Deltek General Privacy Terms


For the prior version of our privacy terms, please click here.

These Deltek General Privacy Terms (“Privacy Terms” or “Terms”) are incorporated and form a part of the agreement entered into between the Customer and Deltek as well as any other applicable and associated written or electronic agreements such as terms of service and terms of use for the purchase of software and services (“Agreement”). The global network of Deltek entities shall, for purposes of the Privacy Terms, be collectively known as “Deltek.”

1. Scope and Structure

1.1. Here at Deltek, we strive to deliver software and information solutions that connect and automate your projects to help you fuel your business. As part of this mission, we want to clearly explain your rights, our obligations, and the protections we provide with respect to personal data you entrust to us. Since many of our customers use different Deltek products and services in different countries around the world, multiple privacy regimes may apply to your data. This section of our Terms explains the scope and structure of these Terms.

1.2. These Terms apply where and only to the extent that Deltek processes Customer Data or Personal Data on behalf of Customer in the course of providing the Service to the Customer pursuant to the Agreement. Additionally, these Terms do not apply to any Agreement for Deltek’s Information Solutions products and services. For the Information Solutions Privacy Terms, please click here or contact your customer support team member to obtain a copy. References to Customer Data in these Terms shall include all Personal Data that Deltek processes on behalf of the Customer pursuant to the Agreement.

2. Definitions

2.1. "Affiliate" means an entity that directly or indirectly Controls, is Controlled by or is under common Control with either party.

2.2. "Control" means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term "Controlled" will be construed accordingly.

2.3. “Business” will have the meaning given it in Section 1798.140(c) of the CCPA and Section 1798.140(d) of the CPRA. For the purposes of these Terms, Customer is a “Business.”

2.4. “Consumer” will have the meaning given it in Section 1798.140(g) of the CCPA and Section 1798.140(i) of the CPRA.

2.5. “Confidential Information” shall have the same meaning as set forth in the underlying Agreement.

2.6. “Controller” is used in a manner that references the applicable Privacy Law definitions and means the Customer.

2.7. “Personal Data” means information provided to Deltek by or at the direction of Customer, or to which access was provided to Deltek by or at the direction of Customer, in the course of Deltek’s performance under the Agreement that relates to an identified or reasonably identifiable natural person. For the purpose of the Privacy Terms, Personal Data shall encompasses similar terms, which vary based on jurisdiction but govern similar concepts, such as “Personally Identifiable Information” and “Personal Information.” Unless required by applicable law, Customer’s business contact information is not, by itself, entitled to the full scope of Data Subject rights as an individual’s Personal Data; Deltek has a legitimate interest in maintaining contact with the Customer for the purpose of performing the services outlined in the Agreement. Business contact information will still be subject to appropriate safeguards.

2.8. “Personal Data Breach” means the breach of security measures that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure or misuse of, access to, Personal Data Processed by Deltek. Based on jurisdiction, the presence of a Personal Data Breach may take into account the potential risk of harm to the rights of individuals based on the nature of Personal Data and the context in which it is Processed.

2.9. “Privacy Laws” means legislation, statutory instruments and any other enforceable laws, codes, regulations, or guidelines regulating the collection, use, disclosure and/or free movement of Personal Data that applies to any of the parties, to the Privacy Terms, or to this Agreement, including, in particular: (i) the California Consumer Privacy Act and its implementing regulations, as well as the California Privacy Rights Act, as may be amended from time to time (collectively referred to as “CCPA”); (ii) Canada’s Personal Information Protection and Electronic Documents Act, as may be amended from time to time, and similar provincial implementations, (“PIPEDA”) and any applicable and substantially similar provincial legislation; (iii) the European Union’s (“EU”) General Data Protection Regulation (EU) 2016/679 and any Member State implementing legislation (“GDPR”); (iv) the Privacy and Electronic Communications Directive 2002/58/EC (as amended by Directive 2009/136/E) in the applicable EU Member State; (v) the Asia-Pacific (“APAC”) intraregional frameworks, in particular the Asia-Pacific Economic Cooperation Cross Border Privacy Rules; and (vi) substantially similar privacy, data protection, or security laws applicable to the parties.

2.10. “Process,” “Processed,” or “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.

