Privacy Shield

Privacy Shield

Privacy Shield Privacy Policy Statement

Effective Date: May 14, 2019

Fulcrum Analytics, Inc. (“Fulcrum”) respects your privacy and values the confidence of its customers, employees, consumers, business partners and others. Fulcrum strives to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business, and prides itself on upholding the highest ethical standards in its business practices. This Privacy Shield Privacy Policy (the “Policy”) sets forth the privacy principles that Fulcrum follows with respect to transfers of personal information from the European Union, United Kingdom, and Switzerland.

PRIVACY SHIELD

The United States Department of Commerce, in collaboration with the European Commission and Swiss Administration, have agreed on a set of data protection principles and frequently asked questions (the “Privacy Shield Framework”) to enable U.S. companies to satisfy the requirement under European Union and Swiss laws that adequate protection be given to personal information transferred from the EU and Switzerland to the United States.

Consistent with its commitment to protect personal privacy, Fulcrum Analytics, Inc. complies with the EU-U.S. Privacy Shield Framework and the 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, United Kingdom and Switzerland to the United States. Fulcrum has certified to the Department of Commerce that it adheres to the Privacy Shield Privacy Principles. If there is any conflict between the terms in this Policy and the Privacy Shields Principles, the Privacy Shield Principles shall govern.

To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.

SCOPE

This Policy applies to all personal information received by Fulcrum in the United States from the European Union, United Kingdom, and Switzerland, in any format including electronic, paper or verbal.

PURPOSE FOR PROCESSING PERSONAL INFORMATION

Fulcrum processes the personal information of EU, UK,and Swiss individuals for the purposes of analyzing patterns in customer and/or website visitor activity, mainly as data processor of EU, UK, or Swiss based companies.

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, Fulcrum or to which Fulcrum discloses personal information for use on Fulcrum’ behalf.  Examples of disclosure to Agents might include loading large data sets of personal information into a web-based software platform that would allow Fulcrum to visualize large quantities of data or perform analysis on the patterns found within large data sets of personal information.  

“Personal information” means any information or set of information that identifies or is used by or on behalf of Fulcrum 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, sexual orientation, political opinions, religious or philosophical beliefs, national identification numbers, or trade union membership, or that concerns an individual’s health. In addition, Fulcrum will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.  Typically, Fulcrum does not collect or receive sensitive personal information.

“Fulcrum Analytics, Inc.” or “Fulcrum” means Fulcrum Analytics, Inc. in the United States.

PRIVACY PRINCIPLES

The privacy principles in this Policy are based on the Privacy Shield Principles.

TRANSPARENCY

Where Fulcrum collects personal information directly from individuals in the European Union, United Kingdom or Switzerland, it will inform them about the type of personal information it collects, the purposes for which it collects and uses the personal information, and the types of non-agent third parties to which Fulcrum discloses or may disclose that information, if any. Typically, Fulcrum does not share personal information with any non-Agent third parties.  Notice will be provided in clear and conspicuous language when you are first asked to provide personal information to Fulcrum, or as soon as practicable thereafter, and in any event before Fulcrum uses or discloses the information for a purpose other than that for which it was originally collected.

Where Fulcrum receives personal information related to individuals in the EU, UK, or Switzerland from its clients, affiliates or other entities, 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

Prior to sharing any information with non-Agent third parties, or sharing information for a purpose other than the purpose for which it was originally collected or subsequently authorized for use, Fulcrum will offer clear, conspicuous, and readily available mechanisms to choose:

  • In the case of personal information, to (opt-out) of having an individual’s personal information (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.
  • In the case of sensitive personal information, 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.

DATA INTEGRITY

Fulcrum will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by each individual. Fulcrum will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.

TRANSFERS TO AGENTS

Agents and Service Providers

Fulcrum sometimes contracts with or utilizes other companies to perform functions or services on its behalf as Agents. These Agents may have access to personal information needed to perform their functions, but are restricted from using the personal information for purposes other than providing services for or to Fulcrum.

Fulcrum will obtain assurances from its Agents that they will only process the data for the limited and specified purposes consistent with the consent provided by each individual and 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 Privacy Shield Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), or Privacy Shield certification by the Agent.

It is our responsibility to take steps to ensure that the Agent processes personal information appropriately. Where Fulcrum becomes aware that an Agent is using or disclosing personal information in a manner contrary to this Policy, we will take reasonable steps to prevent or stop the use or disclosure. If the Agent will no longer meet its obligation to provide adequate Protections, we require that Agent to notify us, and at such time we will take reasonable and appropriate steps to stop and remediate unauthorized processing.

Fulcrum is liable for appropriate onward transfers of personal information to third parties who do not comply with the Privacy Shield principles.

RIGHT TO ACCESS AND CORRECTION

You can ask to review and correct personal information that we maintain about you by sending a written request to the contact information listed below. Upon request, Fulcrum will grant you reasonable access to personal information that it holds about you. In addition, Fulcrum will take reasonable steps to permit you to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.

SECURITY

Fulcrum will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

ENFORCEMENT

Fulcrum will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Fulcrum determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.

Fulcrum is subject to the investigatory and enforcement powers of the Federal Trade Commission. We are required to disclose personal information in response to lawful requests by public authorities, including meeting national security or law enforcement requirements.

DISPUTE RESOLUTION

In compliance with the Privacy Shield Principles, Fulcrum commits to resolve complaints about our collection or use of your personal information. EU, UK and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Fulcrum at:

Fulcrum Analytics, Inc.
Attention: COO
70 W. 40th St., 10th Fl.
New York, NY 10018 USA

Or email us at PrivacyShield@fulcrumanalytics.com.

Fulcrum has further committed to refer unresolved Privacy Shield complaints to the JAMS Foundation, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint.  The services of the JAMS Foundation are provided at no cost to you.

If the complaint is not adequately resolved by JAMS, you may file a complaint with data protection authority (DPA) in the EU, UK or Switzerland, which the U.S. Department of Commerce commits to resolve within 90 days.

If the dispute is not adequately resolved through the actions of the DPA and U.S. Department of Commerce, then you are entitled to pursue binding arbitration with Fulcrum.  Please note, no monetary damages are allowed under binding arbitration, it is only to resolve an individual complaint.

LIMITATION ON APPLICATION OF PRINCIPLES

Adherence by Fulcrum to these Privacy Shield Principles may be limited (a) to the extent required to respond to a legal obligation; (b) to the extent necessary to meet national security or law enforcement obligations; and (c) to the extent expressly permitted by an applicable law, rule or regulation.

CONTACT INFORMATION

Questions or comments regarding this Policy should be submitted to the following person by mail as follows:

Fulcrum Analytics, Inc.
Attention: COO
70 W. 40th St., 10th Fl.
New York, NY 10018 USA

Or email us at PrivacyShield@fulcrumanalytics.com.

CHANGES TO THIS PRIVACY SHIELD PRIVACY POLICY

This Policy may be amended from time to time, consistent with the requirements of the Privacy Shield Principles. A notice will be posted on Fulcrum’s website, www.fulcrumanalytics.com, for 60 days whenever this Privacy Shield Privacy Policy is changed in a material way. It is possible to determine when this Policy was last revised by referring to the “LAST UPDATED” legend at the top of this page. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site.