EU – U.S. Privacy Shield Policy
DecisionWise, LLC (“DecisionWise”) has adopted this EU – U.S. Privacy Shield Policy (this “Policy“) to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that DecisionWise obtains from its Customers.
DecisionWise complies with the EU – U.S. Privacy Shield Framework (“Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. DecisionWise has certified that it adheres to the Privacy Shield Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.
All DecisionWise employees who handle Personal Data from Europe are required to comply with the Principles stated in this Policy.
DecisionWise’s Customers are organizations with employees. DecisionWise surveys its Customers’ employees and provides aggregated, anonymized data to its Customers.
Capitalized terms are defined in Section 14 of this Policy.
This Policy applies to the processing of Customer Personal Data that DecisionWise receives in the United States concerning Customers who reside in Europe. DecisionWise collects survey data to help organizations improve their systems, people, interactions, culture, and processes.
This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)
II. RESPONSIBILITIES AND MANAGEMENT
DecisionWise has designated an internal team to oversee its information security program, including its compliance with the Privacy Shield program. The internal team shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy may be directed to firstname.lastname@example.org. The most recent review of these policies took place on January 19, 2018.
DecisionWise will maintain, monitor, test, and upgrade its information security policies, practices, and systems to assist in protecting the Personal Data that it collects. DecisionWise personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that DecisionWise has undertaken to protect Personal Data.
III. RENEWAL / VERIFICATION
DecisionWise will renew its Privacy Shield certification annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.
Prior to the re-certification, DecisionWise will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, DecisionWise will undertake the following:
- Ensure that this Policy continues to comply with the Privacy Shield principles
- Confirm that Customers are made aware of the process for addressing complaints and any independent dispute resolution process (DecisionWise may do so through its publicly posted website, Customer contract, or both)
- Review its processes and procedures for training Employees about DecisionWise’s participation in the Privacy Shield program and the appropriate handling of Customer Personal Data
The most recent review took place on January 19, 2018.
IV. COLLECTION AND USE OF PERSONAL DATA
DecisionWise collects Personal Data from Customers when they administer a survey on behalf of a Customer, when a Customer logs-in to their account, requests information from us, or otherwise communicates with us.
The Personal Data that we collect may vary based on the Customer’s interaction with our website and other requests for our services. As a general matter, DecisionWise collects the following types of Personal Data from its Customers: contact information, including, a contact person’s name, work email address, work mailing address, work telephone number, title, and company name. We also collect responses to survey questions.
When a Customer or its employees use our services online, we may collect their IP address and browser type. We may associate IP address and browser type with a specific customer. We also may collect Personal Data from persons who contact us through our website to request additional information; in such a situation, we would collect contact information (as discussed above) and any other information that the person chooses to submit through our website.
DecisionWise is a service provider to its Customers. In our capacity as a service provider, we will receive, store, and/or process Personal Data owned and/or controlled by our Customers, including information about the Customer’s employees, agents, or other individuals. In such cases, we will process the Personal Data on behalf of and under the direction of each Customer pursuant to a written contract with the Customer. The information that we collect from our Customers in this capacity is used for preparing reports, managing transactions, invoicing, renewals, and other operations related to providing services to the Customer, and as otherwise requested by the Customer.
DecisionWise uses Personal Data that it collects directly from its Customers indirectly in its role as a service provider for the following business purposes, without limitation: (1) to gather and process survey feedback from its Customers’ employees, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to a Customer); (2) satisfying governmental reporting, tax, and other requirements (e.g., import/export); (3) storing and processing data, including Personal Data, in computer databases and servers located in the United States; (4) verifying identity (e.g., for online access to accounts); (5) as requested by the Customer; (6) for other business-related purposes permitted or required under applicable local law and regulation; and (7) as otherwise required by law.
V. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided herein, DecisionWise discloses Personal Data only to Third Parties who reasonably need to know such data. Such recipients must agree to abide by confidentiality obligations. Examples of Third Parties that may receive personal information include analysts or consultants that have been contracted on behalf of a Customer and will only be provided with advance written notice. All Third Parties receiving personal information must have a written confidentiality agreement in place between Customer and Third Party and DecisionWise and Third Party that meets or exceeds Privacy Shield standards.
