Cookies and Privacy Policy
All you need to know about our website policies.
Terms and Conditions
These terms and conditions outline the rules and regulations for using This Website.
By accessing this website, we assume you fully accept these terms and conditions. Do not continue to use This website if you do not accept all of the terms and conditions on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our”, and “Us” refer to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client most appropriately, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, following and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they are considered interchangeable and therefore refer to the same.
Cookies
We employ the use of cookies. By using This website’s website, you consent to the use of cookies by This website’s privacy policy.
Most modern-day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies. License
License
Unless otherwise stated, This website and/or its licensors own the intellectual property rights for all material on This Website. All intellectual property rights are reserved. You may view and/or print pages from http://www.website.com for your personal use, subject to restrictions set in these terms and conditions.
You must not:
Republish material from this website.
Sell, rent or sub-license material from this website.
Reproduce, duplicate or copy material from this website.
Redistribute content from This website(unless content is specifically made for redistribution).
Hyperlinking to our Content
1. The following organizations may link to our Web site without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors, when they list us in the directory, may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses and
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups, which may not hyperlink to our Web site.
2. These organizations may link to our home page, to publications or other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
3. We may consider and approve, in our sole discretion, other link requests from the following types of organizations:
commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
dot.com community sites;
associations or other groups representing charities, including charity giving sites,
online directory distributors;
internet portals;
accounting, law and consulting firms whose primary clients are businesses;
educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or other Website information so long as the link (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by email.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
By use of our corporate name or
By use of the uniform resource locator (Web address) being linked to or
Use any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.
This website’s logo or other artwork will not be allowed for linking absent a trademark license agreement.
Iframes
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
Content Liability
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature
Privacy Policy and Cookies
1. Introduction
This website is dedicated to protecting your personal information and informing you about how we use your information. This privacy policy applies to using this website's services, including our website and services (collectively “Platform”). This Privacy Policy should be read in conjunction with the Terms of Use and is integrated into the Terms of Use. All capitalized proper nouns not defined in this Agreement will have the same definitions and meanings as defined by the Terms of Use. Please review this Privacy Policy periodically, as we may revise it occasionally. If you do not agree with or accept our Privacy Policy in it’s entirety, you must not access or use the Platform. If you use the Platform following a change to the terms of this Privacy Policy, you agree to accept the revised policies.
2. Information Collected
On this website, we collect personally identifiable information (“PII”) and non-personally identifiable (“Non-PII”) information from you. Personally identifiable information is information that can be used to identify you personally. Non-personally identifiable information must be combined with other information to identify you personally.
Personally Identifiable Information Collected
You will not be required to provide us with any information when you visit our Platform. However, to fully use our Platform, we may collect PII such as your name, date of birth, email, telephone number, website and business information, and address. We may also collect your relevant payment or credit card information if you wish to pay for any services offered via the Platform. All payment information shall be stored and processed by our third-party payment processors.
Non-Identifying Information
Whenever you use our website, we may collect Non-PII from you, such as your IP address, zip code, gender, browsing history, search history, registration history, interactions with the Platform, usage information, location, referring URL, browser, operating system, data usage, data transferred, and Internet service provider. We may also collect information including but not limited to postings you make on the public areas of our website, messages you send us, and correspondence from other members or third parties about your activities or postings.
3. Use of Your Information
Some of your information will be visible to other users of the Platform to facilitate communication between users. We will never sell your information without your permission; however, you agree that we may use your information in the following ways:
To provide any services offered and to operate This website Platform.
To enhance or improve our users’ experiences.
To contact you via email or other electronic communications where you have an inquiry.
To notify you of additional website services and updates.
This is to share with third parties with whom you have requested additional information about their products and services.
To process your transactions.
To share your information with third-party partners or third parties hired by us to perform functions and provide services to us subject to the obligations consistent with this Privacy Policy and on the condition that the third parties use your information only on our behalf and under our instructions.
