ITN International Privacy Shield Policy
ITN International Inc. ("ITN") has adopted this Privacy Shield Policy ("Policy") to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that ITN obtains from Customers located in the European Union and Switzerland.
The Federal Trade Commission (FTC) has jurisdiction over ITN's compliance with the Privacy Shield.
All ITN employees who handle Personal Data from Europe and Switzerland are required to comply with the Principles stated in this Policy.
Capitalized terms are defined in Section 14 of this Policy.
I. SCOPEThis Policy applies to the processing of Individual Customer Personal Data that ITN receives in the United States concerning Individual Customers who reside in the European Union and Switzerland. ITN provides products and services to businesses and consumers.
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 MANAGEMENTITN has designated the Legal Department to oversee its information security program, including its compliance with the EU Privacy Shield program and Swiss Safe Harbor. The Legal Department 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 firstname.lastname@example.org.
ITN will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. ITN personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that ITN has undertaken to protect Personal Data.
III. RENEWAL / VERIFICATIONITN will renew its EU Privacy Shield and US Swiss Safe Harbor 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, ITN will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of Individual Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, ITN will undertake the following:
Ensure that this Policy continues to comply with the Privacy Shield and the Swiss Safe Harbor principles
Confirm that Individual Customers are made aware of the process for addressing complaints and any independent dispute resolution process (ITN may do so through its publicly posted website, Individual Customer contract, or both)
Review its processes and procedures for training Employees about ITN's participation in the Privacy Shield and Swiss Safe Harbor programs and the appropriate handling of Individual's Personal Data
ITN will prepare an internal verification statement on an annual basis.
IV. COLLECTION AND USE OF PERSONAL DATAITN provides various solutions to its Individual Customers who purchase its products. ITN collects Personal Data from Individual Customers when they purchase its products, register with our website(s), log-in to their account, complete surveys, request information or otherwise communicate with us. For example, ITN individual customers may choose to seek live support or post to a message board.
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, ITN 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, as well as payment information (which might include credit card and/or bank account information). Individual customers have the option to log into their accounts online and to request service online, including through a live support option; 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 or buy from an ITN client for whom ITN is hosting a website, managing transactions, reporting, invoicing, renewals, other operations related to providing services and products to the Individual Customer.
For certain products, ITN 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.
ITN 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 a 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.
V. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATAExcept as otherwise provided herein, ITN 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.
ITN 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, ITN 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 ITN 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; ITN 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 ITN 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. ITN is liable for appropriate onward transfers of personal data to third parties.
VI. SENSITIVE DATAITN does not collect Sensitive Data from its Individual Customers.
VII. DATA INTEGRITY AND SECURITYITN uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. ITN 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 ITN's electronic information systems requires user authentication via password or similar means. ITN also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data.
Further, ITN 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 DATAITN 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 DATARight 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 ITN 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 ITN policies. Upon reasonable request and as required by the Privacy Shield principles, ITN 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 ITN 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 local ITN office.
Requests for Personal Data. ITN 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 ITN 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, ITN will refer such Data Subject to the Individual Customer.
Satisfying Requests for Access, Modifications, and Corrections. ITN will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
XI. CHANGES TO THIS POLICYThis 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 COMPLAINTSEU Individual customers may contact ITN with questions or complaints concerning this Policy at the following address:
XIII. ENFORCEMENT AND DISPUTE RESOLUTIONIn compliance with the US-EU Privacy Shield Principles, ITN commits to resolve complaints about your privacy and our collection or use of your personal information. EU individuals with questions or concerns about the use of their Personal Data should contact us at: email@example.com.
If a Customer's question or concern cannot be satisfied through this process ITN has further committed to refer unresolved privacy complaints under US-EU Privacy Shield to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus.
If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by ITN, EU individuals may bring a complaint before the BBB EU Online Privacy Shield. Information about how to file a complaint before the BBB EU Privacy Shield program can be found at: www.bbb.org/EU-privacy-shield/for-eu-consumers/. Finally, as a last resort and in limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
ITN commits to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.
In compliance with the US Swiss Safe Harbor Principles, ITN commits to resolve complaints about your privacy and our collection or use of your personal information. Swiss individuals with a question or concern about the use of their Personal Data should contact us at: firstname.lastname@example.org
If a Customer's question or concern cannot be satisfied through this process ITN has further committed to refer unresolved privacy complaints under the US-Swiss Safe Harbor to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus.
If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed please visit: http://www.bbb.org/EU-privacy-shield/bbb-eu-safe-harbor-dispute-resolution/ for more information and to file a complaint.
"Individual Customer" means an Individual customer or client of ITN from EU or Switzerland. The term also shall include any individual agent, representative, of an individual customer of ITN and all employee of ITN where ITN has obtained his or her Personal Data from such Individual Customer as part of its business relationship with ITN.
"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 ITN 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 ITN nor an ITN employee, agent, contractor, or representative.
Version 1 - August 12, 2016