Our collection and use of EEA/UK/Swiss Personal Data is limited to the EEA, UK
and Swiss Personal Data that is relevant for the purposes of Processing,
including, for example, those that, depending on the circumstances, reasonably
serve Customer relations, the application process, compliance and legal
considerations, auditing and due diligence, security and fraud prevention,
preserving or defending Appgate’s legal rights, or other purposes consistent
with the expectations of a reasonable person given the context of the
collection. This may include Processing in the manner described in the
Performing Due Diligence and Conducting Audits Supplemental Principle.

We will keep the EEA/UK/Swiss Personal Data covered by this Privacy Shield
Policy in accordance with the terms and conditions of the relevant agreement in
cases where Appgate is acting as a Processor or agent. In cases where we are
acting as a Controller, we may retain the EEA/UK/Swiss Personal Data for the
longer of any of the following: (i) the period during which an individual is
actively using the Websites, serving as a Customer Representative, acting as a
Representative of a Service Provider of Appgate or otherwise interacting with
Appgate; (ii) the period specified in the unambiguous consent to the Processing
of its data by us for specified purposes; or (iii) as long as necessary for us
to meet any applicable legal requirements or to protect our legitimate
interests, including with respect to actual or potential legal claims.

F. Access

In our role as a Controller, we adhere to the Access Principle and Access
Supplemental Principle for Personal Data covered by this Privacy Shield Policy.
Individuals may obtain access to EEA, UK and Swiss Personal Data about them that
we hold. For this purpose, “access” means that individuals have the right to:
(i) obtain from Appgate confirmation of whether or not we are Processing EEA, UK
and Swiss Personal Data relating to them; (ii) have communicated to them EEA, UK
and Swiss Personal Data relating to them so that they can verify its accuracy
and the lawfulness of the Processing; and (iii) have the EEA, UK and Swiss
Personal Data corrected, amended, or deleted where it is inaccurate or Processed
in violation of the Principles. Individuals may request to access their EEA, UK
and Swiss Personal Data using the contact information listed in Section II.A.3
above.

We may limit or deny access as provided in the Principles, including 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. If we determine that access should
be restricted in any particular instance, we will provide as appropriate to the
individual requesting access an explanation of why Appgate has made a
determination to restrict access and a contact point for any further inquiries.
We are not required to provide access unless it is supplied with sufficient
information to allow it to confirm the identity of the person making the
request. We will respond to all access requests within a reasonable time period,
in a reasonable manner, and in a form that is readily intelligible to the
individual.

In cases where Appgate is acting as a Processor, we will assist the other party
in meeting its obligation to provide access, or we will obtain authorization
from the other party prior to providing access or refer the requesting
individual to the appropriate contact at the other party.

We may charge a fee for providing access where necessary or appropriate.

Please see Section II.A.3 of this Privacy Shield Policy for more information
regarding our adherence to the Access Principle and Access Supplemental
Principle.

G. Recourse, Enforcement, and Liability

For Personal Data covered by this Privacy Shield Policy, Appgate adheres to the
Recourse, Enforcement, and Liability Principle and the Verification and Dispute
Resolution and Enforcement Supplemental Principles. We have established in-house
procedures for receiving and addressing complaints. Individuals may contact us
to submit inquiries or complaints regarding our adherence to the Principles
using the contact information listed in Section II.A.3 above. We will respond to
individuals within 45 days of receiving a complaint.

Appgate utilizes the American Arbitration Association, an alternative dispute
resolution provider based in the United States, to investigate and expeditiously
resolve complaints and disputes that cannot be resolved internally, at no cost
to the individual, by reference to the Principles. Unresolved complaints may be
directed to the American Arbitration Association using the complaint submission
form found here. Individuals are encouraged to raise any complaints they have
with us before proceeding to the American Arbitration Association. The American
Arbitration Association complaint recourse mechanism described here is available
to individuals whose EEA, UK and Swiss Personal Data has been collected or
Processed by Appgate under the Principles. The American Arbitration Association
complaint recourse mechanism is not available to individuals whose EEA, UK and
Swiss Personal Data has been collected or Processed by Appgate under any other
EEA, UK or Swiss data transfer adequacy mechanism. Under certain conditions,
specified on the Privacy Shield website, you may invoke binding arbitration when
other dispute resolution procedures have been exhausted.

Appgate has implemented a self-assessment procedure to verify that the
attestations and assertions that we have made about our Privacy Shield privacy
practices are true and that they have been implemented as presented and in
accordance with the Principles. We are obligated to remedy problems arising out
of any failure to comply with the Principles.

Please see Section II.A.3 of this Privacy Shield Policy for more information
regarding our adherence to the Recourse, Enforcement, and Liability Principle
and the Verification and Dispute Resolution and Enforcement Supplemental
Principles.

H. Adherence to the Principles

Where applicable, Appgate adheres to, or its data practices with respect to EEA,
UK and Swiss Personal Data received pursuant to this Privacy Shield Policy are
consistent with, the Principles, including those not specifically listed above,
such as the Supplemental Principles of: Self-Certification; Public Record and
Publicly Available Information; and Access Requests by Public Authorities.


©Appgate 2022. All Rights Reserved.
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