4. Anonymized Data
Please be aware that we may collect and aggregate personally identifiable information from our Platform and may anonymize that information for our research or internal purposes. Once such data has been anonymized, it cannot be traced back to you, the user.
5. Accessing, Editing, and Removing Your Information
You will be able to access any information contained in your account through our Platform. You may edit that information by removing or changing the information listed in your account. Please contact us if you have any questions or wish to review, remove, change, or access any of the information we collected. After you have cancelled your account, please be aware that we may keep inaccessible copies of your PII and non-PII, subject to our data retention policies.
6. Permanent Removal Requests If you wish to have any of your PII stored within this website Platform permanently removed, please follow our instructions as stated in the policy titled “Removal of Information.” If you have any questions regarding such removal, please contact us.
7. Cookies and Tracking
We use cookies as stated in our cookie policy. Cookies must be enabled in your browser for our Platform to function properly. Additionally, while using portions of our Platform, we may track your usage information to understand how you interact with our Platform. If you disable cookies from your web browser, some portions of our Platform may not work.
8. Third-Party Access to Your Information
Although you are entering into an Agreement with This website to disclose your information to us, we do use third-party individuals and organizations to assist us, including contractors, web hosts, and others, to allow you to access the Platform. Throughout our services to you, we may delegate our authority to collect, access, use, and disseminate your information. Therefore, you must grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of to operate, maintain, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
9. Law Enforcement
You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated US laws, the terms of our Terms of Use or our Privacy Policy, or if we believe that a third party is at risk of bodily or economic harm. If we receive a subpoena affecting your privacy, we may elect to notify you to allow you to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request from third parties where we believe that it is proper to do so for legal reasons, where your actions violate any law of the United States or any other country having jurisdiction over us, our Platform, or our Terms of Use. You release us from any damages arising from or relating to releasing your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph, whether it is to individuals or entities or to any state or federal authorities, as required.
10. Opt Out of Commercial and non-commercial Communications and Do Not Track
If you decide to provide us with your contact information, you agree that we may send you communications via text and email. However, you may unsubscribe from certain communications by notifying this website that you no longer wish to receive these communications. We will endeavour to promptly remove you once we have received that request. We currently do not offer functionality to opt out through “do not track” listings. Please contact us if you wish to opt out of certain communications or information collection.
11. Third Parties
This website or other users may post links to third-party websites on the Platform, including information we have no control over. When accessing a third-party site through our Platform, you acknowledge that you are aware that these third-party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third-party websites. Please be aware that this Privacy Policy and any other policies in place and any amendments do not create rights enforceable by third parties. This website bears no responsibility for the information collected or used by any advertiser or third-party website. You must review their Terms of Use and Privacy to understand how their information collection practices work.
12. Security Measures
We make reasonable attempts to protect your information using physical and electronic safeguards. For this reason, we use SSL certificates to enhance the security of our platform. However, as this is the Internet, we cannot guarantee the security or privacy of your information. For this reason, we recommend using anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.
13. Your California Privacy Rights
This website permits residents of the State of California to use its Platform and complies with the California Business and Professions Code §§ 22575-22579. If you are a California resident, you may request certain information regarding our disclosure of personal information to any third parties for direct marketing purposes. Various provisions throughout this Privacy Policy address the requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors.
14. Age Compliance
We intend to fully comply with American and international laws that respect children’s privacy, including COPPA. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18 and using our Platform, please stop immediately and do not submit any information to us. If we have inadvertently collected any information from users under 18, please contact us immediately.
15. International Transfer
Your information may be transferred to – and maintained on – computers outside your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy and submission of such information represents your agreement to that transfer. PII and Non-PII that is submitted to This website will be collected, processed, stored, disclosed and disposed of by applicable U.S. law and this policy. If you are a non-U.S. member, you acknowledge and agree that This website may collect and use your Information and disclose it to entities outside your jurisdiction. In addition, such information may be stored on servers outside your resident jurisdiction. U.S. law may not provide the degree of protection for information available in other countries.
