SAFE HARBOUR – OVERVIEW
The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EEA to the United States (the “U.S.-EU Safe Harbour”). The EEA also has recognised the U.S.-EU Safe Harbour as providing adequate data protection. The United States Department of Commerce and the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland have agreed on a similar set of principles and frequently asked questions 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 (the “U.S.-Swiss Safe Harbour”). Consistent with its commitment to protect personal privacy, Tempero adheres to the principles set forth in the U.S.-EU Safe Harbour (the “Safe Harbour Principles”).
POLICY STATEMENT
Tempero respects individual privacy and values the confidence of its customers, employees, business partners and others. Not only does Tempero strive to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business, but it also has a tradition of upholding the highest ethical standards in its business practices. This Safe Harbour Privacy Policy Statement (the “Policy”) sets forth the privacy principles Tempero follow with respect to transfers of personal information from the European Economic Area (EEA) (which includes the twenty-seven member states of the European Union (EU) plus Iceland, Liechtenstein and Norway) to the United States.
Tempero complies with the U.S.-EU Safe Harbour Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Tempero has certified that it adheres to the Safe Harbour Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbour program, and to view Tempero’s certification, please visit http://www.export.gov/safeharbor/.
SCOPE
This Safe Harbour Privacy Policy Statement (the “Policy”) applies to all personal information received by Tempero in the United States from the EEA and from Switzerland, in any format, including electronic, paper or verbal.
DEFINITIONS
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, Tempero or to which Tempero disclose personal information for use on Tempero’s behalf.
“Tempero” means Tempero Limited, its predecessors, successors, subsidiaries, divisions and groups in the United States.
“Personal information” means any information or set of information that identifies or could be used by or on behalf of Tempero to identify an individual. Personal information does not include information that is encoded or anonymised, or publicly available information that has not been combined with non-public personal information.
“Sensitive personal information” means personal information that reveals, contact details, location, race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, views or activities, that concerns health or sex life, information about social security benefits, or information on criminal or administrative proceedings and sanctions other than in the context of pending proceedings. In addition, Tempero will treat any information received from a third party where that third party treats and identifies the information as sensitive, as sensitive personal information.
PRIVACY PRINCIPLES
The privacy principles in this Policy have been developed based on the Safe Harbour Principles.
NOTICE
Where Tempero 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, the types of non–agent third parties to which Tempero discloses that information, the choices and means, if any, Tempero offers individuals for limiting the use and disclosure of personal information about them, and how to contact Tempero. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Tempero, or as soon as practicable thereafter, and in any event before Tempero uses or discloses the information for a purpose other than that for which it was originally collected.
Where Tempero 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
Tempero will offer individuals the opportunity to choose (opt-out) 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 authorised by the individual.
For sensitive personal information, Tempero 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 authorised by the individual.
Tempero will provide individuals with reasonable mechanisms to exercise their choices.
DATA INTEGRITY
Tempero will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorised by the individual. Tempero will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
TRANSFERS TO AGENTS
Tempero 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 Harbour Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), being subject to Swiss Federal Act on Data Protection, Safe Harbour certification by the agent, or being subject to another European Commission or Swiss FDPIC adequacy finding (e.g., companies located in Canada). Where Tempero has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Tempero will take reasonable steps to prevent or stop the use or disclosure.
ACCESS AND CORRECTION
Upon request, Tempero will grant individuals reasonable access to personal information that it holds about them. In addition, Tempero will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
SECURITY
Tempero will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorised access, disclosure, alteration and destruction.
ENFORCEMENT
Tempero will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Tempero determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
LIMITATION ON APPLICATION OF PRINCIPLES
Adherence by Tempero to these Safe Harbour Principles may be limited:
(a) to the extent required to respond to a legal or ethical obligation;
(b) to the extent necessary to meet national security, public interest or law enforcement obligations; and
(c) to the extent expressly permitted by an applicable law, rule or regulation.
INTERNET PRIVACY
Tempero see the Internet and the use of other technologies as indispensable tools to communicate and interact with consumers, employees, social media professionals, business partners, and others. Tempero recognise the importance of maintaining the privacy of information collected online and has created a specific Internet Privacy Policy Statement (the “IPP”) governing the treatment of personal information collected through web sites that it operates. With respect to personal information that is transferred from the European Economic Area to the U.S., the IPP is subordinate to this Policy. However, the IPP also reflects additional legal requirements and evolving standards with respect to Internet privacy.
DISPUTE RESOLUTION
Tempero are registered with an impartial dispute resolution and arbitration service who deal with Safe Harbour complaints. If you believe that we have breached any of the Safe Harbour principles, you can submit your case via the JAMS website: http://www.jamsadr.com/
CONTACT INFORMATION
Questions or comments regarding this Policy should be submitted to the Tempero Directorate by mail to:
Tempero Directorate
Tempero Limited.
The Lightwell,
2nd Floor, 12-16 Laystall Street,
London,EC1R 4PF
Or by e-mail to
CHANGES TO THIS SAFE HARBOUR PRIVACY POLICY
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbour Principles. A notice will be posted on the Tempero Intranet whenever this Safe Harbour Privacy Policy is changed in a material way.
EFFECTIVE DATE: 20TH AUGUST – 2014
