- EU-U.S Privacy Shield Framework
- Swiss-US Privacy Shield Framework
- Massachusetts 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth.
- Health Insurance Portability and Accountability Act (HIPAA)
This Policy applies to the processing of Personal Data and Sensitive Data that Data Intensity receives about, and in the course of providing products and services with, its customers.
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.)
Data Intensity has adopted this policy to establish and maintain an adequate level of Personal Data privacy protection. This Policy includes provisions that apply to the processing of Personal Data that Data Intensity obtains from Customers operating in the European Union.
The Federal Trade Commission (FTC) has jurisdiction over Data Intensity’s compliance with the Privacy Shield.
Responsibilities and Management
Data Intensity has designated a Privacy Officer to oversee its Privacy program including compliance with the EU-US and Swiss-US Privacy Shield programs. The Privacy Officer shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to email@example.com.
Data Intensity will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it processes. Data Intensity personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that Data Intensity has undertaken to protect Personal Data.
Data Intensity will renew its EU-US and Swiss-US Privacy Shield certifications 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, Data Intensity will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of Individual Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, Data Intensity will undertake the following:
- Ensure that this Policy continues to comply with the Privacy Shield principles
- Confirm that Individuals are made aware of the process for addressing complaints and any independent dispute resolution process (Data Intensity may do so through its publicly posted website, Individual Customer contract, or both)
- Review its processes and procedures for training Employees about Data Intensity’s participation in the Privacy Shield programs and the appropriate handling of Individual’s Personal Data
Data Intensity will prepare an internal verification statement on an annual basis.
Collection and Use of Personal Data
Data Intensity provides various solutions to its Customers who purchase its products or services. Data Intensity collects Personal Data from Individual Customers when they purchase its products, register with our website, log-in to their account, complete surveys, request information or otherwise communicate with us.
The Personal Data that we collect may vary based on the Individual Customer’s interaction with our website and request for our services. As a general matter, Data Intensity collects the following types of Personal Data from its Individual Customers: contact information, including, a contact person’s name, work email address, work mailing address, work telephone number, title, and company name. Individual customers have the option to log into their accounts online and to request service online or over the phone, we will collect information that they choose to provide to us through these portals.
When Individual Customers use our services online, we will 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.
The information that we collect from Individual Customers is used for selling the products and services they buy from us, managing transactions, reporting, invoicing, renewals, other operations related to providing services and products to the Individual Customer.
For certain products, Data Intensity serves as a service provider. In our capacity as a service provider, we will receive, store, and/or process Personal Data. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of our partners and/or agents. The information that we collect from our Individual Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Individual Customer, and as otherwise requested by our partner and/or agent.
Data Intensity uses Personal Data that it collects directly from its Individual Customers and for its partners indirectly in its role as a service provider for the following business purposes, without limitation:
- maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to an Individual Customer);
- satisfying governmental reporting, tax, and other requirements (e.g., import/export);
- storing and processing data, including Personal Data, in computer databases and servers located in the United States;
- verifying identity (e.g., for online access to accounts);
- as requested by the Individual Customer;
- for other business-related purposes permitted or required under applicable local law and regulation;
- and as otherwise required by law.
Disclosures/Onward Transfers of Personal Data
Except as otherwise provided herein, Data Intensity discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
Data Intensity 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, Data Intensity 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 Data Intensity and they must either:
- comply with the Privacy Shield principles or another mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of Personal Data;
- or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy;
Data Intensity also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that Data Intensity may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. Data Intensity is liable for appropriate onward transfers of personal data to third parties.
In the event these providers may have access to personal or sensitive data of residents of the Commonwealth of Massachusetts, these Third Parties must be capable of maintaining security measures consistent with Massachusetts 201 CMR 17.
Any Third Party that may have access to Personal Health Information that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions for customers are required to sign a Business Associate Agreements in compliance with the Health Insurance Portability and Accountability Act.
