Privacy Shield Policy
Agility Recovery Solutions, Inc. and its affiliated company Preparis, Inc. (collectively “Agility Recovery”) has adopted this Privacy Shield Policy (“Policy”) to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that Agility Recovery obtains from Individual Customers located in the European Union and United Kingdom.
The Federal Trade Commission (FTC) has jurisdiction with enforcement authority over Agility Recovery’s compliance with the EU-U.S. Privacy Shield Framework.
All Agility Recovery employees who handle Personal Data from Europe and the UK are required to comply with the Principles stated in this Policy.
Capitalized terms are defined in Section 14 of this Policy.
This Policy applies to the processing of Individual Customer Personal Data that Agility Recovery receives in the United States concerning Individual Customers located in the European Union and United Kingdom. Agility Recovery provides products and services to businesses.
II. RESPONSIBILITIES AND MANAGEMENT
Agility Recovery has designated the Compliance Department to oversee its information security program, including its compliance with the EU-U.S. Privacy Shield program. The Compliance Department shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to email@example.com.
Agility Recovery will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. Agility Recovery personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that Agility Recovery has undertaken to protect Personal Data.
III. RENEWAL / VERIFICATION
Agility Recovery will renew its self-certification under the EU-U.S. Privacy Shield annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.
Prior to the re-certification, Agility Recovery will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of Individual Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, Agility Recovery will undertake the following:
C. Ensure that this Policy continues to comply with the EU-U.S. Privacy Shield
D. Confirm that Individual Customers are made aware of the process for addressing complaints and any independent dispute resolution process (Agility Recovery may do so through its publicly posted website, Individual Customer contract, or both)
E. Review its processes and procedures for training Employees about Agility Recovery’s participation in the Privacy Shield and the appropriate handling of Individual’s Personal Data
Agility Recovery will prepare an internal verification statement on an annual basis.
IV. COLLECTION AND USE OF PERSONAL DATA
Agility Recovery provides various solutions to Companies (“Clients”) who purchase its products. Agility Recovery collects the Personal Data of the employees of Customers (“Individual Customers”) that purchase its products.
Agility Recovery collects the following types of Personal Data of Individual Customers: contact information, including, a contact person’s name, work email address, work mailing address, work telephone number, personal mobile and home telephone numbers, title, and location.
When Individual Customers use our services online, we will collect their IP address and browser type. We may associate IP address and browser type with a specific Customer.
The information that we collect from Individual Customers is used for managing transactions, reporting, invoicing, renewals and other operations related to providing services and products to its Clients.
Agility Recovery uses Personal Data that it collects directly from Individual Customers for the following business purposes, without limitation:
- maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to a Client);
- satisfying governmental reporting, tax, and other requirements (e.g., import/export);
- storing and processing data, including Personal Data, in computer databases and servers located in the United States;
- verifying identity (e.g., for online access to accounts);
- as requested by the Client;
- for other business-related purposes permitted or required under applicable local law and regulation;
- and as otherwise required by law.
V. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
- Agility Recovery may disclose personal information to its parent, subsidiary, affiliates, and other related companies. Agility Recovery may disclose personal information to service providers for the purposes of operating our business, delivering, improving, and customizing our products or services, sending marketing and communications related to our business, payment processing, and for other legitimate purposes permitted by applicable law or otherwise with your consent.
- There may also be instances when Agility Recovery may disclose your personal information without providing you with a choice in order to honor a request that you have made through the products or services; comply with the law or in response to a court order, government request, or other legal process; protect the interests, rights, safety, or property of Agility Recovery or others; protect against fraud or for risk management purposes; or respond to adverse third parties (i.e., adverse parties and their counsel and other agents) in the context of litigation. In addition, if Agility Recovery sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, you agree that Agility Recovery may transfer your personal information to a third party as part of that transaction.
- In all cases Agility Recovery requires all unaffiliated third parties to treat personal information as confidential. Agility Recovery will not provide personal information to third parties for their own marketing purposes without your consent.
Agility Recovery does not disclose Personal Data to Third Parties. If, in the future this practice changes, Agility Recovery will update this notice and provide individuals with opt-out choice before their data is shared with non-agent third parties. Agility Recovery remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Agility Recovery proves that it is not responsible for the event giving rise to the damage.
VI. SENSITIVE DATA
Agility Recovery does not collect Sensitive Data from its Individual Customers.
VII. DATA INTEGRITY AND SECURITY
Agility Recovery uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. Agility Recovery has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to Agility Recovery’s electronic information systems requires user authentication via password or similar means. Agility Recovery also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data.
Further, Agility Recovery uses secure encryption technology to protect certain categories of personal data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.
IX. ACCESSING PERSONAL DATA
Agility Recovery personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
X. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
- Right to Access. Individual Customers have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which Agility Recovery collected it. All the Personal Data that Agility Recovery stores is provided by our clients from their employee data stores in order to facilitate emergency messaging services. This data is updated routinely via secure data import feeds. Individual Customers may review their own Personal Data stored in our databases by submitting a request to firstname.lastname@example.org. In order to correct or amend any inaccurate data Individual Customers will have to contact their employer. To opt-out of the employer provided emergency messaging Individual Customers will have to contact their employer. To request erasure of their Personal Data, Individual Customers will have to contact their employer.
- Requests for Personal Data. Agility Recovery will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by public authorities, including to meet national security or law enforcement requirements, unless prohibited by law or regulation; or (b) requests received from the Individual Customer. If Agility Recovery receives a request for access to his/her Personal Data from an Individual Customer, then, unless otherwise required under law or by contract, Agility Recovery will refer such requests to the Individual Customer’s employer.
- Satisfying Requests for Access, Modifications, and Corrections. Agility Recovery will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
XI. CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the EU-U.S. Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make employees available of changes to this policy either by posting to our intranet, through email, or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
XII. QUESTIONS OR COMPLAINTS
EU and United Kingdom Individuals customers may contact Agility Recovery with questions or complaints concerning this Policy at the following address:
XIII. ENFORCEMENT AND DISPUTE RESOLUTION
In compliance with the EU-U.S. Privacy Shield Principles, Agility Recovery commits to resolve complaints about your privacy and our collection or use of your personal information. EU and United Kingdom individuals with questions or concerns about the use of their Personal Data should contact us at: email@example.com.
If a Customer’s question or concern cannot be satisfied through this process, Agility Recovery has further committed to refer unresolved privacy complaints under EU-U.S. Privacy Shield to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your complaint involves human resources data transferred to the United States from the EU in the context of the employment relationship, and Agility Recovery does not address it satisfactorily, Agility Recovery commits to cooperate with the panel established by the EU data protection authorities (DPA Panel), as applicable and to comply with the advice given by the DPA panel, as applicable with regard to such human resources data. To pursue an unresolved human resources complaint, you should contact the state or national data protection or labor authority in the appropriate jurisdiction. Complaints related to human resources data should not be addressed to the BBB EU PRIVACY SHIELD.
Contact details for the EU data protection authorities can be found at https://edpb.europa.eu/about-edpb/board/members_en.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
XIV. DEFINED TERMS
“Individual Customer” means an employee of a client of Agility Recovery from EU.
“Europe” or “European” refers to a country in the European Union.
“Personal Data” as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available.
“Sensitive Data” means Personal Data that discloses a Data Subject’s medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
“Third Party” means any individual or entity that is neither Agility Recovery nor an Agility Recovery employee, agent, contractor, or representative.
LAST UPDATED: November 1, 2019