2.11. “Processor” is used in a manner that references the applicable Privacy Law definitions but should be read to mean Deltek throughout.

2.12. “Product,” “Products,” “Service,” and “Services” shall have the same meaning as used in the underlying Agreement.

2.13. “Sell” will have the meaning given it in Section 1798.140(t) of the CCPA and Section 1798.140(ad) of the CPRA.

2.14. “Service Provider” will have the meaning given it in Section 1798.140(v) of the CCPA and Section 1798.140(ag) of the CPRA. For the purposes of these Terms, Deltek, Inc. is the “Service Provider.”

2.15. "Security Incident" means any breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Customer Data.

2.16. “Special Categories of Personal Data” means the processing of biometric data in the form of photographs by Deltek or its Affiliates for the purpose of fulfilling its obligations with respect to providing the Service pursuant to the Agreement or this DPA.

2.17. "Sub-processor" means any Data Processor engaged by Deltek or its Affiliates, subject always to Deltek observing Section 4 (Sub-processing) of this DPA, to assist in fulfilling its obligations with respect to providing the Service pursuant to the Agreement or this DPA.

3. Roles of the Parties

3.1. As between Deltek and Customer, Customer or any of its Affiliates is the Data Controller of Customer Data and Deltek shall process Customer Data only as a Data Processor acting on behalf of Customer.

3.2. Customer Processing of Customer Data. Customer agrees and undertakes that it will comply with its obligations as a Data Controller under applicable Data Protection Laws in respect of its processing of Customer Data and any processing instructions it issues to Deltek. Customer will ensure that proper procedures and processes, such as ensuring the lawfulness and fairness of Personal Data collection, issuing notice to individuals, and obtaining legally required consents, are complied with prior to the transmittal to and Processing of Personal Data by Deltek. Personal Data should be collected, transferred, and disclosed only in a manner that protects individuals’ privacy while permitting Customer and Deltek to efficiently execute the terms of the Agreement. If Customer fails to comply with these requirements, Customer must immediately notify Deltek.

3.2.1. In the event Customer is subject to additional industry or data specific legal or regulatory restrictions, based on its area of business, jurisdiction in which Customer is based or has Authorized Users, and/or categories of data it collects and maintains, such as data localization or record specific retention requirements, Customer is responsible for notifying Deltek of any and all such restrictions that may impact Deltek’s Processing activities and the parties’ compliance obligations. Deltek cannot be responsible for complying with all relevant restrictions applicable to Customer’s business about which it is not reasonably aware.

3.3. Deltek Processing of Customer Data. As a Data Processor, Deltek shall treat Customer Data under these Terms as confidential information and will process Customer Data only for the purpose of fulfilling the Agreement and in accordance with Customer’s documented lawful instructions, as set forth in the Agreement and these Terms. Processing outside the scope of these instructions will require prior written agreement between Customer and Deltek with additional instructions for processing.

3.3.1. During the course of providing the products or services set forth in the Agreement, Deltek personnel may need to be given access to Customer Data. Access will only be granted to authorized Deltek personnel to the extent needed to perform their duties and satisfy Deltek’s obligations under the Agreement and in accordance with Customer’s lawful written instructions. Such access typically occurs at the behest and with the consent of the Customer. Authorized Deltek personnel are subject to confidentiality obligations no less stringent than those set forth herein.

3.3.2. In limited circumstances, Deltek may process Special Categories of Personal Data at Customer’s expressed direction. This will occur only when Customer purchases certain products or services and Customer will be notified that Special Categories of Personal Data would be in scope prior to purchasing the products or services.

3.3.3. Other than as expressly permitted by these Terms or by Data Protection Laws, Deltek shall not disclose, transfer or otherwise make available Personal Data in exchange for monetary or other valuable consideration to any third parties.

4. Locations of Hosting and International Data Transfers

4.1. Depending on the specific product or service offered under the Agreement, Deltek may offer different locations where Customer Data may be hosted or where support services may be provided from.

4.2. Transfers from the European Economic Area or the U.K. to Deltek. Deltek participates in the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework as set forth by the U.S. Department of Commerce (collectively, the “DPF”). The relevant governments have determined that data transfers conducted under DPF offer an adequate level of protection under GDPR and are thus an approved data transfer mechanism. All data transfers from relevant jurisdictions under this Agreement will be conducted under the DPF Principles. Deltek’s full Data Privacy Framework Policy is available here.

