EU-US and Swiss-US Privacy Shield Policy
This Privacy Shield Policy (“Policy”) describes how IPsoft Incorporated and its subsidiaries and affiliates in the United States (“US”) (“IPsoft,” “we,” or “us”) comply with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States (collectively, the “Framework”). This Policy applies to the following US affiliated entities: IPsoft Incorporated and IPsoft Government Solutions LLC.
IPsoft recognizes that the EU and Switzerland have established strict protections regarding the handling of EU Personal Data and Swiss Personal Data, including requirements to provide adequate protection for EU Personal Data and Swiss Personal Data transferred outside of the EU and/or Switzerland. To provide adequate protection for certain EU Personal Data and Swiss Personal Data about corporate customers, clients, suppliers, and business partners received in the US, IPsoft has elected to self-certify to the Framework administered by the US Department of Commerce (“Privacy Shield”). IPsoft 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.
For purposes of enforcing compliance with the Privacy Shield, IPsoft is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce’s Privacy Shield website located at: https://www.privacyshield.gov. To review IPsoft’s representation on the Privacy Shield list, see the US Department of Commerce’s Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.
Personal Data Collection and Use
Data Transfers to Third Parties
Third-Party Agents or Service Providers. We do not transfer EU Personal Data and Swiss Personal Data to our third-party agents or service providers. The Privacy Shield provision regarding liability for the actions of agent processors does not apply to IPsoft because IPsoft will not transfer personal information to third parties. If we transfer your EU Personal Data and Swiss Personal Data to one of our affiliated entities within our corporate group, we will take steps to ensure that your EU Personal Data and Swiss Personal Data is protected with the same level of protection the Privacy Shield requires.
Disclosures for National Security or Law Enforcement. Under certain circumstances, we may be required to disclose your EU Personal Data and Swiss Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.
IPsoft maintains reasonable and appropriate security measures to protect EU Personal Data and Swiss Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.
You may have the right to access the EU Personal Data and Swiss Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your EU Personal Data and Swiss Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.
Questions or Complaints
In compliance with the Privacy Shield Principles, IPsoft commits to resolve complaints about our collection or use of your personal information. You can direct any questions or complaints about the use or disclosure of your EU Personal Data or Swiss Personal Data to us at email@example.com. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your EU Personal Data or Swiss Personal Data within 45 days of receiving your complaint.
IPsoft’s independent recourse mechanism for Privacy Shield complaints for use by EU and Swiss individuals is JAMS. If you are unsatisfied with the resolution of your complaint, you may contact JAMS at https://www.jamsadr.com/eu-us-privacy-shield for further information and assistance.
IPsoft has further committed to cooperate with the panel established by the EU data protection authorities (“DPAs”) and the Swiss Federal Data Protection and Information Commissioner (“FDPIC”) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU DPAs and the for more information or to file a complaint. The services of EU DPAs and the Swiss FDPIC are provided at no cost to you.
You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with IPsoft and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see US Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration).
If you have any questions about this Policy or would like to request access to your EU Personal Data and Swiss Personal Data, please contact us as follows: firstname.lastname@example.org or by mail at IPsoft Incorporated, Privacy and Data Security Officer, 17 State Street, 14th Floor, New York, New York 10004.
Changes To This Policy
We reserve the right to amend this Policy from time to time consistent with the Privacy Shield’s requirements.
Effective Date: September 2, 2016
Last modified: May 5, 2017 – Updated to include Swiss-U.S. Privacy Shield Framework information.