16. Merger and Acquisition
If this website involves a bankruptcy, merger, acquisition, reorganization, or asset sale, your information may be sold or transferred as part of that transaction. Please be aware that your privacy rights may change once the information is transferred.
17. Amendments
Like our Terms of Use, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed in this Agreement, or we may contact you. You must agree to the amendments as a condition of continued use of our Platform. If you do not agree, you must immediately cease using our Platform and notify us of your refusal by contacting us.
18. Privacy Notice for European Citizens
We respect the rights of persons living within the European Economic Community (EEC) and the rights afforded to them under the General Data Protection Regulation (GDPR), sections 18-23 are referred to as our Privacy Notice and address additional privileges that EEC users may have under our Privacy Policy. This Privacy Notice explains how we shall assist our users who live within the EEC.
19. Legal Rights Your Rights Under the GDPR
The right to be informed
This website wishes to inform you of what we do with your personal information. We strive to be transparent about how we use your data. The right to access you have the right to access your information at any time. Please contact us if you wish to access the personal information This website holds about you. The right to rectificationIf the information This website holds about you is inaccurate or not complete, you have the right to ask us to rectify it. If that data has been passed to a third party with your consent or for legal reasons, we must also ask them to rectify it. Please contact us for more information. The right to erasureSometimes called ‘the right to be forgotten’. You have the right to request that This website to erase all your personal data, if you wish to do so please contact us. The right to restrict processing: you have the right to ask This website to restrict how we process your data. This means we can store the data but not further process it. We will only keep enough data to ensure that we can accommodate any additional requests. Please contact our team. The right to data portability: This website must allow you to port and reuse your personal data across different platforms. Please contact us if you wish to receive additional information on how to port your data elsewhere. This right only applies to the personal data you provided us as a data controller. The right to objectYou have the right to object to This website processing your data even if our processing is due to legitimate purposes as described in our Privacy Notice, if you have any objections please contact us. The right to withdraw consentIf you have given us your consent to process your data but change your mind later, you have the right to withdraw your consent at any time, and This website must stop processing your data. If you want to withdraw your consent, please contact us.
19. Legitimate Purposes for Collecting Your PII
The following are the specific legitimate purposes that we may use your PII for:
Contract Administration – We may use your PII to (1) negotiate, execute, renew and/or manage a contract with you; (2) process billing information and payments related thereto; and/or (3) communicate with you in respect of the above (including sending (legal) notifications).
Access and Communications to Our Platform – We may use your PII to (1) set up and manage your This website account, (2) interact with you through our Platform (e.g. software updates, Platform announcements, etc.): and/or (3) manage and respond to your questions or comments (e.g. technical, commercial or administrative) or requests for maintenance and support.
Use of the Platform – We may use your PII to (1) enable you to enjoy and easily navigate the Platform and/or (2) better understand your needs and interests.
Sharing with Third Parties – We may use your PII to share with our partner companies that we share data with.
Allowing You to Access or Download Content—We may use your PII to allow you to download data or content from the Platform.
Training and Improvements – We may use your PII to (1) train our employees or contractors to allow for a better Platform experience and/or (2) improve the Platform.
Direct Marketing – We may use your PII to contact you for additional products and services you may be interested in.
Please be aware that all legitimate purposes will be pursued with minimal additional processing. In addition to the purposes listed, we may share your information in accordance with our Privacy Policy where investigations or a legal dispute have occurred.
20. Retention of PII
This website will only retain your PII for as long as required. We will keep your personal information:
For any legally required duration.
Until we have no valid reason to keep or use your PII.
Upon your request to eliminate, delete, or modify any of your PII stored with us.
Where you have requested modification or deletion of your PII, we may keep just enough of your personal information to ensure that we comply with your request not to use your personal information or comply with your right to erasure. If you require additional details regarding the retention of your PII, please contact us.