4.3. Transfers from the Asia-Pacific region to Deltek. Deltek is certified under the Asia-Pacific Economic Cooperation (“APEC”) Privacy Recognition for Processors (“PRP”). This certification provides an approved data transfer mechanism between all participating economies including the U.S., Canada, Japan, Korea, Singapore, Mexico, the Philippines, Taipei, and Australia.

5. Sub-processing

5.1. Authorized Sub-processors. Subject to the provisions of this section, Customer acknowledges and agrees that, Deltek may engage Sub-processors to process Customer Data. Deltek maintains an up-to-date list of its authorized Sub-processors, available here.

5.2. Sub-processor obligations. Where Deltek authorizes any Sub-processor as described in Section 4.1:

5.2.1. Deltek shall carry out due diligence on the Sub-processor regarding its capability to protect Customer Data;

5.2.2. Deltek will restrict the Sub-processors access to only the requisite Customer Data necessary to assist Deltek in providing or maintaining the Service, and prohibit the Sub-processor from accessing Customer Data for any other purpose;

5.2.3. Deltek will enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Customer Data to the standard required by Data Protection Laws and these Terms; and

5.2.4. Deltek will remain responsible for its compliance with the obligations of these Terms and for any acts or omissions of the Sub-processor that cause Deltek to breach any of its obligations under these Terms.

5.3. Sub-processor updates. Deltek will provide Customer with at least 45 days' prior notice via the website identified above as well as in an email to Customer’s primary support contact of any changes to its list of Sub-processors. Customer may object in writing to Deltek’s appointment of a new, or replacement of an old, Sub-processor within 10 calendar days of such notice, provided that such objection is based on reasonable grounds relating to data protection. In such event, the parties will discuss such concerns in good faith with a view to achieving resolution.

6. Security Measures and Security Incident Response

6.1. Security Measures. Deltek has implemented and will maintain reasonable and appropriate technical, administrative, and organizational security measures to protect Customer Data from Security Incidents and to preserve the security and confidentiality of Customer Data (“Security Measures”). For an accounting of the Deltek’s applicable technical and organizational security controls, Customer may request a copy of Deltek’s Service Organization Controls (SOC) Report(s) or other relevant documentation through its account administrator.

6.2. Updates to Security Measures. Customer acknowledges that the Security Measures are subject to technical progress and development and Deltek may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Service purchased by the Customer.

6.3. Personnel. Deltek restricts its personnel from processing Customer Data without prior authorization as set forth in the Security Measures and shall ensure that any person who is authorized by Deltek to process Customer Data is under an appropriate statutory or contractual obligation of confidentiality.

6.4. Customer Responsibilities. Notwithstanding the above, Customer agrees that the Customer is responsible for securing its account authentication credentials and taking appropriate steps to securely encrypt or backup Customer Data prior to it being uploaded to the Service and for Customer Data that has been downloaded or transferred from the Service.

6.5. Security Incident Response. Upon becoming aware of a Security Incident, Deltek will notify Customer without undue delay (in any case no later than 72 hrs. from the time Deltek becomes aware) and will provide information relating to the Security Incident as it becomes known or as is reasonably requested by Customer to the extent practicable under the circumstances. Deltek will also take reasonable steps to mitigate and, where possible, to remedy the effects of, any Security Incident. To the extent required by Privacy Laws, the parties shall ensure that the details of the Personal Data Breach and any subsequent notifications or reports related thereto remain Confidential Information.

7. Other Disclosures of Customer Data

7.1. If Deltek receives a governmental or supervisory authority request to disclose Personal Data subject to a legally enforceable order, Deltek must first (to the extent permitted by applicable law) inform Customer of the legal or regulatory requirement and give Customer, at Customer’s cost and expense, an opportunity to directly and promptly object to or challenge the requirement.

7.1.1. In the event Deltek is not legally permitted to notify Customer, Deltek will, unless prohibited from doing so under applicable law, notify Customer’s applicable supervisory authority, if appropriate, to determine how Deltek may comply with the disclosure request.

