SHC Privacy Shield Policy
SurveyHealthcare (SHC) 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 SHC obtains from its Customers.
SHC complies with the EU-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union to the United States, respectively. SHC has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement and liability.
To learn more about the Privacy Shield program, and to view our certification page, please visit: https://www.privacyshield.gov/
Capitalized terms are defined in Section XV of this Policy
This Policy applies to the processing of SHC Customer Personal Data that SHC transfers to and stores in the United States.
Were committed to helping you understand how we manage and protect the information we collect. We take privacy seriously, and have taken many steps to help safeguard the information we collect from you.
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
SHC has designated the Privacy Department to oversee its information security program, including its compliance with the Privacy Shield program. The Privacy 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 email@example.com
SHC will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. SHC personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section VI for a discussion of the steps that SHC has undertaken to protect Personal Data.
III. RENEWAL / VERIFICATION
SHC 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, SHC 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, SHC will undertake the following:
- Review this Policy to ensure that it accurately describe the practices regarding the collection of Customer Personal Data.
- Ensure that this Policy informs Customers of SHC’s participation in the Privacy Shield program and where to obtain a copy of additional information (e.g., a copy of this Policy).
- Ensure that this Policy continues to comply with the Privacy Shield principles.
- Review its processes and procedures for training Employees about SHC’s participation in the Privacy Shield program and the appropriate handling of Customer Personal Data.
SHC will prepare an internal verification statement on an annual basis.
IV. COLLECTION AND USE OF PERSONAL DATA
SHC provides research solutions to its Customers, which are predominantly business customers, although individuals are not restricted from purchasing such products nor supplying SHC with research support services. SHC collects Personal Data from Customers when they purchase our products, supply research support services, register with our website, request information from us, or otherwise communicate with us. For example, SHC Customers may choose to seek support via email communication.
The Personal Data that we collect may vary based on the Customers interaction with SHC. As a general matter, SHC collects the following types of Personal Data from its Customers: contact information, including, a contact persons name, work email address, work mailing address, work telephone number, title, billing/bank details, Tax Identification Number, company name, IP address, Operating System and Web browser data points.
SHC 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) 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 and other operations related to providing/receiving services to/from a Customer); (2) satisfying governmental reporting, tax, and other requirements (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. CHOICE WITH RESPECT TO USES AND DISCLOSURES OF PERSONAL DATA
SHC recognizes that EU individuals have the right to limit the use and disclosure of their Personal Data, and we are committed to respecting those rights. We offer individuals the opportunity to opt out of disclosures of Personal Data to a third party or the use of Personal Data for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individual. We will comply with the Privacy Shield Principles with respect to disclosures of Sensitive Data including, when applicable, obtaining the explicit consent (i.e., opt in consent) of an individual prior to disclosing Sensitive Data to a third party or using Sensitive Data for purposes other than those for which it was originally collected or subsequently authorized by the individual
VI. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
SHC is potentially liable in cases of onward transfers of Personal Data to third parties, such as when third parties that act as agents on our behalf process Personal Data in a manner inconsistent with the Privacy Shield Principles. We will ensure that any third party to which we disclose personal information provides the same level of privacy protection as is required by the Privacy Shield principles and agrees in writing to provide an adequate level of privacy protection. Except as otherwise provided herein, SHC discloses Personal Data only to third parties who reasonably need to know such data. Such recipients must agree to abide by confidentiality obligations.
SHC may provide Personal Data to third parties and our agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, disclosure may occur to our third parties and agents, consultants and contractors who may include, but are not limited to: Market Research Survey Scripting and Hosting platforms, credit checking entities, auditors and taxing authorities. We may provide Personal Data to such third parties for the following purposes, without limitation: survey reporting, credit checks, auditing purposes and governmental reporting, tax, and other requirements. Such third parties must agree to use such Personal Data only for the purposes for which they have been engaged by SHC 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.
SHC also may disclose Personal Data for other purposes or to other third parties when a Data Subject has consented to or requested such disclosure or under the following circumstances:
- We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- We believe it is necessary to share information in order to investigate or prevent fraud, or to take action regarding illegal activities, situations involving potential threats to the physical safety of any person, or as otherwise required by law.