21. Transfer of PII Outside of the EEC
Where your PII is transferred outside of the EEC, this website shall ensure that your PII has an adequate level of protection and that your information is accessible as stated under the Privacy Notice.
22. Sharing of Data with Third Parties
Aside from the uses listed within this Privacy Notice, This website does not share any of your PII with any third parties besides those we hire to assist us in processing your data (Data Processors). All Data Processors have entered into binding agreements with us to ensure that your rights to your PII are respected.
23. Contact Information
Please contact us if you have any questions or require additional information related to our information collection practices.
II. Removing your information
At This website, we value your privacy and your right to access and control your personal information. We have implemented this policy so that you may request the permanent removal of any personal information stored within This website Platform. If you wish to have any of your personal information stored within this website platform removed, please contact us and follow the directions stated in this policy. With each removal request, you must list the information you wish to remove exactly as listed. Please be aware that removal requests are not processed instantaneously. There may be a reasonable delay in processing and removing any information requested. Although we will attempt to remove all of your personal information upon receipt of your removal request, please be aware that This website may have multiple areas where your data is stored. A single removal request may not eliminate your personal information stored within our Platform. Therefore, you may be required to submit multiple requests. If your information repeatedly reappears, please contact us. You may make a removal request by contacting us; please label the first line of the ticket with the following: “Removal Request – Your Full Name and Account Name”.
ADDITIONAL RIGHTS FOR EEC USERS
If you reside in the European Economic Community (EEC) or are an EEC citizen, you are afforded additional rights to your information.
Legal Rights
Your Rights Under the GDPR
The right to be informed
This website wishes to inform you of what we do with your personal information. We strive to be transparent about how we use your data. The right to accessYou have the right to access your information at any time. The right to rectificationIf the information This website holds about you is inaccurate or not complete, you have the right to ask us to rectify it. If that data has been passed to a third party with your consent or for legal reasons, we must also ask them to rectify it. The right to erasureSometimes called ‘the right to be forgotten’. You have the right to request that This website erase all your data. The right to restrict processing: you have the right to ask This website to restrict how we process your data. This means we can store the data but not further process it. We will only keep enough data to ensure that we can accommodate any additional requests. The right to data portability: This website must allow you to port and reuse data across different platforms. This right only applies to the personal data you provided us as a data controller. The right to object: you have the right to object to This website processing your data even if our processing is due to legitimate purposes as described in our Privacy PolicyThe right to withdraw consentIf you have given us your consent to process your data but change your mind later, you have the right to withdraw your consent at any time, and This website must stop processing your data.
If you wish to exercise any of these additional rights regarding your PII, we’d be happy to assist you. Please contact us and label the first line of the message with the following: “Request—Your Full Name and Account Name.”
III. This website Cookies Policy
Last Updated: April 25, 2018 Thank you for visiting This website platform (“Platform”). This website is committed to protecting your personal information and ensuring your experience with us is as safe and as enjoyable as possible. In this section, you’ll find information on how and why we use “cookies” to improve our service and your web experience. You’ll also find out how to manage the information that is collected.
What Are Cookies?
Most websites use cookies to improve your browsing experience. Cookies are small amounts of information in the form of text files sent by websites to your computer, mobile phone or other device when you visit our website. They allow companies to do various things, including tailor the content you see, and ensure the security of your online experience. Cookies cannot be used to run programs or deliver viruses to your computer.
Cookie Types and Their Uses
This website uses cookies to save your preferences. This allows us to assist you in remembering what types of preferences and settings you have created within This website Platform and last time you have visited our Platform. These cookies also allow us to understand how you use our Platform, we use these cookies in an attempt to optimize your user experience. Aside from assisting us in identifying you and remembering your preferences, we may use cookies to assist us in processing transactions. cookies allow us to remember your orders and to assist us in ensuring that transactions are properly processed.