Data Integrity and Security
Data Intensity uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. Data Intensity 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 Data Intensity’s electronic information systems requires user authentication via password or similar means. Data Intensity also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data.
Further, Data Intensity 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.
Data Intensity provides an annual transparency report detailing the number of requests or orders from governments and courts for access to customer data. When a request is received, Data Intensity reviews it thoroughly and only provide information within the scope and authority of the request. Data Intensity also ensures that the request follows company policies and applicable law. To view the Data Intensity Transparency Report go to: http://www.dataintensity.com/transparency-report.
Accessing Personal Data
Data Intensity 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.
Right to Access, Change, or Delete Personal Data
Right to Access. Individual Customers 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 Data Intensity collected it. Individual Customers 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 and Data Intensity policies. Upon reasonable request and as required by the Privacy Shield principles, Data Intensity allows Individual Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Individual Customers may edit their Personal Data by logging into their account profile or by contacting Data Intensity by phone or email.
In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Individual Customers should submit a written request to the Data Intensity Corporate Headquarters.
Requests for Personal Data. Data Intensity 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 Data Intensity receives a request for access to his/her Personal Data from an Individual Customer, then, unless otherwise required under law or by contract with such Individual Customer, Data Intensity will refer such Data Subject to the Individual Customer.
Satisfying Requests for Access, Modifications, and Corrections. Data Intensity will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
You may also update your Personal Information tied to a personal Data Intensity account by using our self-service tool or upon request by contacting your Technical Account Manager or emailing firstname.lastname@example.org. If you should become aware that your Personal Information with Data Intensity is not complete and accurate, you should promptly update or notify us to update your information.
Questions or Complaints
Enforcement and Dispute Resolution
If a Customer’s question or concern cannot be satisfied through this process Data Intensity has further committed to refer unresolved privacy complaints under EU-US and Swiss-US Privacy Shield requirements to an EU Data Protection Authority or Swiss Federal Data Protection and Information Commissioner (FDPIC). Data Intensity is registered with the United Kingdom Information Commissioner’s Office (UK ICO).
If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by Data Intensity, EU individuals may bring a complaint before the UK ICO. Information about how to file a complaint before the UK ICO program can be found at: https://ico.org.uk/for-the-public/raising-concerns/. Finally, as a last resort and in limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
Data Intensity commits to cooperate with EU data protection authorities (DPAs) and Swiss Federal Data Protection and Information Commissioner (FDPIC) to comply with the advice given by such authorities regarding human resources data transferred from the EU in the context of the employment relationship.
If a Customer’s question or concern cannot be satisfied through this process and the customer is a resident of the Commonwealth of Massachusetts, the customer should direct complaints to the Consumer Affairs and Business Regulation office, details of which can be found at: http://www.mass.gov/ocabr/
Third Party Sites
Some of our services are provided through sites that bear our partners’ or suppliers’ names and trademarks and are not in our control, and this website may contain links or other devices that take you to other websites that are also not in our control. Certain of those other websites may provide products or services to you directly or on our behalf. Data Intensity is not responsible for any aspect of other websites, including, without limitation, the privacy practices, products, services, or content of such websites. This Privacy Notice will not apply to such other websites. Rather, your activity and the information that you provide at such other websites will be subject to the Privacy Notice and other terms and conditions posted at such other websites.
Failure for Data Intensity as an organization to adhere to the privacy principles may result in regulatory findings, suspension and removal of Privacy Shield, publicity for findings of non-compliance and damages awarded where prudent to the affected data subject(s). In addition, the data subject may require the affected data to be deleted and appropriate evidence provided.
“Individual Customer” means an Individual customer or client of Data Intensity from EU or Switzerland. The term also shall include any individual agent, representative, of an individual customer of Data Intensity and all employee of Data Intensity where Data Intensity has obtained his or her Personal Data from such Individual Customer as part of its business relationship with Data Intensity.
“Data Subject” means 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 Data Intensity 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 Union.
“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 Data Intensity nor a Data Intensity employee, agent, contractor, or representative.
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.