7.1.2. In any event, Deltek will seek to minimize the scope of information disclosed in response to a legally enforceable disclosure request to that which is absolutely necessary to meet the disclosure obligation under applicable law.

7.2. In addition to providing products or services in accordance with the Agreement, Deltek may, under select circumstances, use aggregate, performance-related data for the primary purpose of testing, trouble-shooting, or development purposes provided that Deltek personnel remain bound by the same confidentiality obligations described in these Terms.

8. Privacy Rights Requests

8.1. Certain individuals (such as those defined as Data Subjects under the GDPR or as Consumers under CCPA) may have certain rights under applicable Privacy Laws over the Personal Data Deltek processes under this Agreement (“Privacy Rights”). Deltek shall, to the extent legally permitted, promptly notify Customer if Deltek receives a Privacy Rights request related to this Agreement.

8.2. Taking into account the nature of the Processing, Deltek shall assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to Privacy Rights request to the extent required by Privacy Laws. In addition, in the event Customer does not have the ability to address a Privacy Rights request, Deltek shall, upon Customer’s request, provide Customer with commercially reasonable assistance in responding to such Privacy Rights request to the extent Deltek is legally permitted to do so and as required under Privacy Laws. However, Customer acknowledges that, in some situations, Deltek may deny providing assistance of information related to Privacy Rights requests, such as: when requests constitute an unreasonable expense or burden, are repetitious or excessive by nature, would involve violating the rights of other individuals, or compromise the security of Confidential Information and Personal Data.

8.3. In the event that Privacy Rights requests become excessive or manifestly unfounded, and therefore exceed what is reasonable under the circumstances, costs arising from Deltek’s assistance supporting Customer’s responsibility to address such Data Subject Requests shall be reimbursed by Customer on a time and materials basis.

9. Audits

9.1. Deltek will make available to Customer information necessary to demonstrate compliance with its obligations under these Terms and allow for and contribute to audits conducted by Customer upon Customer’s reasonable written request. Unless required by laws, the parties agree that any audits will be conducted no more than once in any twelve (12) month period.

9.2. The parties agree that Deltek may provide the following types of audit reports under Section 9.

9.2.1. SOC 2 Type II Report on Deltek’ s Description of its Service Provider Systems and on the Suitability of the Design and Operating Effectiveness of Its Controls Relevant to Security, Availability, Confidentiality, and Privacy or other similar attestation from a third party (e.g., a FedRAMP attestation or ISO/IEC 27001 certification).

9.2.2. A penetration testing attestation letter from an independent third party;

9.2.3. An executive summary of the independent third party’s penetration test; and

9.2.4. A summary level remediation report.

9.3. If Customer believes that audit reports provided under Section 9 reveal Deltek does not materially comply with its obligations under these Terms, the parties will work together in good faith to identify and provide additional evidence to demonstrate Deltek’s compliance with these Terms.

10. California-Specific Privacy Terms

10.1. Use of Personal Information. Deltek does not and shall not: (a) Sell or Share Personal Information provided or made available to it by or on behalf of Customer under this Agreement; (b) retain, use, transmit, or disclose Personal Information provided or made available to it by or on behalf of Customer under this Agreement for any purpose, or to any third party, other than for the specific purpose, and to the specific service providers or contractors, expressly specified in the Agreement; or (c) combine or update Personal Information received from, or on behalf of Company with Personal Information received from another source, unless expressly permitted by Applicable Law and the terms of the Agreement. Deltek certifies that it understands and will comply with these restrictions.

10.2. Collection of Personal Information. Deltek shall not collect any Personal Information on behalf of Customer directly from a Consumer unless such collection is (a) authorized by the Agreement and (b) necessary to perform the Services.

10.3. Consumer Rights Requests. As described above, Deltek shall cooperate with Customer in responding to and complying with Privacy Rights requests made pursuant to Applicable Law.

10.4. Compliance. Deltek represents, warrants and covenants that it is in compliance and shall comply with all applicable provisions of the CCPA. In the event that Deltek determines it can no longer meet its obligations under the CCPA, Deltek will promptly notify Customer.

