Effective Date: November 30, 2017
The United States Department of Commerce and the European Commission 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 law that adequate protection be given to personal information transferred from the EU to the United States.
To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.
This Policy applies to all personal information received by Fulcrum Analytics, Inc. in the United States from the European Union, in any format including electronic, paper or verbal.
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 Analytics, Inc. or to which Fulcrum Analytics, Inc. discloses personal information for use on their behalf.
“Personal information” means any information or set of information that identifies or is used by or on behalf of Fulcrum Analytics, Inc. 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 Analytics, Inc. will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
“Fulcrum Analytics, Inc.” means Fulcrum Analytics, Inc. in the United States.
The privacy principles in this Policy are based on the Privacy Shield Principles.
NOTICE: Where Fulcrum Analytics, Inc. collects personal information directly from individuals in the European Union, it will inform them about the type of personal information collected, the purposes for which it collects and uses the personal information, and the types of non-agent third parties to which Fulcrum Analytics, Inc. discloses or may disclose that information, and the choices and means, if any, Fulcrum Analytics, Inc. offers individuals for limiting the use and disclosure of their personal information. Fulcrum Analytics, Inc. discloses personal information only to the extent required for the third party to perform services that are purchased by individuals. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Fulcrum Analytics, Inc., or as soon as practicable thereafter, and in any event before Fulcrum Analytics, Inc. uses or discloses the information for a purpose other than that for which it was originally collected.
Where Fulcrum Analytics, Inc. receives personal information from their subsidiaries, affiliates or other entities in the EU, 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.
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 Analytics, Inc. will offer individuals clear, conspicuous, and readily available mechanisms to choose:
In the case of personal information, to (opt-out) of having their 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.
Fulcrum Analytics, Inc. will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Fulcrum Analytics, Inc. 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
We sometimes contract with other companies and individuals to perform functions or services on our behalf. They 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 us or to us.
Fulcrum Analytics, Inc. 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 the 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 Analytics, Inc. 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, at such time we will take reasonable and appropriate steps to stop and remediate unauthorized processing.
Fulcrum Analytics, Inc. is liable for appropriate onward transfers of personal data to third parties who do not comply with the Privacy Shield principles.
ACCESS AND CORRECTION
Individuals can ask to review and correct Personal Information that we maintain about them by sending a written request to the contact information listed below. Upon request, Fulcrum Analytics, Inc. will grant individuals reasonable access to personal information that it holds about them. In addition, Fulcrum Analytics, Inc. will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
Fulcrum Analytics, Inc. will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
Fulcrum Analytics, Inc. will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Fulcrum Analytics, Inc. determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
Fulcrum Analytics, Inc. 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.
Fulcrum Analytics, Inc. has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the DMA Privacy Shield Program, operated by the Data & Marketing Association. If an individual does not receive timely acknowledgment of a complaint, or if the complaint is not satisfactorily addressed by Fulcrum Analytics, Inc., please contact the DMA for more information or to file a complaint online at: https://thedma.org/resources/consumer-resources/privacyshield-consumers/
Or in writing to:
Data & Marketing Association
Attn: Privacy Shield
1333 Broadway, Suite #301
New York, NY 10018
If the complaint is not adequately resolved by the DMA, the individual may file a complaint with data protection authority (DPA) in the EU 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 the individual is entitled to pursue binding arbitration with Fulcrum Analytics, Inc. 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 Analytics, Inc. 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.
Questions or comments regarding this Policy should be submitted to the following person by mail as follows:
Fulcrum Analytics, Inc.
70 W. 40th St., 10th Fl.
New York, NY 10018 USA
Or e-mail us at PrivacyShield@fulcrumanalytics.com.
This Policy applies to After, Inc. as one of Fulcrum Analytics, Inc.’s related entities which also abides by the same Privacy Shield Principles.
Questions or comments regarding After, Inc.’s adherence to this Policy should be submitted to the following person by mail as follows:
1 Selleck St., 5th Fl.
Norwalk, CT 06855 USA
Or e-mail us at PrivacyShield@afterinc.com.