Book a ConsultationThis Data Privacy Framework Policy (the “Policy”) sets forth the privacy principles that Duality follows when processing Personal Data received from customers or prospective customers located in the European Economic Area (“EEA”), Switzerland, and the United Kingdom while providing services from the United States (“U.S.”). This Policy does not apply to information collected through other Duality websites or to information collected during Duality sponsored sales and marketing activities. This Policy also does not apply to Personal Data collected through Duality's recruiting process. For purposes of this Policy, Personal Data means data about an identified or identifiable individual that is received by Duality in the United States from the EEA, Switzerland, or the United Kingdom, and recorded in any form, and is within the scope of Regulation (EU) 2016/679 (“General Data Protection Regulation” or “GDPR”), the Swiss Federal Data Protection Act, or the UK Data Protection Act 2018, respectively.
Duality is the provider certain software development services, and in connection with these services, Duality provides professional technical services, solution engineering services, project management services, and product technical support services (collectively “Services”) for the benefit of its customers and prospective customers in the EEA, Switzerland, and the United Kingdom through employees who may be located in the U.S. These U.S.-based employees may process Personal Data to provide Services to customers and prospective customers located in the EEA, Switzerland, or the United Kingdom.
Customers using Duality's Services are responsible for managing the data that they store within their own systems. Customers determine the categories of Personal Data and other information that they store within their systems. Similarly, Duality's customers and prospective customers who share data with Duality in connection with any of its Services determine which categories of Personal Data will be shared and for what purposes. Consequently, Duality does not generally know the categories of Personal Data to be processed or the purpose(s) of the processing unless and until Duality receives this information from its customers or prospective customers.
When Duality processes Personal Data, Duality does so only for the purpose of providing Services.
Duality customers and prospective customers may choose to include Personal Data among the data shared with Duality in connection with its provision of Services.
Duality processes only the Personal Data that its customers or prospective customers have chosen to share with Duality. Duality has no direct or contractual relationship with the subject of such Personal Data (a "Data Subject"). As a result, when a customer or prospective customer shares Personal Data, the customer or prospective customer is solely responsible for satisfying all legal obligations owed directly to the Data Subject under applicable data protection laws.
It is the customer's or prospective customer's responsibility to ensure that Personal Data it collects can be legally collected in the country of origin. The customer or prospective customer is also responsible for providing to the Data Subject any notices required by applicable law and for responding appropriately to the Data Subject's request to exercise his or her rights with respect to Personal Data. In addition, the customer or prospective customer is responsible for ensuring that its use of Duality's Services is consistent with any privacy policy the customer or prospective customer has established and any notices it has provided to Data Subjects.
Duality is not responsible for its customers' or prospective customers' privacy policies or practices or for the customers' or prospective customers' compliance with such policies or practices. Duality does not review, comment upon, or monitor its customers' or prospective customers' privacy policies or their compliance with such policies. Duality also does not review instructions or authorizations provided to Duality to determine whether the instructions or authorizations are in compliance with, or conflict with, the terms of a customer's or prospective customer's published privacy policy or of any notice provided to Data Subjects. Customers and prospective customers are responsible for providing instructions and authorizations that comply with their policies, notices, and applicable laws.
Duality employees located in the United States may provide Services for customers and prospective customers located in the EEA, Switzerland, or the United Kingdom. To provide such Services, Duality may process Personal Data. Duality will apply the following DPF Principles to Personal Data physically or remotely transferred from the EEA, Switzerland or the United Kingdom to the United States.
Data Subjects have the right to access the Personal Data an organization holds about them. If such Personal Data is inaccurate or processed in violation of the DPF Principles, a Data Subject may also request that Personal Data be corrected, amended, or deleted. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under the Data Privacy Frameworks, should direct their query to privacy@teamduality.dev. If requested to remove data, we will respond within a reasonable timeframe.
When Duality receives Personal Data, it does so on its customer's or prospective customer's behalf. To request access to, or correction, amendment or deletion of, Personal Data, Data Subjects should contact the Duality customer or prospective customer that collected their Personal Data. Duality will cooperate with its customers' and prospective customers' reasonable requests to assist Data Subjects to exercise their rights under the DPF.
Data subjects have the right to opt out of (a) disclosures of their Personal Data to third parties not identified at the time of collection or subsequently authorized, and (b) uses of Personal Data for purposes materially different from those disclosed at the time of collection or subsequently authorized. Duality's customers and prospective customers are responsible for informing Data Subjects when they have the right to opt out of such uses or disclosures. To request to limit the use and disclosure of your personal information, please submit a written request to privacy@teamduality.dev.
Data Subjects who wish to limit the use or disclosure of their Personal Data should submit that request to Duality's customer or prospective customer that controls the use and disclosure of their Personal Data. Duality will cooperate with its customers' and prospective customers' instructions regarding Data Subjects' choices.
