|
I get so many meaningless emails from IBM if I got this, I most likelythe
did not see it.
But this defaults to "you accept anyway" so why spend the money to
send these out?
Ridiculous.
--
Jim Oberholtzer
Agile Technology Architects
-----Original Message-----
From: MIDRANGE-L [mailto:midrange-l-bounces@xxxxxxxxxxxx] On Behalf Of
Jeff Crosby
Sent: Wednesday, May 16, 2018 11:58 AM
To: Midrange Systems Technical Discussion <midrange-l@xxxxxxxxxxxx>
Subject: Re: IBM and GDPR notices
Hmm. I got mine from IBM via email back on April 10. Maybe yours
went to spam? And now they're getting desperate to find you? :)
Dear Jeff Crosby
Personal Data and its protection are becoming increasingly important
to individuals and enterprises. As you may know, the European Union
passed
General Data Protection Regulation (GDPR) effective 25 May, 2018. Theand
GDPR is designed to ensure a consistent level of protection of the
rights and freedoms of natural persons with regard to the processing
of their data
to establish one set of data protection rules across the Europeanactivities
Economic Area (EEA).
The GDPR applies to all organisations established in the EEA but also
to organisations established outside the EEA, when their processing
relate to the offering of goods and services to individuals in the EEAservice
or to the monitoring of individuals' behaviour within the EEA.
IBM is committed to GDPR readiness.
Your company may have one or more agreements in place with companies
or affiliates of the IBM group (hereafter "IBM"), where IBM provides a
to you that involves the processing of your Personal Data by IBM.the
Accordingly, IBM acts as processor of your Personal Data.
According to the GDPR (Article 28), both controller and processor,
have
obligation to enter into an agreement governing the processing ofPersonal
Personal Data. The GDPR explicitly sets out requirements with regard
to the content of such agreement.
In order to comply with this statutory requirement, IBM has created an
IBM Data Processing Addendum (DPA) and applicable DPA Exhibit, which
amend our existing contracts, to apply in situations where IBM is
processing
Data within the scope of the GDPR. In the event of any conflict withexhibit
existing data privacy or security terms, the DPA and applicable DPA
shall prevail.to
In order to ensure that our contracts are amended to comply with the
GDPR, we kindly ask you to take the following actions by May 24, 2018
(the "Due
Date"):
Please click this link
<redacted>
to review IBM's Data Processing Addendum (DPA) and DPA exhibit which
applies to your IBM offerings to express your acceptance of its terms.
If you need to delegate the acceptance of the terms to someone else in
your company, please do this directly in the tool by changing the
signer.
Note: Please
do not just forward this email to someone else, as they will not be
able
access the tool, unless they have been delegated to perform this action.the
If no explicit consent is given by the Due Date, but you continue to
use the services provided under the relevant IBM contract already in
in place, the GDPR terms as set out in the DPA, and associated to your
offering with IBM will apply to that contract. Such GDPR terms, apply
to your contract with IBM, to the extent that the GDPR applies to
content. This will ensure GDPR compliance.
If you believe IBM is not processing any of your Personal Data or the
Personal Data processed by IBM is not subject to the GDPR, please
click
"opt out" button when directed to accept the DPA, and provide theinterests
reasons behind the "opt out" in the appropriate box. It is in both of
our
to have a proper record of the steps we have taken to ensureStates;
compliance with the GDPR in order to be able to provide this to Data
Privacy Supervisory Authorities upon their request.
Additional details connected to your offering will be provided at the
time you place a new order with IBM or you renew the existing one.
If you have been contacted already by your IBM representative
specifically about compliance with the GDPR and its implications for
your contractual
relationship(s) with IBM, please refer to him for the next steps to be
taken.
Your prompt cooperation is greatly appreciated. If you have any
questions, please access this link:
www.ibm.com/data-responsibility/gdpr/terms/
welcome.jsp#!/chat
Privacy Shield is one of the approved certification mechanisms in the
EEA under GDPR Article 28.5 for personal data transferred to the
United
for more information about IBM offerings and Privacy Shield seehttps://www.ibm.com/privacy/details/us/en/cross_border_transfers_via_privac
https://www.ibm.com/privacy/details/us/en/cross_border_
transfers_via_privacy_shield.html.
<
y_shield.html<https://www.ibm.com/privacy/details/us/en/cross_border_transfers_via_privac
listAdditional information for customers about the GDPR and the IBM GDPR
Readiness Journey can be found here: www.ibm.com/gdpr Thank you.
IBM Global Markets
On Wed, May 16, 2018 at 12:44 PM, Jim Oberholtzer <
midrangel@xxxxxxxxxxxxxxxxx> wrote:
I just received a FedEx overnight delivery from IBM. It has a oneexpense.
page form letter to "Dear Valued Client".
It basically says IBM will be complying with the EU GDPR regulations
(regulations without any enforcement mechanism, nor penalties) and
go to a web site that explains any of the terms/condition changes as
the result of this regulation.
Then it gets better, there is a unique identifier on the FedEx
envelope that you need to use to go onto the web site to indicate
your acceptance of the new terms. So, if like my assistant does,
the letter is extracted from the envelope and the envelope discarded
(since when do we keep those anyway?) now how are you supposed to go
onto the web site? Think of the mail rooms in larger organizations.
Geesh..
Better yet, they say that if you do nothing by the "due date" (May
24,
2018)
they assume you agree and off you go.
US based customers could have been serviced by the Post Office just
as easily and most likely cheaper. Why use FedEx? I swear the
lawyers at IBM make life so much harder and expensive than it has to
be. I wonder where the stock prices would be without this type of
insane
HP, Cisco, Dell, and Brocade all sent me similar notices, via email....
--
Jim Oberholtzer
Agile Technology Architects
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--
Jeff Crosby
VP Information Systems
UniPro FoodService/Dilgard
P.O. Box 13369
Ft. Wayne, IN 46868-3369
260-422-7531
direct.dilgardfoods.com
The opinions expressed are my own and not necessarily the opinion of
my company. Unless I say so.
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