SAFE HARBOR 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 European Union (“EU”) law which requires that all Personal Data transferred from the EU to the United States is adequately protected (the “U.S.-EU Safe Harbor”). The EEA has recognized the U.S.-EU Safe Harbor as providing adequate protection of Personal Data (2001 O.J. (L 45) 47). The United States Department of Commerce and the Federal Data Protection and Information Commissioner of Switzerland (the “Commissioner”) have similarly agreed upon data protection principles and frequently asked questions to satisfy the Swiss law requirement that adequate protection be given to Personal Data that is transferred from Switzerland to the United States (the “U.S.-Swiss Safe Harbor”). HasOffers policy follows the principles set forth in the U.S.-EU Safe Harbor and the U.S.-Swiss Safe Harbor (the “Safe Harbor Principles”).
This Policy applies to all Personal Data received by HasOffers in the United States from the EEA and Switzerland, either directly from individuals or from its affiliates. This policy applies to all Personal Data 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, HasOffers, Inc. or to which HasOffers, Inc. discloses personal information for use on HasOffers, Inc.’s behalf.
“HasOffers” means HasOffers, Inc., its predecessors, successors, subsidiaries, divisions and groups in the United States. “Personal Data” means any information or set of information that:
- (1) is transferred from the EEA or Switzerland to the United States,
- (2) recorded in any form, and
- (3) identifies or could be used by or on behalf of HasOffers to identify any individual.
Personal Data does not include information that is encoded or anonymous, aggregated information, or information that is publicly available that has not been combined with non-public personal information.
“Sensitive Personal Data” means personal information that reveals 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. HasOffers will also treat as Sensitive Personal Data any information received from a third party where that third party treats and identifies the information as sensitive pursuant to the EU Data Directive.
The privacy principles set forth in this Policy have been developed based on the Safe Harbor Principles.
Where HasOffers collects Personal Data directly from individuals in the EEA and Switzerland, it will inform them about the purposes for which it collects and uses Personal Data about them, the types of non-Agent third parties to which HasOffers discloses that Personal Data, the choices and means, if any, HasOffers offers individuals for limiting the use and disclosure of their Personal Data, and how to contact HasOffers about its practices concerning Personal Data.
Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Data to HasOffers, or as soon as practicable thereafter, and in any event before HasOffers uses or discloses the information for a purpose other than that for which it was originally collected.
Where HasOffers 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.
HasOffers allows individuals whose Personal Data is collected in the EEA or Switzerland and transferred to the United States to choose (opt-out) whether their Personal Data can be (a) tdisclosed to a non-Agent third party, or (b) used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
For Sensitive Personal Data, HasOffers gives individuals the opportunity to affirmatively and explicitly consent (opt in) to permit HasOffers to:
- (1) Disclose Sensitive Personal Data to a third party that is not an Agent, or
- (2) Use Sensitive Personal Data for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
HasOffers will provide individuals with clear and conspicuous, reasonable, readily available, and affordable mechanisms to exercise these choices.
HasOffers will obtain assurances from its Agents that they will safeguard Personal Data in a manner consistent with this Policy.
Appropriate assurances that may be provided by Agents include:
- (1) Agent certification that they participate in the U.S.-EU Safe Harbor/U.S.-Swiss Safe Harbor,
- (2) A contract requiring the Agent to provide at a minimum, the same level of protection as is required by the Safe Harbor Principles,
- (3) Being subject to the EU Data Protection Directive (EU Directive 95/46/EC), the Swiss Federal Act on Data Protection, or another law providing an adequate level of privacy protection.
Where HasOffers has knowledge that an Agent is using or disclosing Personal Data in a manner contrary to this Policy, HasOffers will take reasonable steps to prevent or stop the use or disclosure.
HasOffers will take reasonable precautions to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration or destruction. If and as necessary, HasOffers will take additional precautions regarding the security of Sensitive Personal Data.
While HasOffers strives to secure Personal Data, even reasonable security measures do not guarantee the security of any information, and HasOffers cannot guarantee that the Personal Data it seeks to protect will be protected in all circumstances, including those beyond its reasonable control.
Records containing Personal Data are considered HasOffers property and should be afforded confidential treatment at all times, regardless of form.
HasOffers will use Personal Data only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. HasOffers will take reasonable steps to ensure that Personal Data remains relevant to its intended use and is accurate, complete, and current.
Upon request and in accordance with the Safe Harbor Principles, HasOffers will grant individuals reasonable access to Personal Data that is held by HasOffers. HasOffers will take reasonable steps to permit individuals to correct, amend or delete Personal Data when it is shown to be inaccurate or incomplete.
HasOffers may limit or deny access to Personal Data as permitted by the Safe Harbor Principles. For example, HasOffers may limit an individual’s access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy or where the legitimate rights of persons other than the individual would be violated. A recitation of limitations to the Access and Correction rights may be accessed at the US Department of Commerce’s Safe Harbor website found at http://export.gov/safeharbor/.
With respect to Personal Data of employees and job applicants, HasOffers will provide such access either directly or through the employer located in the EEA or Switzerland.
HasOffers has established procedures for periodically verifying its compliance with the Safe Harbor Principles, including an annual self-assessment of its relevant privacy practices to confirm the accuracy of, and verify its adherence to, this Policy.
HasOffers will investigate all suspected infractions of this Policy. Any HasOffers employee determined to be in violation of this Policy will be subject to disciplinary action up to and including termination of employment.
Any questions or concerns regarding the use or disclosure of Personal Data should be directed to Director, Global Compliance at the address listed below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Data in accordance with the Safe Harbor Principles.
Any questions or concerns regarding HasOffers use or disclosure of personal information should be directed to the HasOffers Privacy and Global Compliance Office at the address given below.
HasOffers will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Data by reference to the principles contained in this Policy. For complaints that cannot be resolved through our internal processes, HasOffers has agreed to participate in the following dispute resolution procedures:
- (1) For all Personal Data, including employment related information, received by HasOffers from Switzerland, HasOffers will handle disputes in cooperation and compliance with the Swiss FDPIC;
- (2) For all Personal Data, including employment related information, received by HasOffers from the EEA, HasOffers will participate in and comply with the dispute resolution procedures of the panel established by the European data protection authorities to resolve disputes pursuant to the Safe Harbor Principles.
Please submit questions or comments regarding this Policy to:
Director Online Privacy and Global Compliance HasOffers., Inc 2220 Western Ave Seattle, WA 98121 firstname.lastname@example.org Phone: (206) 508 1318 or by fax: (206) 577 5085
HasOffers adherence to the Safe Harbor Principles may be limited by any applicable legal, regulatory, ethical or public interest consideration and as expressly permitted or required by any applicable law, rule or regulation. Examples of such limitations include but are not limited to, exceptions to the opt-in requirements for Sensitive Personal Data as permitted by Commission Decision 2000/520/EC of 26 July 2000, exceptions to access as permitted by the Safe Harbor Principles, or under applicable EEA member state or Swiss law.
HasOffers may also sell, transfer or otherwise disclose Personal Data reasonably related to the sale, assignment, transfer or other disposition of all or part of our business, subject to and in accordance with applicable law.
CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. Appropriate notice will be given concerning any such amendment.
This Policy is effective as of July 18, 2012