Third Party Cookies
You may have seen references on other websites to “first party cookies” and “third party cookies.” Determining whether or not a cookie is a first or third party cookie depends on which website sets the cookie on your device. First party cookies are set by, or on behalf of, the company whose website you visit. Cookies set by any other company are third party cookies. For example, third party cookies may be used by advertising companies to serve ads when you visit their website. Currently, This website uses first party cookies as identified above. Please be aware that third party cookies may be employed on the Platform for the purposes of advertising.
What If I Don’t Want to Accept Cookies?
You can choose to restrict or block access to cookies set by This website or any other company. You can set your browser to notify you when a web server attempts to write or load a cookie to your computer. This gives you a chance to accept or reject the cookie. Please be aware that rejecting any cookies may render some portions of the Platform inaccessible or otherwise cause the improper functioning of portions of the Platform.
How Can I Control Cookies?
Web Browser Cookies
If you don’t want to receive cookies, you can modify your browser so that you are alerted when any cookies are being placed on your computer. Additionally, you can reject all cookies or you may delete cookies that have already been set. If you wish to restrict or block web browser cookies you may do so via your browser settings. The Help function within your browser should be able to assist you in this matter. Alternatively, you may wish to visit www.aboutcookies.org, which contains comprehensive information regarding the management of cookies on your browser. Aboutcookies.org contains both general information and specific information regarding cookies and their usage.
IV. Privacy Shield Framework
Last Updated: October 24, 2018. This website complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. This website has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program and to view our certification, please visit https://www.privacyshield.gov
1. ACCOUNTABILITY FOR ONWARD TRANSFER
A. Organizations must comply with the Notice and Choice Principles to transfer personal information to a third party acting as a controller. Organizations must also enter into a contract with the third-party controller that provides that such data may only be processed for limited and specified purposes consistent with the consent provided by the individual and that the recipient will provide the same level of protection as the Principles and will notify the organization if it decides that it can no longer meet this obligation. The contract shall provide that when such a determination is made, the third-party controller ceases processing or takes other reasonable and appropriate steps to remediate.
B. To transfer personal data to a third party acting as an agent, organizations must (i) transfer such data only for limited and specified purposes; (ii) ascertain that the agent is obligated to provide at least the same level of privacy protection as is required by the Principles; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the personal information transferred in a manner consistent with the organization’s obligations under the Principles; (iv) require the agent to notify the organization if it decides that it can no longer meet its obligation to provide the same level of protection as is required by the Principles; (v) upon notice, including under (iv), take reasonable and appropriate steps to stop and remediate unauthorized processing; and (vi) provide a summary or a representative copy of the relevant privacy provisions of its contract with that agent to the Department upon request.
2. OVERVIEW
A. While the United States and the European Union share the goal of enhancing privacy protection, the United States takes a different approach to privacy from that of the European Union. The United States uses a sectoral approach that relies on legislation, regulation, and self-regulation. Given those differences and to provide organizations in the United States with a reliable mechanism for personal data transfers to the United States from the European Union while ensuring that EU data subjects continue to benefit from effective safeguards and protection as required by European legislation concerning the processing of their personal data when they have been transferred to non-EU countries, the Department of Commerce is issuing these Privacy Shield Principles, including the Supplemental Principles (collectively “the Principles”) under its statutory authority to foster, promote, and develop international commerce (15 U.S.C. § 1512). The Principles were developed in consultation with the European Commission, industry, and other stakeholders to facilitate trade and commerce between the United States and the European Union. They are intended for use solely by organizations in the United States receiving personal data from the European Union to qualify for the Privacy Shield and thus benefit from the European Commission’s adequacy decision.1 The Principles do not affect the application of national provisions implementing Directive 95/46/EC (“the Directive”) that apply to processing personal data in the Member States. Nor do the Principles limit privacy obligations that otherwise apply under U.S. law.
