PRIVACY SHIELD POLICY

Global Data Consortium Inc. (“GDC”) 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 GDC obtains from Customers located in the European Union and Switzerland.

GDC complies with the EU-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from Individuals and Customers in the European Union member countries. GDC has certified that it adheres to the Privacy Shield Privacy Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement and liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Privacy Principles, the Privacy Shield Privacy Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov.

GDC complies with the Swiss-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from Switzerland. GDC has certified that it adheres to the Swiss-U.S. Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. If there is any conflict between the policies in this privacy policy and the Swiss-U.S. Privacy Shield Principles, the Swiss-U.S. Privacy Shield Principles shall govern. To learn more about the Swiss-U.S. Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/welcome

The Federal Trade Commission (FTC) has jurisdiction over GDC’s compliance with the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

All GDC employees who handle Personal Data from Europe and Switzerland are required to comply with the Principles stated in this Policy.

Capitalized terms are defined in Section 14 of this Policy.

I. SCOPE
This Policy applies to the processing of Individuals Personal Data that GDC receives in the United States concerning Individuals who reside in the European Union and Switzerland. GDC provides products and services to businesses and consumers.
This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)

II. RESPONSIBILITIES AND MANAGEMENT
GDC has designated the Legal Department to oversee its information security program, including its compliance with the EU-U.S. Privacy Shield program and Swiss-U.S. Privacy Shield principles. The Legal 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 disputes@globaldataconsortium.com.

GDC will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. GDC personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that GDC has undertaken to protect Personal Data.

III. RENEWAL / VERIFICATION
GDC will renew its EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield certifications 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, GDC will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of Individuals Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, GDC will undertake the following:

A. Review this Privacy Shield policy and its publicly posted website privacy policy to ensure that these policies accurately describe the practices regarding the collection of Individual Personal Data

B. Ensure that the publicly posted privacy policy informs Individuals and Customers of GDC’s participation in the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield programs and where to obtain a copy of additional information (e.g., a copy of this Policy)

C. Ensure that this Policy continues to comply with the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield principles

D. Confirm that Individual and Customers are made aware of the process for addressing complaints and any independent dispute resolution process (GDC may do so through its publicly posted website, Customer contract, or both)

E. Review its processes and procedures for training Employees about GDC’s participation in the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield programs and the appropriate handling of Individual’s Personal Data

GDC will prepare an internal verification statement on an annual basis.
IV. COLLECTION AND USE OF PERSONAL DATA

GDC provides various solutions to its Customers who purchase its products. GDC operates B2B (business-to-business). Our Customers are other businesses and companies.

GDC may collect Personal Data from Individual persons who contact us through our website to request additional information. In such a situation, we would collect contact information and any other information that the person chooses to submit through our website. The Personal Data that we collect may vary based on the Individual’s interaction with our website and request for our services, and may include a contact person’s name, email address, mailing address, telephone number, date of birth, ID number.

The information that we collect from Individuals is used for selling the products and services they buy from us on behalf of their company (the Customer), managing transactions, reporting, invoicing, renewals, other operations related to providing services and products to the Customer.

GDC may collect Personal Data from Customers, including associated Individuals, when they purchase its products, register with our website, log-in to their account, request information or otherwise communicate with us.

For certain products, GDC serves as a service provider. In our capacity as a service provider, we may receive, store, and/or process Personal Data. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of our partners and/or agents and Customers. The information that we collect from Individuals and Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Customer, and as otherwise requested by our partner and/or agent.

GDC uses Personal Data that it collects directly from its Customers and for its partners indirectly in its role as a service provider for the following business purposes, without limitation:

1. 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 Customer);

2. satisfying governmental reporting, tax, and other requirements (e.g., import/export);

3. storing and processing data, including Personal Data, in computer databases and servers located in the United States;

4. verifying identity (e.g., for online access to accounts);

5. as requested by the Individual or Customer;

6. for other business-related purposes permitted or required under applicable local law and regulation;

7. and as otherwise required by law.

V. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided herein, GDC discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
GDC may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, GDC may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by GDC and they must either:

1. comply with the Privacy Shield principles or another mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of Personal Data;

2. or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy;
GDC also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that GDC may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. GDC is liable for appropriate onward transfers of personal data to third parties.

