4 Cross-Border Data Processing
Our privacy practices are designed to help to protect your PII all over the world. We take a multidimensional approach to PDP compliance by at least one of several different legally-recognized mechanisms.
Data Transfer Agreements and the Standard Contractual Clauses. Teradata takes measures to comply with EEA/EU/Swiss/UK and other countries’ cross-border data transfer laws that pertain to PII by having in place written intra-group data transfer agreements among various Teradata subsidiaries and entities around the world (“Data Transfer Agreements” or “DTAs”). The intra-group DTAs incorporate EEA/EU/Swiss/UK-approved “Standard Contractual Clauses” (also referred to as “Model Clauses” in this Privacy Policy) and currently represent the primary legal basis for transferring PII from those countries/regions. We also comply with EEA/EU/Swiss/UK data transfer laws regarding PII with respect to other countries that have been recognized by them as having adequate protections for PII (e.g., Israel, Argentina, Canada and New Zealand) by complying with and/or being subject to the jurisdiction of the applicable laws and regulations of those countries for PII that is transferred to those countries. We review and update the intra-group DTAs as our business evolves.
Privacy Shield. Without derogating from Teradata’s use and observance of the Model Clauses as the current primary legal basis for transferring PII from the EEA/EU/Swtzerland/UK, Teradata’s applicable US entities (currently Teradata Corporation, Teradata Operations Inc., Teradata US Inc., Teradata International, Inc. and Teradata Government Systems LLC) also adhere to the principles of (and have for the timebeing elected to remain certified to) the Department of Commerce EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework with regard to PII collected from or about residents or citizens of the European Economic Area (“EEA”), European Union (“EU”) or Switzerland. For more information about Privacy Shield, or to access information regarding the status of Teradata’s Privacy Shield certification registrations, please go to https://www.privacyshield.gov.
Privacy Shield-Related Dispute Resolution. In relation to its Privacy Shield certification only, Teradata has committed to refer all unresolved Privacy Shield-related PDP complaints/disputes from EU, EEA or Swiss citizens or residents regarding their PII transferred to or for Teradata in the U.S. to an independent dispute resolution services provider and dispute resolution mechanism. The provider for such PII-related complaints/disputes is the International Center for Dispute Resolution (“ICDR”), international division of the American Arbitration Association (“AAA”), and the dispute resolution mechanism is the ICDR/AAA International Arbitration Rules, based on documents only and as modified by applicable ICDR/AAA EU-U.S. Privacy Shield Procedures or applicable Swiss-U.S. Privacy Shield Administrative Procedures.
Consistent with the principles of the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, if you are subject to such a framework you may initiate and proceed with this dispute resolution mechanism without any filing fees or dispute-resolution-provider administrative costs being borne by you (i.e., Teradata will be responsible for all filing fees and dispute-resolution-provider administrative fees for such dispute resolution mechanism), and there is the possibility, under certain conditions, for you to invoke binding arbitration. If Teradata does not timely acknowledge or satisfactorily address your PII-related privacy complaint/dispute/problem within 45 days after our receipt of your notice, you may contact the ICDR/AAA and initiate that independent dispute resolution process.
For online access to information about the ICDR/AAA EU/Swiss-U.S. Privacy Shield or to initiate a complaint under the ICDR/AAA EU/Swiss-U.S. Privacy Shield, please visit https://go.adr.org/privacyshield.html.
Without derogating from the Model Clauses as stated above, if there is any conflict between the terms of this Privacy Policy, Supplemental Privacy Terms or an applicable contract and the applicable EU-U.S. Privacy Shield Principles or Swiss-U.S. Privacy Shield Principles, the applicable EU-U.S. Privacy Shield Principles or Swiss-U.S. Privacy Shield Principles shall prevail and govern.