B. To rely on the Privacy Shield to effectuate transfers of personal data from the EU, an organization must self-certify its adherence to the Principles to the Department of Commerce (or its designee) (“the Department”). While decisions by organizations to thus enter the Privacy Shield are entirely voluntary, effective compliance is compulsory: organizations that self-certify to the Department and publicly declare their commitment to adhere to the Principles must comply fully with the Principles. To enter the Privacy Shield, an organization must (a) be subject to the investigatory and enforcement powers of the Federal Trade Commission (the “FTC”), the Department of Transportation or another statutory body that will effectively ensure compliance with the Principles (other U.S. statutory bodies recognized by the EU may be included as an annexe in the future); (b) publicly declare its commitment to comply with the Principles; (c) publicly disclose its privacy policies in line with these Principles, and (d) fully implement them. An organization’s failure to comply is enforceable under Section 5 of the Federal Trade Commission Act prohibiting unfair and deceptive acts in or affecting commerce (15 U.S.C. § 45(a)) or other laws or regulations prohibiting such acts.
C. The Department of Commerce will maintain and make available an authoritative list of U.S. organizations that have self-certified to the Department and declared their commitment to adhere to the Principles (“the Privacy Shield List”). Privacy Shield benefits are assured from when the Department places the organization on the Privacy Shield List. The Department will remove an organization from the Privacy Shield List if it voluntarily withdraws from the Privacy Shield or fails to complete its annual re-certification to the Department. An organization’s removal from the Privacy Shield List may no longer benefit from the European Commission’s adequacy decision to receive personal information from the EU. The organization must continue to apply the Principles to the personal information it received while it participated in the Privacy Shield and affirm to the Department on an annual basis its commitment to do so for as long as it retains such information; otherwise, the organization must return or delete the information or provide “adequate” protection for the information by another authorized means. The Department will also remove from the Privacy Shield List those organizations that have persistently failed to comply with the Principles; these organizations do not qualify for Privacy Shield benefits and must return or delete the personal information they received under the Privacy Shield.
D. The Department will also maintain and make available an authoritative record of U.S. organizations that had previously self-certified to the Department but have been removed from the Privacy Shield List. The Department will provide a clear warning that these organizations are not participants in the Privacy Shield; that removal from the Privacy Shield List means that such organizations cannot claim to be Privacy Shield compliant and must avoid any statements or misleading practices implying that they participate in the Privacy Shield; and that such organizations are no longer entitled to benefit from the European Commission’s adequacy decision that would enable those organizations to receive personal information from the EU. An organization claiming participation in the Privacy Shield or making other Privacy Shield-related misrepresentations after being removed from the Privacy Shield List may be subject to enforcement action by the FTC, the Department of Transportation, or other enforcement authorities.
E. Adherence to these Principles may be limited: (a) to the extent necessary to meet national security, public interest, or law enforcement requirements; (b) by statute, government regulation, or case law that creates conflicting obligations or explicit authorizations, provided that, in exercising any such authorization, an organization can demonstrate that its non-compliance with the Principles is limited to the extent necessary to meet the overriding legitimate interests furthered by such authorization; or (c) if the effect of the Directive or Member State law is to allow exceptions or derogations, provided such exceptions or derogations are applied in comparable contexts. Consistent with enhancing privacy protection, organizations should strive to implement these principles fully and transparently, including indicating in their privacy policies that exceptions to the principles permitted by (b) above will apply regularly. For the same reason, where the option is allowable under the Principles and/or U.S. law, organizations are expected to opt for higher protection where possible.
F. Organizations must apply the Principles to all personal data transferred in reliance on the Privacy Shield after they enter the Privacy Shield. An organization that chooses to extend Privacy Shield benefits to human resources personal information transferred from the EU for use in the context of an employment relationship must indicate this when it self-certifies to the Department and conforms to the requirements outlined in the Supplemental Principle on Self-Certification.
G. U.S. law will apply to questions of interpretation and compliance with privacy shield organisations' principles and relevant privacy policies, except where such organizations have committed to cooperating with European data protection authorities (“DPAs”). Unless otherwise stated, all provisions of the Principles apply where they are relevant.
