PRIVACY SHIELD POLICY
The terms set forth in this Privacy Shield Policy portion of the Agreement (“Privacy Shield Policy”) extend to Altep, Inc., an Advanced Discovery Company’s (“Altep”) collection, use and retention of Personal Data transferred from European Union member countries and Switzerland to the United States (“EU and Swiss Personal Data”) and supplements the terms set forth elsewhere in the Terms and Conditions with respect to such EU and Swiss Personal Data. The Federal Trade Commission has jurisdiction and enforcement authority over Altep’s compliance with this Privacy Shield Policy, the EU-U.S. Privacy Shield Framework, and the Swiss-U.S. Privacy Shield Framework. This Privacy Shield Policy also applies to Altep’s holding company, Advanced Discovery Inc..
Compliance with EU-US Privacy Shield and Swiss-U.S. Privacy Shield Frameworks
Altep complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union and Switzerland to the United States, respectively. Altep 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 Shield Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. Altep, in reliance on the Privacy Shield, commits to subject all EU and Swiss Personal Data to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov. The Privacy Shield List is available at https://www.privacyshield.gov/list.
Inquiries and Complaints (US-EU Privacy Shield and Swiss-U.S. Privacy Shield)
Altep has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This body is based in the US and is designated to address complaints and provide appropriate recourse free of charge to affected individuals.
You may have the option to select binding arbitration before a Privacy Shield Panel for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your compliant directly with us and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you.
FOR HUMAN RESOURCES DATA ONLY
EU and Swiss individuals whose HR data we receive can address questions or comments regarding the handling of that information directly to us at the same contact listed above. We resolve to deal with all questions regarding this data and potential grievances arising from it in a timely manner. Note that under certain conditions we may, as a data processor, have to refer you to our client who is the data controller.
In the event Altep is unable to accommodate the EU individual’s request regarding HR data received by us within the context of the work relationship, we further commit to working with the Data Protection Authorities (DPA’s) who cover the jurisdiction the data originated from. For information on how to contact your jurisdiction’s DPA, visit http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm
In the event we are unable to accommodate a Swiss individual’s request regarding HR data received by us within the context of the work relationship, we further commit to working with the Swiss Federal Data Protection and Information Commissioner (FDPIC) who covers the jurisdiction the data originated from. For information on how to contact your jurisdiction’s Commissioner, visit https://www.edoeb.admin.ch/index.html?lang=en
EU and Swiss Personal Data Collection, Use, and Disclosure
The EU and Swiss Personal Data we receive may include, but is not limited to, your email address, name, phone number, postal address, and other information. We will only process EU and Swiss Personal Data in ways that are compatible with the purpose for which we collected it, or for purposes the individual later authorizes. We process sensitive EU and Swiss Personal Data for the following purposes: forensic collections, eDiscovery processing, hosting, review, and traditional litigation support services. When we collect sensitive EU and/or Swiss Personal Data, we will obtain your opt-in consent where the Privacy Shield requires, including if we disclose your sensitive EU and/or Swiss Personal Data to non-agent third parties, or before we use your sensitive EU and/or Swiss Personal Data for a different purpose than we collected it for or than you later authorized.
Altep acknowledges that EU and Swiss individuals have the right to access their Personal Data that we maintain about them. Altep will also provide an individual opt-out choice before we share their Personal Data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate EU or Swiss Personal Data, or who wishes to limit the use and disclosure of their Personal Data, should direct their query
Altep limits disclosure of Personal Data to employees and other trusted third party business advisory and expert services firms that provide bibliographic coding, human/machine language translation, backup tape restoration, forensic collections/analysis, traditional litigation support, contract attorney review services and quality control services in whole or in part, on our behalf and who have a specific business purpose for collecting, maintaining, processing and reviewing such Personal Data. Where required by the Privacy Shield Policies, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield Policies require and limiting their use of the EU and/or Swiss Personal Data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process EU and/or Swiss Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of EU and Swiss Personal Data that we transfer to them.
Compliance with Law Enforcement
Altep may be required to disclose EU-Swiss Personal Data in response to a lawful request by public authorities, including the need to meet national security or law enforcement requirements.