EU and UK Supplement
Last Updated: August 12, 2022
This NICE ElevateAI EU and UK Supplement explains how NICE collects, uses, processes, and discloses data from you through our interactions with you and through your use of, and interactions with, ElevateAI and its associated web properties, specifically to the extent Your Data includes personal data from individuals subject to EU General Data Protection Regulation 2016/679 (“EU GDPR”) and the United Kingdom Data Protection Act 2018 (“UK GDPR”). This NICE ElevateAI EU and UK Supplement is referenced in and made part of the NICE ElevateAI Privacy Notice. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the NICE ElevateAI Privacy Notice or the NICE ElevateAI Terms of Use, including the other documents incorporated therein by reference. This EU and UK Supplement does not apply to other types of Data or NICE online services, products, and applications operated by NICE or its affiliates. For purposes of this NICE ElevateAI EU and UK Supplement only, the term “you”, “You”, “Your”, or “your”, with regard to personal data, refers to and includes personal data related to You, individually, and to the extent Data You upload to ElevateAI includes personal data related to other individuals governed by EU GDPR or UK GDPR.
The safeguards we deploy for performing such transfers across boundaries:
- Adequacy. Any transfers to NICE Affiliates in Israel may be made on the basis of an adequacy decision made by the European Commission or, as applicable, the United Kingdom.
- Model Clauses and the Data Processing Addendum.
- With some of our processors, we use standard contractual clauses approved by the European Commission (the “EU SCCs”) or the United Kingdom (the “UK SCCs), as applicable, that are binding standards of processing of personal data committed to contractually by third parties processing information for NICE and on NICE’s behalf.
- Consent. In the absence of an adequacy decision, Model Clauses, or the NICE ElevateAI Data Processing Addendum or other data processing agreement, and in the absence of any other right to transfer your Data, your consent shall serve as the basis for such transfer. By accessing and using ElevateAI, You agree and understand that Your Data may be transferred from the European Economic Area (“EEA”), or as applicable the United Kingdom, or other countries in which you may be using or accessing ElevateAI, to other jurisdictions outside your own location (including outside the EEA or UK, as applicable), as described in the NICE ElevateAI Data Processing Addendum.
You may have the rights prescribed below in relation to personal data processed by NICE if You are a data subject in the EEA or the UK or your personal data is otherwise governed by the EU GDPR or UK GDPR:
- The right to be informed about how your personal data is being used;
- The right of access to your personal data processed by NICE, which includes the right to obtain confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, access to the personal data and the purposes of the processing; categories of personal data concerned; recipients or categories of recipient to whom the personal data have been or will be disclosed; where possible, the envisaged period for which the personal data will be stored; the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling; the appropriate safeguards relating to the transfer of your personal data outside the EEA or UK.
- The right to request the correction of inaccurate personal data we hold about You;
- Under some circumstances, the right to request that we delete your personal data;
- The right to restrict processing of your personal data;
- The right to object to processing activities, if the processing is based on our legitimate interest;
- The right to withdraw consent for processing at any time, if the processing is based on consent;
- The right to object to processing of personal data for direct marketing purposes at any time;
- In some circumstances, the right to request that we transfer or port elements of your data either to you or another service provider – if the processing is based on your consent, and is made by automated means.
- The right to file a complaint with your Supervisory Authority (in the EEA, as prescribed by EU GDPR, or the United Kingdom, as applicable).
You may exercise these rights to the extent these rights apply to you by contacting NICE via the account administrator. We will undertake to respond to your request within the applicable time frame prescribed by applicable law, and in any event we will make efforts to respond within 30 days of receipt of your request. Although NICE will make reasonable efforts to accommodate your requests, in some circumstances we may deem your request unfounded or not eligible under applicable law. If that should happen, NICE expressly reserves the right to refuse your request personal data. Before NICE is able to accommodate any request, provide you with any information or correct any inaccuracies we may verify your identity by requesting certain information or identification.