H. Definitions:
“Personal data” and “personal information” are data about an identified or identifiable individual that are within the scope of the Directive, received by an organization in the United States from the European Union, and recorded in any form.
“Processing” of personal data means any operation or set of operations which is performed upon personal data, whether or not by automated means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure or dissemination, and erasure or destruction.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of processing personal data.
I. The Principles become effective on the date the European Commission final approves its adequacy determination.
J. Provided that the Commission Decision on the adequacy of the protection provided by the EU-U.S. Privacy Shield applies to Iceland, Liechtenstein and Norway, the Privacy Shield Package will cover both the European Union as well as these three countries. Consequently, references to the EU and its Member States shall include Iceland, Liechtenstein and Norway.
3. RECOURSE, ENFORCEMENT AND LIABILITY
A. Effective privacy protection must include robust mechanisms for assuring compliance with the Principles, recourse for individuals affected by non-compliance with the Principles, and consequences for the organization when the Principles are not followed. At a minimum, such mechanisms must include: i. readily available independent recourse mechanisms by which each individual’s complaints and disputes are investigated and expeditiously resolved at no cost to the individual and by reference to the Principles, and damages awarded where the applicable law or private-sector initiatives so provide; ii. follow-up procedures for verifying that the attestations and assertions organizations make about their privacy practices are true and that privacy practices have been implemented as presented and, in particular, about cases of non-compliance; and iii. obligations to remedy problems arising from failure to comply with the Principles by organizations announcing their adherence to them and the consequences for such organizations. Sanctions must be sufficiently rigorous to ensure compliance by organizations.
B. Organizations and their selected independent recourse mechanisms will respond promptly to inquiries and requests by the Department for information relating to the Privacy Shield. All organizations must respond expeditiously to complaints regarding compliance with the Principles referred by EU Member State authorities through the Department. Organizations that have chosen to cooperate with DPAs, including organizations that process human resources data, must respond directly to such authorities regarding the investigation and resolution of complaints.
C. Organizations are obligated to arbitrate claims and follow the terms as outlined in Annex I, provided that an individual has invoked binding arbitration by delivering notice to the organization at issue and following the procedures, subject to conditions outlined in Annex I.
D. In the context of an onward transfer, a Privacy Shield organization is responsible for processing the personal information it receives under the Privacy Shield and subsequently transfers it to a third party acting as an agent on its behalf. The Privacy Shield organization shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles unless the organization proves that it is not responsible for the event giving rise to the damage.
E. When an organization becomes subject to an FTC or court order based on non-compliance, the organization shall make public any relevant Privacy Shield-related sections of any compliance or assessment report submitted to the FTC to the extent consistent with confidentiality requirements. The Department has established a dedicated point of contact for DPAs for any compliance problems by Privacy Shield organizations. The FTC will prioritise referrals of non-compliance with the Principles from the Department and EU Member State authorities and will promptly exchange information regarding referrals with the referring state authorities, subject to existing confidentiality restrictions. In compliance with the Privacy Shield Principles, This website commits to resolving complaints about our collection or use of your personal information. European Union individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us.
FOR USE, INFORM INDIVIDUALS THAT YOUR ORGANIZATION HAS SELECTED A PRIVATE-SECTOR DISPUTE RESOLUTION PROVIDER.
This website has further committed to refer unresolved Privacy Shield complaints to us via email, an alternative dispute resolution employee in the United States. If you do not receive timely acknowledgement of your complaint, or if we have not resolved your complaint, please contact us for more information or to file a complaint. The services of this website are provided at no cost to you.
FOR USE, INFORM INDIVIDUALS THAT YOUR ORGANIZATION WILL COOPERATE WITH EU DPAS AND/OR THE SWISS FEDERAL DATA PROTECTION AND INFORMATION COMMISSIONER.
This website commits to cooperating with the panel established by the EU data protection authorities (DPAs) and complying with the advice given by the panel about [human resources] data transferred from the EU [in the context of the employment relationship].