EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

Effective May 1, 2022

Participation

Forescout Technologies, Inc. and Forescout Government Solutions LLC (“Forescout” or “we”) participate in and have certified compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov.

We understand that supervisory authorities in the European Economic Area (EEA), Switzerland and the United Kingdom no longer recognize Privacy Shield certifications as sufficient protections for data transfers to the US, and we offer alternative and additional safeguards to our customers, including data processing agreements including Standard Contractual Clauses. However, Forescout continues to certify its compliance with this framework.

Types of personal data collected

• Site Visitors– when an individual accesses our websites we collect information about general uses and patterns. This information includes Address, device and connection information (including browser type, internet service provider, operating system, and referring/exit pages), site pages and content viewed, interactions on our website, products considered, frequency of visits to our websites, and other information collected by cookies.
• Marketing Requests and Forms– when you manually complete a form to request additional information about our products, or to subscribe to our marketing emails, trainings, or webinars we ask additional information. These forms typically collect your name, email, company name, job title, phone number, and country.
• Customer and Partner Portal Logins– if you are accessing the Partner Portal or our Customer Support Portal you will be asked to provide your username and password to access the site.
• Learning Management Systems and Training Sites: If you are accessing Forescout provided courseware or training, we collect your IP address, name, email, user name, password, education and training history, grade, company name and job title.
• Job Applicants– If you are applying for a job at Forescout through our website then we will also collect identification information, experience information and other information you submit. The information typically includes your name, address, work history, contact information and other personal information that you share with us in the process of applying for a job at Forescout. Once you have submitted an application, we may separately receive information about you from third parties such as through references or as legally permitted in performing background checks.
• Customer Data– We also process personal data for our customers as processors. This information includes Addresses.

Commitment to Principles

We are committed to processing all personal information received from European Union (EU) member countries and Switzerland, respectively, in reliance on the applicable Privacy Shield Framework, but do not rely on these frameworks to overcome any applicable legal hurdles to international data transfers.

Purposes for data collection and use

Forescout uses the collected personal information to provide you with information, special offerings, security alerts, trainings, customer service, improve and update our sites, and to help Forescout better understand visitors’ needs and interests. For example, we use personal information to:

• Offer access to our customer and partner portal;
• Set up and administer your account, including identification, authentication, usage monitoring, security, logging, and backups;
• Identify new customers and schedule a demo;
• Provide you with technical and customer support, and enable the provisioning of services, including sending confirmations, invoices, technical notices, updates, security alerts, and administrative messages and troubleshooting;
• Provide training and certifications;
• Register you for events;
• Communicate with you and your referrals about promotions, upcoming events, and news about products and services offered by Forescout;
• Provide and deliver products or services, including software updates and customer service;
• Understand you and your preferences to enhance your experience;
• Communicate training completion and progress;
• Respond to your comments and questions;
• Conduct surveys that we use for marketing and quality assurance purposes;
• Business to business communications;
• Enforce our legal rights and comply with legal requirements;
• Manage job applications;
• Subscribe you to newsletters, email lists, and other promotional events;
• Notify you about changes to our sites or obtain any required consent; and
• Improve our sites and services to better meet customer’s needs.

Contact

If you have questions or complaints, you can contact us at: Forescout Technologies, Inc., General Counsel, 2400 Dallas Pkwy. Suite 230, Plano, Texas, 75093, USA or submit your request to [email protected].

Type of third parties to which data is transferred and purposes for transfers

• Forescout affiliated and unaffiliated service providers and business partners. Forescout may share information to the extent needed to respond to requests for information about products or services, helping us with advertising or marketing, and maintaining accounts and providing customer service.
• In connection with a corporate transaction and with advisors. We may disclose information to third parties in connection with or during negotiation of any merger, financing, acquisition, or similar transaction. We may also share personal information with our auditors, attorneys or other advisors in the connection with our internal corporate functions.
• Government and law enforcement, emergency situations. Forescout may also access, transfer, disclose, and preserve personal information when doing so is necessary to: comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies; operate and maintain the security of Forescout’s systems, including to prevent or stop an attack on our computer systems or networks; protect the rights or property or ourselves or others, including enforcing our agreements, terms, and policies; or act in urgent circumstances such as protecting the health or personal safety of an employee or worker, agent, customer, or user of Forescout’s products or services, or member of the public.

Right of Access, Choice and Means

To exercise a right of access and learn about choice and means, see our European Economic Area Notice. When processing data on the instructions of a controller we will work with the controllers to facilitate access or choice.

Independent Dispute Resolution Body

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, you can contact, free of charge, the competent data protection authority in the EU (EU Data Protection Authorities (DPAs)) or Switzerland (Swiss Federal Data Protection and Information Commissioner (FDPIC)), as applicable.

Investigatory and Enforcement Powers

With respect to personal information received or transferred pursuant to the Privacy Shield Frameworks, Forescout is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

Arbitration

Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

Disclosing Personal Information in Response to Requests

In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Liability for Onward Transfers

Forescout is responsible for the processing of personal information it receives, under the applicable Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Forescout complies with the Privacy Shield Principles for all onward transfers of personal information from the EU and Switzerland, including the onward transfer liability provisions.

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