10.5. Remediation. Pursuant to this Agreement, Customer may take reasonable and appropriate steps to ensure that Deltek uses the Personal Information that it received from, or on behalf of, Customer in a manner consistent with Company’s obligations under the applicable law. Upon notice, Company may take reasonable and appropriate steps to stop and remediate an unauthorized use of Personal Information by Deltek.

11. Canada-Specific Privacy Terms

11.1. To the extent Customer is subject to additional requirements or restrictions than those outlined in PIPEDA or local or provincial requirements impacting its use of an organization outside Canada, such as those applicable to certain Canadian public sector entities, Customer is responsible for satisfying any notice and consent requirements, as necessary, to properly facilitate transfers to Deltek entities in foreign jurisdictions.

12. EEA and U.K. Specific Privacy Terms

12.1. Assistance with Controller obligations. Processor shall reasonably assist Controller in ensuring compliance with its obligations under Articles 32-36 of the GDPR (security of Processing, Personal Data Breach notification, Data Protection Impact Assessments, and prior consultation), or equivalent European Privacy Law obligation, taking into account the nature of the Processing and information available to Processor.

12.2. Maintain records of processing. Processor shall keep records of all Processing of Controller’s Personal Data by Processor pursuant to Article 30 of the GDPR or equivalent European Privacy Law obligation.

13. General

13.1. Limitation of Liability and Indemnification. The limitation of liability and indemnification set forth in the Agreement remain in full force and effect and applies to these Terms and all incorporated materials.

13.2. Use of Cookies. Most Deltek Products and Services may contain cookies. Deltek sets and uses cookies for usage tracking purposes and statistical analysis, in accordance with applicable Privacy Laws. The use of cookies helps Deltek improve the Products by giving Deltek insight into how the Products are being used and the information obtained serves to support application functionality related to the Products and Services as outlined in the Agreement. Customer may request additional information regarding the use of cookies via email to [email protected].

13.3. Incidental Collections of Personal Data. As part of providing the Products or Services, there may be circumstances in which Customer’s authorized support contact(s) unintentionally, incidentally, or accidentally discloses data, which may include Personal Data, outside the scope and nature of what is agreed upon and typically transmitted for Processing by Deltek under the Agreement. Customer acknowledges that such disclosure of Personal Data may result in Deltek’s incidental collection and Processing of said Personal Data and agrees that this situation does not constitute a Personal Data Breach or violation of the terms of the Agreement or these Terms.

13.4. Complaints. If Customer reasonably believes that Deltek has breached its obligations under these Terms, Customer must provide an express written statement identifying the specific provisions it alleges Deltek has violated or is currently violating. Deltek has thirty (30) days from receipt of said notice to conduct its investigation into the alleged violation(s) and, if necessary, the parties shall work together, in good faith, to cure any identified or confirmed violation(s) in a timely manner. Notice under this paragraph shall be provided in writing to: [email protected] or Deltek - Office of the General Counsel, Attn: Privacy, 2291 Wood Oak Drive Herndon, VA 20171 USA.

13.5. Termination and return/destruction of Personal Data. Upon termination of the Agreement, Deltek shall, at the discretion of Customer, either delete, destroy, or return all Personal Data to Controller and destroy or return existing copies unless otherwise legally prohibited from doing so. For any Personal Data Deltek is required to retain after termination of the Agreement, Deltek will continue to meet the obligations set forth in these Terms and will use it only for the purpose for which it has been kept, such as to meet legal retention requirements.

13.6. Integration. Except for the changes made by these Terms, the Agreement remains unchanged and in full force and effect, including, but not limited to, the mutual indemnities provided by the parties. If there is any conflict between these Terms and the Agreement, these Terms shall prevail to the extent of that conflict.

13.7. Governing Law and Severability. These Terms will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws. The provisions of these Terms are severable. If any phrase, clause or provision is invalid or unenforceable in whole or in part, such invalidity or unenforceability shall affect only such phrase, clause or provision, and the rest of these Terms shall remain in full force and effect.

13.8. Updates and Amendments. In the event of additions to or changes in applicable Privacy Law, the parties shall work in good faith to update these Terms as reasonably necessary to comply with applicable Privacy Law. Such request must be provided in writing to [email protected] or as otherwise provided in the Agreement.