Please be aware that in rare situations, it may be necessary disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
VII. DATA INTEGRITY AND PURPOSE LIMITATION
SHC shall not process Personal Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual. To that end, SHC will take reasonable steps to ensure that Personal Data is reliable for its intended use, accurate, complete, and current. SHC uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate.
VIII. DATA SECURITY
SHC has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored electronic information systems requires user authentication via password or similar means. SHC also employs access restrictions, limiting the scope of employees who have access to Customer Personal Data. Further, SHC 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.
X. PERSONNEL ACCESS OF PERSONAL DATA
SHC 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.
XI. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
Right to Access.
Customers (Data Subjects) have the right to obtain confirmation about whether Personal Data is included about them in our databases. Upon request, SHC will provide an individual access to his or her Personal Data within a reasonable time period. SHC will permit an individual to know what Personal Data about them is included in our databases and to ensure that such Personal Data is accurate and relevant for the purposes for which SHC collected the Personal Data. Customers may review their own Personal Data stored in the databases and correct, update, modify, or delete any data that is incorrect or incomplete.Your right to access your Personal Data may be restricted in exceptional circumstances, including, but not limited to, when the burden or expense of providing this access would be disproportionate to the risks to your privacy in the case in question, or where the rights of persons other than you would be violated by the provision of such access. If we determine that your access should be restricted in a particular instance, we will provide you with an explanation of our determination and respond to any inquiries you may have.
Customers may access their Personal Data by contacting SHC by phone or email at the contact information below. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request deletion of Personal Data, Members should submit a written request to:
Via Postal Mail:
14 Penn Plaza
New York, NY 10122
Attention: Privacy Department
Requests for Personal Data.
SHC 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.
Satisfying Requests for Access, Modifications, and Corrections.
SHC will endeavor to respond within a reasonable time period to all reasonable requests to access, view, modify, or inactivate Personal Data.
XII. 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 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.
XIII. QUESTIONS OR COMPLAINTS
Customers may contact SHC with questions, concerns, or complaints concerning our privacy practices or this Privacy Shield Policy at the following addresses:
Via Postal Mail:
14 Penn Plaza
New York, NY 10122
Attention: Privacy Department
XIV. ENFORCEMENT AND DISPUTE RESOLUTION
We commit to resolving individuals complaints related to our privacy practices or our collection, or use, or disclosure of Personal Data. An individual may file a privacy complaint by contacting us at our contact information in Section XII. Further, individuals with questions or concerns about the use or disclosure of their Personal Data should contact us as outlined in Section XIII.
SHC acknowledges that as a participant in the Privacy Shield Framework we are under the enforcement authority of the Federal Trade Commission
If an individuals complaint cannot be satisfied through our internal complaint process, the individual may bring a complaint before the INSIGHTS ASSOCIATION PRIVACY SHIELD PROGRAM, a non-profit alternative dispute resolution provider located in the United States and operated by the Insights Association. The INSIGHTS ASSOCIATION PRIVACY SHIELD PROGRAM is designed to handle eligible complaints brought by EU citizens about Privacy Shield Principles. If you have any complaints regarding our compliance with the Privacy Shield Framework you should first contact us (as provided above).
If contacting us does not resolve your complaint or you do not receive timely acknowledgement of your complaint, please visit the INSIGHTS ASSOCIATION PRIVACY SHIELD PROGRAM website at http://www.insightsassociation.org/get-support/privacy-shield-program/privacy-shield-eu-swiss-citizens-file-complaint for more information and to file a complaint. We will cooperate with the independent dispute resolution mechanism to resolve any complaint that is not resolved through our internal processes. Please note that if an individuals complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
Customer means a prospective, current, or former partner, vendor, supplier, customer, or client of SHC. The term also shall include any individual agent, employee, representative, customer, or client of an SHC Customer where SHC has obtained his or her Personal Data from such Customer as part of its business relationship with the Customer.
Data Subject means an identified or identifiable natural living person in the European Union. 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.
Employee means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of SHC or any of its affiliates or subsidiaries.
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 who is a Data Subject, either directly or indirectly, including an individuals 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, or anonymous.
Sensitive Data is a subset of Personal Data and includes information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or the sex life of the individual.
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