Data Privacy Framework
(“DPF”) Program Notice

Effective: November 2, 2023.

This DPF notice (“Notice”) governs Panorays Inc. (“Panorays”, “We” or “Our”) participation in the EU-U.S. DPF, UK-DPF extension to the EU-U.S. DPF and the Swiss-U.S. DPF programs with respect to the Processing of Personal Data as further explained in Section 1 below. If there is any conflict between the terms in this Notice and the DPF principles, the DPF principles shall govern. To learn more about the DPF and its principles please visit https://www.dataprivacyframework.gov/s/.

“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. “Process”, “Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1. SCOPE

Panorays’ participation in the DPF applies to Personal Data that is subject to the EU, UK and Swiss data protection laws that Panorays receives and processes in the context of the provision of Panorays’ Services (as defined below) including, from customers, Panorays’ affiliates or other third parties.

2. PURPOSES OF DATA PROCESSING.

Panorays complies with the principles of the EU-U.S. DPF, EU-U.S. DPF, UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF regarding the collection, use, and retention of Personal Data transferred to the United States from the European Union, United Kingdom, and Switzerland. Our DPF program covers transfers of Personal Data in the following cases: (i) to provide Panorays’ services; (ii) for Panorays’ customers to be able to use Panorays’ services; and/or (iii) to comply with other documented reasonable instructions provided Panorays’ customers (the “Service”). The categories of Personal Data collected and Processed by Panorays, include, without limitation: Full name; username / log-in details; email address; title / job position; IP address; User ID (random number generated by the Services); handling orders; delivering products and services; processing payments; communicating with customers, users, vendors, and sellers about orders, products, services and promotional offers; and/or any other Personal Data or information that the Panorays’ customers provide or instruct Panorays to Process in the context of Panorays’ Services. The data subjects are customer and/or clients, vendors employees, agents, advisors, freelancers of customer and/or their vendors, service providers or partners. Panorays has certified to the DoC that it adheres to the DPF Principles and Our DPF certification is available here.

3. ONWARD TRANSFERS OF PERSONAL DATA.

3.1. We will not transfer Personal Data originating in the EU, UK and/or Switzerland to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of protection to the Personal Data as required by the Principles of the EU-U.S. DPF, UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. We transfer Personal Data to processors, service providers, vendors, contractors, partners and agents (collectively “Processors”) who need the information in order to provide services to or perform activities on Our behalf. We are responsible for such onward transfers to third pursuant to the EU-U.S. DPF, UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF.

3.2. The abovementioned Processors and the description of the services that they provide and/or the activities that they perform are set out in the table below:

3.3. To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other public or governmental agencies, or if required to do so by court order (including to meet national security or law enforcement requirement);

3.4. If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events;

3.5. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company; and/or

3.6. Where you have provided your consent to us sharing or transferring your Personal Data.

4. DATA SUBJECT RIGHTS

You have the right to access Personal Data about you, and in some cases you are also allowed to correct, amend, or delete that Personal Data where it is inaccurate, or has been processed in violation of the DPF principles. In addition, you have the choice to limit the use and disclosure of your Personal Data. If you believe that We are Processing your Personal Data within the scope of Our DPF program, you can submit your request to: privacy@panorays.com. Please be aware that in specific situations where fulfilling access or other requests might impose a disproportionate burden or expense, or potentially infringe upon the rights of others, we may be required to carefully review and, if permissible under applicable law, respectfully decline your request.

5. INDEPENDENT RECOURSE MECHANISM. ARBITRATION.

5.1. In compliance with the DPF principles, We are committed to resolve complaints about Our collection or use of your Personal Data. EU, UK and Swiss individuals with inquiries or complaints regarding Our DPF policy should first contact Panorays at: privacy@panorays.com or by postal mail sent to: Attn: Panorays, Inc. 41 E 11th, 11th Floor. New York, New York. 10003.

5.2. Panorays has further committed to refer unresolved privacy complaints under the EU-U.S. DPF, UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS, a non-profit alternative dispute resolution provider located in the United States to assist with the complaint resolution process. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit Data Privacy Framework Resolution | JAMS Mediation, Arbitration, ADR Services (jamsadr.com) for more information and to file a complaint. The services of JAMS are provided at no cost to you).

5.3. Under certain conditions, more fully described on the DPF website (available here), you may also be able to invoke binding arbitration to determine whether a participating organization has violated its obligations under the DPF principles as to that individual and whether any such violation remains fully or partially unremedied (“residual claims”) after you approached us and you used the independent recourse mechanism. The International Centre for Dispute Resolution-American Arbitration Association (“ICDR-AAA”) was selected by the U.S. Department of Commerce to administer arbitrations pursuant to and manage the arbitral fund. Please visit ICDR-AAA’s website for more information.

6. U.S. FEDERAL TRADE COMMISSION ENFORCEMENT.

Panorays is subject to the investigatory and enforcement powers of the Federal Trade Commission (“FTC”) to ensure compliance with the EU-US DPF, UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF outlined in this DPF Notice.