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The Database Centre, known as The Data Center in the United States (together "TDBC," "we," "our," and "us"), the U.S. member firm, complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce. The Database Centre has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit Definitions "Data Subject" means the individual to whom any given Personal Data covered by this Data Privacy Framework refers. "Personal Data" means any information relating to an individual residing in the European Union that can be used to identify that individual either on its own or in combination with other readily available data. "Sensitive Personal Data" means Personal Data regarding an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, physical or mental health, or sexual life. Scope and Responsibility This Data Privacy Framework applies to Personal Data transferred from European Union member countries and the United Kingdom to TDBC's operations in the U.S. in reliance on the DPF framework and does not apply to Personal Data transferred under Standard Contractual Clauses or any approved derogation from the EU Directive. Some types of Personal Data may be subject to other privacy-related requirements and policies. For example: Personal Data regarding and/or received from a client is also subject to any specific agreement with, or notice to, the client, as well as additional applicable laws and professional standards. All employees of TDBC that have access in the U.S. to Personal Data covered by this Data Privacy Framework are responsible for conducting themselves in accordance with this Data Privacy Framework. Adherence by TDBC to this Data Privacy Framework may be limited to the extent required to meet legal, regulatory, governmental, or national security obligations, but Personal Data covered by this Data Privacy Framework shall not be collected, used, or disclosed in a manner contrary to this policy without the prior written permission of TDBC's Chief Privacy Officer. TDBC employees responsible for engaging third parties to which Personal Data covered by this Data Privacy Framework will be transferred are responsible for obtaining appropriate assurances that such third parties have an obligation to conduct themselves in accordance with the applicable provisions of this DPF Principles, including any applicable contractual assurances required by DPF. DPF Principles TDBC commits to subject to the DPFs' Principles all Personal Data received by TDBC in the U.S. from European Union member countries and the United Kingdom in reliance on the respective DPF framework. 1. Notice TDBC notifies Data Subjects covered by this Choice Data Privacy Framework about its data practices regarding Personal Data received by TDBC in the U.S. from European Union member countries and the United Kingdom in reliance on the respective DPF framework, including the types of Personal Data it collects about them, the purposes for which it collects and uses such Personal Data, the types of third parties to which it discloses such Personal Data and the purposes for which it does so, the rights of Data Subjects to access their Personal Data, the choices and means that TDBC offers for limiting its use and disclosure of such Personal Data, how TDBC's obligations under the DPF are enforced, and how Data Subjects can contact TDBC with any inquiries or complaints. 2. Choice If Personal Data covered by this Data Privacy Framework is to be used for a new purpose that is materially different from that for which the Personal Data was originally collected or subsequently authorized, or is to be disclosed to a non-agent third party, TDBC will provide Data Subjects with an opportunity to choose whether to have their Personal Data so used or disclosed. Requests to opt out of such uses or disclosures of Personal Data should be sent to: privacy@tdbc.com If Sensitive Personal Data covered by this Data Privacy Framework is to be used for a new purpose that is different from that for which the Personal Data was originally collected or subsequently authorized, or is to be disclosed to a third party, TDBC will obtain the Data Subject's explicit consent prior to such use or disclosure. 3. Accountability for Onward Transfer In the event we transfer Personal Data covered by this Data Privacy Framework to a third party acting as a controller, we will do so consistent with any notice provided to Data Subjects and any consent they have given, and only if the third party has given us contractual assurances that it will (i) process the Personal Data for limited and specified purposes consistent with any consent provided by the Data Subjects; (ii) provide at least the same level of protection as is required by the DPF Principles and notify us if it makes a determination that it cannot do so; and (iii) cease processing of the Personal Data or take other reasonable and appropriate steps to remediate if it makes such a determination. If TDBC has knowledge that a third party acting as a controller is processing Personal Data covered by this Data Privacy Framework in a way that is contrary to the DPF Principles, TDBC will take reasonable steps to prevent or stop such processing. With respect to our agents, we will transfer only the Personal Data covered by this Data Privacy Framework needed for an agent to deliver to TDBC the requested product or service. Furthermore, we will (i) permit the agent to process such Personal Data only for limited and specified purposes; (ii) require the agent to provide at least the same level of privacy protection as is required by the DPF Principles; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the Personal Data transferred in a manner consistent with TDBC's obligations under the DPF Principles; and (iv) require the agent to notify TDBC if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the DPF Principles. Upon receiving notice from an agent that it can no longer meet its obligation to provide the same level of protection as is required by the DPF Principles, we will take reasonable and appropriate steps to stop and remediate unauthorized processing. TDBC remains liable under the DPF Principles if an agent processes Personal Data covered by this Data Privacy Framework in a manner inconsistent with the Principles, except where TDBC is not responsible for the event giving rise to the damage. We may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. 4. Security TDBC takes reasonable and appropriate measures to protect Personal Data covered by this Data Privacy Framework from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into due account the risks involved in the processing and the nature of the Personal Data. 5. Data Integrity and Purpose Limitation TDBC limits the collection of Personal Data covered by this Data Privacy Framework to information that is relevant for the purposes of processing. TDBC does not process such Personal Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the Data Subject. TDBC takes reasonable steps to ensure that such Personal Data is reliable for its intended use, accurate, complete, and current. TDBC takes reasonable and appropriate measures to comply with the requirement under the DPF to retain Personal Data in identifiable form only for as long as it serves a purpose of processing, which includes TDBC's obligations to comply with professional standards, TDBC's business purposes and unless a longer retention period is permitted by law, and it adheres to the DPF Principles for as long as it retains such Personal Data. 6. Access Data Subjects whose Personal Data is covered by this Data Privacy Framework have the right to access such Personal Data and to correct, amend, or delete such Personal Data if it is inaccurate or has been processed in violation of the DPF Principles (except when the burden or expense of providing access, correction, amendment, or deletion would be disproportionate to the risks to the Data Subject's privacy, or where the rights of persons other than the Data Subject would be violated). Requests for access, correction, amendment, or deletion should be sent to: privacy@tdbc.com 7. Recourse, Enforcement, and Liability TDBC's participation in the EU-U.S. DPF Framework is subject to investigation and enforcement by the Federal Trade Commission. In compliance with the DPF Principles, TDBC commits to resolve complaints about your privacy and our collection or use of your Personal Data. Data Subjects with inquiries or complaints regarding this Data Privacy Framework should first contact TDBC at: privacy@tdbc.com In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF , TDBC commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF to ANA DPF Dispute Resolution, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit ANA DPF Dispute Resolution for more information or to file a complaint. The services of ANA DPF Dispute Resolution (https://www.ana.net/content/show/id/accountability-dpf-consumers) are provided at no cost to you. Under certain conditions detailed in the DPF, Data Subjects may be able to invoke binding arbitration before the DPF Panel to be created by the U.S. Department of Commerce and the European Commission. TDBC agrees to periodically review and verify its compliance with the DPF Principles, and to remedy any issues arising out of failure to comply with the DPF Principles. TDBC acknowledges that its failure to provide an annual self-certification to the U.S. Department of Commerce will remove it from the Department's list of DPF participants. Changes to this Data Privacy Framework This Data Privacy Framework may be amended from time to time, consistent with the requirements of the DPF. Appropriate notice regarding such amendments will be given. |
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