Data Privacy Framework ("DPF") Program Notice

Effective: February 22, 2026

 

This DPF notice (“Notice”) governs Optimove Inc. (“Optimove”, “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 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”, and “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.

Optimove's participation in the DPF applies to Personal Data, other than human resources data, that is subject to EU, UK and Swiss data protection laws.

2. PURPOSES OF DATA PROCESSING.

Optimove complies with the principles of the EU-U.S. DPF, the 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: in order to provide our products and services to our customers, providing support and maintenance (for example, correcting and addressing technical or service problems), complying with applicable laws, regulations, and orders from public authorities or courts, and/or for the establishment, exercise, or defense of legal claims, whether in court proceedings, administrative, or out-of-court procedures. The categories of Personal Data involved are first name, last name, address, phone number, email address and other categories of Personal Data provided by the client to Optimove, its affiliates and subsidiaries or the services.

Optimove 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 protected by EU, UK and/or Swiss data protection law 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, Optimove entities, 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.

 

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:

 

Processor's Purpose 

Google Cloud Platform - Cloud Provider

Amazon Web Services - Cloud Provider

 

Microsoft Corporation - Reporting and BI

 

Snowflake - Database Platform

 

Auth0 - Identity Provider

 

Twilio SendGrid - Email Sender Platform

 

Confluent Inc - Data processing for real time attributes

 

Optimove entities - Provision of the Services, including support

3.2. To the extent necessary, we will share Personal Data 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); 

3.3. 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;

3.4. 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 

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

3.2.

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@optimove.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 Optimove at: privacy@optimove.com or by postal mail sent to:

Optimove Inc.

Attn: DPF Inquiry

1407 Broadway, Suite 448, New York, New York 10018

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Optimove commits to refer unresolved complaints concerning our handling of Personal Data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/dpf-dispute-resolution  for more information or to file a complaint.  The services of JAMS are provided at no cost to you. 

5.2. 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.

Optimove 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.