Safe Harbor

EU Safe Harbor Policy Statement

EU Safe Harbor Policy

Effective Date: June 1, 2016

After, Inc respects individual privacy and values the confidence of its customers, employees, consumers, business partners and others. After, Inc. 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 their business practices. This Safe Harbor Privacy Policy (the “Policy”) sets forth the privacy principles that After, Inc. follows with respect to transfers of personal information from the European Economic Area (EEA) (which includes the twenty-seven member states of the European Union (EU) plus Iceland, Liechtenstein and Norway) and from Switzerland to the United States.

SAFE HARBOR

The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the “Safe Harbor Principles”) 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. The EEA also has recognized the U.S. Safe Harbor as providing adequate data protection (OJ L 45, 15.2.2001, p.47). Consistent with its commitment to protect personal privacy, After, Inc. complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. After, Inc. has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view After, Inc.’s certification, please visit http://www.export.gov/safeharbor/.  Please note that our certification is currently listed under our former business name, Fulcrum Analytics, Inc.

SCOPE

This Safe Harbor Privacy Policy (the “Policy”) applies to all personal information received by After, Inc. in the United States from the European Economic Area, in any format including electronic, paper or verbal.

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, After, Inc. or to which After, 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 After, 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, After, 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.

“After, Inc.” means After, Inc and its respective successors, subsidiaries, divisions and groups in the United States and United Kingdom.

PRIVACY PRINCIPLES

The privacy principles in this Policy are based on the Safe Harbor Principles.

NOTICE: Where After, Inc. collects personal information directly from individuals in the EEA, 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 After, Inc. discloses or may disclose that information, and the choices and means, if any, After, Inc. offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to After, Inc., or as soon as practicable thereafter, and in any event before After, Inc. uses or discloses the information for a purpose other than that for which it was originally collected.

Where After, 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.

CHOICE

After, Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (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.

For sensitive personal information, After, Inc. will give individuals the opportunity 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.

After, Inc. will provide individuals with reasonable mechanisms to exercise their choices.

DATA INTEGRITY

After, 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. After, 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.  After, Inc. will obtain assurances from its agents that they 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 Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), being subject to Swiss Federal Act on Data Protection, Safe Harbor certification by the agent, or being subject to another European Commission or Swiss FDPIC adequacy finding. Where After, Inc. becomes aware that an agent is using or disclosing personal information in a manner contrary to this Policy, After, Inc. will take reasonable steps to prevent or stop the use or disclosure.

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, After, Inc. will grant individuals reasonable access to personal information that it holds about them. In addition, After, Inc. will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.

SECURITY

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

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

DISPUTE RESOLUTION

In compliance with the US-EU Safe Harbor Principles, After, Inc. commits to resolve complaints about your privacy and our collection or use of your personal information. European Union citizens with inquiries or complaints regarding this privacy policy should first contact After, Inc. at the contacts listed under CONTACT INFORMATION below.

After, Inc. has further committed to refer unresolved privacy complaints under the US-EU Safe Harbor Principles to an independent dispute resolution mechanism, the DMA Safe Harbor Program, operated by the Direct Marketing Association. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by After, Inc., please contact the Direct Marketing Association for more information or to file a complaint at:

www.dmaresponsibility.org/safeharbor/consumers.shtml

safeharbor@the-dma.org

Safe Harbor Line, Direct Marketing Association, 1615 L Street, NW – Suite 1100, Washington, DC 20036 USA

LIMITATION ON APPLICATION OF PRINCIPLES

Adherence by After, Inc. to these Safe Harbor Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest 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:

After, Inc.

Attention: CEO

70 W. 40th St., 10th Floor

New York, NY 10018 USA

or e-mail us at info@afterinc.com.

We can also be reached by telephone at (212) 651-7000.

E-mail Address: FA-SafeHarbor@afterinc.com

CHANGES TO THIS SAFE HARBOR PRIVACY POLICY

This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. A notice will be posted on After, Inc.’s website, www.Afterinc.com, for 60 days whenever this Safe Harbor Privacy Policy is changed in a material way.  You can 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.