We partner with and are supported by third party service providers around the world. Personal data will be made available to these parties only when necessary to fulfill the services they provide to us, such as software, system, and platform support; direct marketing services; cloud hosting services; advertising; data analytics; and order fulfillment and delivery. Our third-party service providers are not permitted to share or use personal data we make available to them for any other purpose than to provide services to us.

VI. SENSITIVE DATA
GDC does not collect Sensitive Data from Individuals or Customers.

VII. DATA INTEGRITY AND SECURITY
GDC uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. GDC has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to GDC’s electronic information systems requires user authentication via password or similar means. GDC also employs access restrictions, limiting the scope of employees who have access to Individual Personal Data.

Further, GDC 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.

VIII. NOTIFICATION
GDC notifies Individuals and Customers about its adherence to the EU-US Privacy Shield and Swiss-U.S. Privacy Shield principles through its publicly posted website privacy policy, available at: https://globaldatacons.wpengine.com/privacy-policy/ and take Individuals approval and adherence to the current policy when they provide their information to us in the transactional process.

IX. ACCESSING PERSONAL DATA
GDC 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

A. Right to Access. Individuals and 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 GDC collected it. Individuals and Customers may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and GDC policies. Upon reasonable request and as required by the Privacy Shield principles, GDC allows Individuals and Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Individuals and Customers may edit their Personal Data by logging into their account profile or by contacting GDC by phone or email. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Individuals should submit a written request to local GDC office.

B. Requests for Personal Data. GDC 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 a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If GDC receives a request for access to his/her Personal Data from an Individual or Customer, then, unless otherwise required under law or by contract with such Individual or Customer, GDC will refer such Data Subject to the Individual or Customer.

C. Satisfying Requests for Access, Modifications, and Corrections. GDC 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 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 Swiss Individuals and Customers may contact GDC with questions or complaints concerning this Policy at the following address:
disputes@globaldataconsortium.com

XIII. ENFORCEMENT AND DISPUTE RESOLUTION
In compliance with the EU-U.S. Privacy Shield Principles, GDC commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our EU-U.S. Privacy Shield policy should first contact GDC at: disputes@globaldataconsortium.com.

GDC has further committed to refer unresolved Privacy Shield complaints to the EU Data Protection Authorities (DPAs). If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080 for more information about your National Data Protection Authorities or to file a complaint. The services of the EU Data Protection Authorities are provided at no cost to you.

In compliance with the Swiss-U.S. Privacy Shield Principles, GDC commits to resolve complaints about our collection or use of your personal information. Swiss individuals with inquiries or complaints regarding our Swiss-U.S. Privacy Shield policy should first contact GDC at: disputes@globaldataconsortium.com.

GDC has further committed to refer unresolved Swiss-U.S. Privacy Shield complaints to the Federal Data Protection and Information Commissioner of Switzerland. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit http://www.edoeb.admin.ch/ for more information or to file a complaint. The services of the Federal Data Protection and Information Commissioner of Switzerland are provided at no cost to you.

GDC commits to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland.

In some cases there is the possibility, under certain conditions, for the individual to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. These conditions can be found in Section C, Annex 1 of the Privacy Shield Principles, or at the following link: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

XIV. DEFINED TERMS
Capitalized terms in this Privacy Policy have the following meanings:

“Customer” means a customer or client of GDC from EU or Switzerland. GDC customers are usually companies and businesses, not individual Data Subjects.

“Individual” means an individual living person from the EU or Switzerland, and shall include any individual agent, representative of a Customer of GDC and all employee of a Customer of GDC where GDC has obtained his or her Personal Data from such Customer as part of its business relationship with GDC. An Individual may also be considered a Customer.

“Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics.

For Customers residing in Switzerland, a Data Subject also may include a legal entity.

“Employee” means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of GDC or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.
“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. For Switzerland, the term “person” includes both a natural person and a legal entity, regardless of the form of the legal entity.

“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 GDC nor an GDC employee, agent, contractor, or representative.

