The United States Department of Commerce and the European Commission have agreed on a set of data protection principles (the “U.S.-EU Safe Harbor Principles”) and frequently asked questions (collectively the “U.S.-EU Safe Harbor Framework”) to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. The EEA also has recognized the U.S. Safe Harbor as providing adequate data protection. The United States Department of Commerce and the Federal Data Protection and Information Commissioner of Switzerland have agreed on a similar set of data protection principles (the “U.S.-Swiss Safe Harbor Principles”) and frequently asked questions (collectively the “U.S.-Swiss Safe Harbor Framework”) to enable U.S. companies to satisfy the requirement under Swiss law that adequate protection be given to personal information transferred from Switzerland to the United States. Consistent with its commitment to protect personal privacy, Emergenetics International adheres to the U.S.-EU and U.S.-Swiss Safe Harbor Principles (hereinafter “Safe Harbor Principles”).
To learn more about the Safe Harbor program, and to view Emergenetics International’s certification, please visit www.export.gov/safeharbor/.
For purposes of this Policy, the following definitions shall apply:
“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, Emergenetics International or to which Emergenetics International discloses personal information for use on Emergenetics International’s behalf.
“Emergenetics International” means Emergenetics, LLC, its successors, subsidiaries, divisions and groups in the United States.
“Personal information” means any information or set of information that identifies or is used by or on behalf of Emergenetics International to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.
“Sensitive personal information” means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. In addition, Emergenetics International will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
The privacy principles in this Policy are based on the Safe Harbor Principles.
NOTICE: Where Emergenetics International collects personal information directly from individuals in the EEA, it will inform them about the purposes for which it collects and uses personal information about them and the choices and means, if any, Emergenetics International offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Emergenetics International, or as soon as practicable thereafter, and in any event before Emergenetics International uses or discloses the information for a purpose other than that for which it was originally collected or discloses information to a non-agent third party.
Where Emergenetics International receives personal information from its subsidiaries, affiliates or other entities in the EEA, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.
CHOICE: For personal information, Emergenetics International will offer individuals the opportunity to choose (opt-in) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
For sensitive personal information, Emergenetics International will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
Emergenetics International will provide individuals with reasonable mechanisms to exercise their choices.
DATA INTEGRITY: Emergenetics International will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Emergenetics International will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current. We will only collect and store personal information that is relevant to fulfill the purpose of the request and will retain such information no longer than appropriate to fulfill the purpose of the request.
TRANSFERS TO AGENTS: Emergenetics International will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the agent, or being subject to another European Commission adequacy finding (e.g., companies located in Canada). Where Emergenetics International has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Emergenetics International will take reasonable steps to prevent or stop the use or disclosure.
ACCESS AND CORRECTION: Upon request, Emergenetics International will grant individuals reasonable access to personal information that it holds about them. In addition, Emergenetics International will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
SECURITY: Emergenetics International will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
ENFORCEMENT: Emergenetics International will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Emergenetics International determines intentionally violates this policy will be subject to disciplinary action up to and including termination of employment.
DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of personal information should be directed to Emergenetics International at the address given below. Emergenetics International will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy.
For complaints that cannot be resolved between Emergenetics International and the complainant, Emergenetics International agrees to participate in the dispute resolution procedures of the panel established by the European Union data protection authorities (DPAs) to resolve disputes pursuant to the Safe Harbor Privacy Principles, and to cooperate and comply with the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland.
The EU DPA panel may be contacted at firstname.lastname@example.org and the EU DPAs may be contacted directly via the information provided at http://ec.europa.eu/justice/data-protection/ bodies/authorities/eu/index_en.htm. The contact information for the Swiss FDPIC can be found at: http://www.edoeb.admin.ch/kontakt/index.html?lang=en.
LIMITATIONS ON APPLICATION OF PRINCIPLES
Adherence by Emergenetics International to these Safe Harbor Principles may be limited (a) to the extent required or permitted by law or legal process, such as to respond to or investigate a legal or ethical obligation or request or pursuant to court orders, subpoenas, interrogatories or similar directive carrying the force of law; and (b) to the extent expressly permitted by an applicable law, rule or regulation.
Questions or comments regarding this Policy should be submitted to the Emergenetics International Office by mail as follows:
2 Inverness Dr East, #189
Centennial, CO 80112
Or by email to email@example.com