DecisionWise may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, DecisionWise may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by DecisionWise and they must either: (1) comply with the Privacy Shield principles or another mechanism permitted by the applicable European data protection law(s) for transfers and processing of Personal Data; or (2) agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy. DecisionWise also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure.
DecisionWise may be forced to disclose an individual’s personal information when compelled by a request made by a recognized public authority or where required to meet national security and or law enforcement requirements.
In cases of onward transfer to third parties of data of EU individuals received pursuant to the Privacy Shield, DecisionWise is potentially liable. DecisionWise’s liability under this Policy will be governed by the contract in place between Customer and DecisionWise.
VI. SENSITIVE DATA
Sensitive Data may be provided by the Customer (your employer) to DecisionWise. In addition, DecisionWise may ask a question on a survey that might be considered Sensitive Data. Any person taking a survey may refuse to answer any or all questions. By answering a survey question, a survey respondent is agreeing to the use of the data being provided as a response to the question.
VII. DATA INTEGRITY AND SECURITY
DecisionWise uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. DecisionWise has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to DecisionWise’s electronic information systems requires user authentication via password or similar means. DecisionWise also employs access restrictions, limiting the scope of employees who have access to Customer Personal Data. Further, DecisionWise uses secure encryption technology to protect certain categories of personal data.
Despite these precautions, no data security safeguards guarantee 100% security all of the time.
IX. ACCESSING PERSONAL DATA
DecisionWise personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
X. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
A Customer’s employees have the right to access their data at any time. Data subjects have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which DecisionWise collected the Personal Data. Data Subjects may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law. Upon reasonable request and as required by the Privacy Shield principles, DecisionWise allows Customer’s employees access to their Personal Data, in order to correct or amend such data where inaccurate.
Anonymous aggregated survey responses are used for DecisionWise’s ongoing research, analysis, benchmarking, and trending purposes, and such information may be retained indefinitely (“Benchmarking Information”). Information that would identify a participant within the Benchmarking Information is not retained, identified, and is never disclosed to anyone.
Customers and/or their employees may edit their Personal Data by making a written request at email@example.com. Requests submitted to firstname.lastname@example.org will receive a response within forty-five (45) days. In making modification requests to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Customers should submit a written request to email@example.com.
DecisionWise will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject.
If DecisionWise receives a request for access to his/her Personal Data from a Customer’s customer, then, unless otherwise required under law or by contract with such Customer, DecisionWise will refer such Data Subject to Customer.
DecisionWise will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
You may request limitations on the use of your personal data specified in this Policy by contacting us at firstname.lastname@example.org.
XI. CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make employees available of changes to this policy either by posting to our intranet, through email, or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
XII. QUESTIONS OR COMPLAINTS
Customers may contact DecisionWise with questions or complaints concerning this Policy at the following address email@example.com.
XIII. ENFORCEMENT AND DISPUTE RESOLUTION
In compliance with the Privacy Shield Principles, DecisionWise commits to resolve complaints about our collection or use of Personal Data. Individuals in the European Union with inquiries or complaints regarding our Privacy Shield policy should first contact firstname.lastname@example.org. You will receive a response within 45 days of receipt.
For any complaints that cannot be resolved with DecisionWise directly, DecisionWise will comply with the information and advice provided to it by an informal panel of EU data protection authorities (DPA) in relation to such unresolved complaints (as further described in the Privacy Shield Principles). Please contact us to be directed to the relevant DPA contacts. As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means. Dispute resolutions services are provided at no cost to you.
As part of this Policy, DecisionWise subjects itself to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
Capitalized terms in this Policy have the following meanings:
“Customer” means a prospective, current, or former partner (distributor or reseller), vendor, supplier, customer, or client of DecisionWise. The term also shall include any individual agent, employee, representative, customer, or client of a DecisionWise Customer where DecisionWise has obtained his or her Personal Data from such Customer as part of its business relationship with the Customer.
“Data Subject” means an employee of a Customer or an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.
“Employee” means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of DecisionWise or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.
“Europe” or “European” refers to a country in the European Economic Area.
“Personal Data” as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term “person” includes both a natural person and a legal entity, regardless of the form of the legal entity.
“Sensitive Data” means Personal Data that discloses a Data Subject’s medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
“Third Party” means any individual or entity that is neither DecisionWise nor an DecisionWise employee, agent, contractor, or representative.