Effective as of September 30, 2016
Cloudflare, Inc. ( “Cloudflare”, “we”, “us” or “our”) has certified certain of our services, for which we act as a data processor, under the EU-U.S. Privacy Shield framework ( “Privacy Shield”). For more information on the EU-U.S. Privacy Shield, please visit the U.S. Department of Commerce’s Privacy Shield website here. Our certification can be found here. Please note that our Privacy Shield certification will become active once formally accepted by the U.S. Department of Commerce.
We commit to periodically review and verify the accuracy of our policies and our compliance with the EU-U.S. Privacy Shield Framework. If there is any conflict between our Policy (including this Framework Statement), the principles of the EU-U.S. Privacy Shield shall govern where applicable.
We adhere to the principles of the EU-U.S. Privacy Shield framework with respect to personal data provided by: (i) visitors to our website, (ii) users of our services (i.e., subscribers to any of our plans), and (iii) information collected from visitors to the websites of our users. Since we are generally just a conduit for information controlled by others, it’s our customers and their users who control the content transmitted across our network (e.g. images, written content, graphics etc.). To the extent that we merely transmit, route, switch or cache information on behalf of our customers, we may instead rely upon such customer to comply with underlying EU legal requirements with respect to such processing, as permitted under Privacy Shield.
We process data submitted by our customers for the purpose of providing and developing our online web optimization and security services. To fulfill this purpose, we may process personal data submitted to us by our customers to provide such services, to address technical and security issues, to prevent fraud, to improve these services, to follow our customers’ instructions, or in response to contractual or legal requirements.
We may process human resources data of our existing, potential or former employees from the EU to enable our employment relationship under Privacy Shield. We commit to cooperate with European data protection authorities, including with respect to the Supplemental Principles, with regard to human resources data transferred from the EU in the context of our employment relationship, and to comply with the advice given by such authorities with respect to such data.
If you believe that we maintain copies of your personal data within the scope of the EU-U.S. Privacy Shield framework, you may direct any inquiries to [email protected] or via mail to: Cloudflare Trust and Compliance, 101 Townsend St., San Francisco, CA 94107. We will respond to your inquiry within 45 days of receipt and verification of your identity. If we fail to respond during that time, or if you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact TRUSTe, our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. If neither we nor TRUSTe are able to resolve your complaint, as a last resort you may engage in binding arbitration through the Privacy Shield Panel.
We may use a limited number of third party service providers to assist us in providing services to our customers or to meet internal business needs. These providers may provide services such as billing systems, contract and account management, customer support, relationship management and other technical operations. These third parties may access, process, or store personal data in the course of providing their services. We maintain contracts with these third parties to restrict their access, use, and disclosure of personal data in compliance with our Privacy Shield obligations, and we may be liable for such parties if they fail to meet these obligations.
Individuals located in the EU or EEA, if applicable, have rights to access personal data about them, and to limit the use and disclosure of such data. We take our privacy obligations extremely seriously, and have committed to respect these rights. Because our personnel have limited ability to access data submitted to us by our customers, if you wish to request access to, or to limit use or disclosure of data, please provide the name of the party who submitted your data to our services, and state whether it was yourself or a third party. We will refer your request to that third party, if appropriate, and reasonably support them in responding to your request.
Our commitments under the Privacy Shield framework are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. We may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Under such circumstances, we may be prohibited by law, court order or other legal process from providing notice of disclosure.