Duality is committed to safeguarding the Personal Data that it receives. While Duality cannot guarantee the security of Personal Data, Duality takes reasonable and appropriate measures to protect Personal Data in Duality's possession from loss, misuse, unauthorized access, disclosure, alteration and destruction.
Duality utilizes a combination of online and offline security technologies, procedures and organizational measures to help safeguard Personal Data. For example, facility security is designed to prevent unauthorized access to Duality computers. Electronic security measures — including, for example, system access controls, passwords and access logging — provide protection from hacking and other unauthorized access. Duality also protects Personal Data through the use of role-based restrictions and, where appropriate, encryption technology. Duality limits access to Personal Data to employees, subcontractors, and third-party agents that have a specific business reason for accessing such Personal Data. Individuals granted access to Personal Data are aware of their responsibilities to protect such information and are provided appropriate training and instruction.
Duality's customers and prospective customers are responsible for limiting their collection of Personal Data to that which is necessary to accomplish the purposes disclosed to Data Subjects and compatible purposes. They also are responsible for providing Duality with instructions or authorization for the processing of Personal Data consistent with such purposes.
Duality's customers and prospective customers also are responsible for ensuring that (a) Personal Data they collect is accurate, complete, current and reliable for its intended uses; and (b) Personal Data is retained only for as long as is necessary to accomplish the customer's or prospective customer's legitimate business purposes disclosed to the Data Subject and for compatible purposes. Duality will cooperate with customers' and prospective customers' reasonable requests for assistance in meeting these obligations. In the performance of Services, Duality will request only the minimum amount of information required to perform the applicable Services and will retain such information only for as long as necessary to provide the Services or for compatible purposes, such as to provide additional Services, to comply with legal requirements, or to preserve or defend Duality's legal rights.
Duality may disclose Personal Data to subcontractors and third-party agents who assist Duality in providing Services to its customers and prospective customers. Before disclosing Personal Data to a subcontractor or third-party agent, Duality will obtain assurances from the recipient that it will: (a) use the Personal Data only to assist Duality in providing the Services; (b) provide at least the same level of protection for Personal Data as required by the DPF Principles; and (c) notify Duality if the recipient is no longer able to provide the required protections. Upon notice, Duality will act promptly to stop and remediate unauthorized processing of Personal Data by a recipient. Duality will remain liable for onward transfers to its subcontractors and third-party agents.
Duality may also be required to disclose, and may disclose, Personal Data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. To the extent permitted, Duality will inform its relevant customer or prospective customer before making such disclosure and provide it with a reasonable opportunity to object to such disclosure. Duality will not otherwise disclose Personal Data to third parties.
To the extent that Duality engages an employee or contractor in connection with the processing of personal data of customers (hereinafter, “Sub-processors”), Duality shall provide customers with a list of Duality's Sub-processors involved in the provision of Services prior to the commencement of Services, the location(s) from which such Sub-processors perform Services, and such additional information as may be reasonably requested by customers. Duality shall notify customers in writing in the event of any intended addition or replacement of any such Sub-processors.
Where Duality engages a Sub-processor for carrying out specific processing activities on behalf of customers, Duality shall impose on the Sub-processor the same data protection obligations as set out herein between Duality and customers. These obligations shall be imposed by way of a contract or other legal act under applicable data protection requirements and shall require the Sub-processor to provide sufficient guarantees that it will implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of applicable data protection requirements. Duality will remain at all times accountable and responsible for compliance with these standards by its Sub-processors.
In compliance with the EU-U.S. DPF Principles, including the UK Extension of the EU-U.S. DPF Principles and the Swiss-U.S. DPF Principles, Duality commits to resolve complaints about your privacy and Duality's collection or use of Personal Data transferred to the United States pursuant to this Policy. European Union, Swiss, and United Kingdom individuals with DPF inquiries or complaints should first contact Duality's Data Protection & Privacy Department by emailing privacy@teamduality.dev.
Duality has further committed to refer unresolved privacy complaints under the DPF Principles to an independent recourse mechanism, Data Privacy Framework Services, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit the BBB for more information and to file a complaint. This service is provided free of charge to you.
If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not otherwise resolved by other redress mechanisms. For more information about binding arbitration, visit the data privacy framework website.
The Federal Trade Commission has jurisdiction over Duality's compliance with the DPF.
Data Subjects with questions about how Duality processes Personal Data should first contact the Duality customer or prospective customer that collected the Personal Data. Duality's Data Protection & Privacy Team can be contacted by emailing privacy@teamduality.dev.
This policy is provided in English and may be translated into other languages. In the event of any conflict or discrepancy between the English language version and a translated version, the English language version of this policy shall control.
Duality may revise this Policy at any time. If Duality decides to materially change this Policy, Duality will post the revised Policy at this location.
Last updated: January 4, 2024