Version 4 – March 20, 2018

GDC INTERNET PRIVACY POLICY

GDC respects the privacy of visitors to its websites; as a result, we have developed this Internet Privacy Policy (the “IPP”). This IPP applies only to the operation of websites that directly link to this policy when you click on “privacy statement” in the website footer.

Through this website GDC may collect information that can identify you, such as your name, address, telephone number, e-mail address, and other similar information (“Your Information”) when it is voluntarily submitted to us (however, see discussion below about “IP Addresses” if you have a broadband connection). We will use Your Information to respond to requests you may make of us, and from time to time, we may refer to Your Information to better understand your needs and how we can improve our websites, products and services. We may also use Your Information to contact you with information about our products and services. We may also enhance or merge Your Information with data obtained from third parties for the same purposes.

Any other information transferred by you in connection with your visit to this site (“Other Information” – that is, information that cannot be used to identify you) may be included in databases owned and maintained by GDC or its agents. GDC retains all rights to these databases and the information contained in them. Other Information we collect may include your IP Address and other information gathered through our weblogs and cookies (see below).

This site may use a technology known as web beacons – sometimes called single- pixel gifs – that allow this site to collect web log information. A web beacon is a graphic on a web page or in an e-mail message designed to track pages viewed or messages opened. Web log information is gathered when you visit one of our websites by the computer that hosts our website (called a “webserver”). The webserver automatically recognizes some non-personal information, such as the date and time you visited our site, the pages you visited, the website you came from, the type of browser you are using (e.g., Internet Explorer), the type of operating system you are using (e.g., Windows 2000), and the domain name and address of your Internet service provider (e.g., AOL). We may also include web beacons in promotional e-mail messages in order to determine whether messages have been opened.

This website may use a technology called a “cookie”. A cookie is a piece of information that our web server sends to your computer (actually to your browser file) when you access a website. Then when you come back our site will detect whether you have one of our cookies on your computer. Our cookies help provide additional functionality to the site and help us analyze site usage more accurately. For instance, our site may set a cookie on your browser that keeps you from needing to remember and then enter a password more than once during a visit to the site.

This website may use Internet Protocol (IP) Addresses. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet. Generally, an IP address changes each time you connect to the Internet (it is a “dynamic” address). Note, however, that if you have a broadband connection, depending on your individual circumstance, it is possible that your IP Address that we collect, or even perhaps a cookie we use, may contain information that could be deemed identifiable. This is because with some broadband connections your IP Address doesn’t change (it is “static”) and could be associated with your personal computer. We use your IP address to report aggregate information on use and to help improve the website.

You should be aware that this site is not intended for, or designed to attract, individuals under the age of 18. We do not collect personally identifiable information from any person we actually know is an individual under the age of 18.

Areas of this website that collect Your Information use industry standard secure socket layer encryption (SSL); however, to take advantage of this your browser must support encryption protection (found in Internet Explorer release 3.0 and above).

We may share Your Information with agents, contractors or partners of GDC in connection with services that these individuals or entities perform for, or with, GDC. These agents, contractors or partners are restricted from using this data in any way other than to provide services for GDC, or services for the collaboration in which they and GDC are engaged (for example, some of our products are developed and marketed through joint agreements with other companies).GDC reserves the right to share Your Information to respond to duly authorized information requests of governmental authorities or where required by law. In exceptionally rare circumstances where national, state or company security is at issue (such as with the World Trade Center terrorist act in September 2001), GDC reserves the right to share our entire database of visitors and customers with appropriate governmental authorities.

We may also provide Your Information to a third party in connection with the sale, assignment, or other transfer of the business of this website to which the information relates, in which case we will require any such buyer to agree to treat Your Information in accordance with this Privacy Policy.

To be removed from our contact lists, please write to GDC at the following address:
Global Data Consortium, Inc.
19 W. Hargett Street, Suite 602
Raleigh, NC 27601

Or by e-mail to the GDC Privacy OfficePlease note that you may continue to receive materials while we are updating our lists.

We may update this Website Privacy Policy from time to time. When we do update it, for your convenience, we will make the updated policy available on this page.

Last Updated: November 1, 2017