Effective Date: March 1, 2020
The United States Department of Commerce, in collaboration with the European Commission and Swiss Administration, 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 and Swiss laws that adequate protection be given to personal information transferred from the EU and Switzerland to the United States.
Consistent with its commitment to protect personal privacy, Fulcrum Analytics, Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, United Kingdom and Switzerland to the United States. Fulcrum has certified to the Department of Commerce that it adheres to the Privacy Shield Privacy Principles. If there is any conflict between the terms in this Policy and the Privacy Shields Principles, the Privacy Shield Principles shall govern.
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 After, Inc. in the United States from the European Union, United Kingdom, and Switzerland, in any format including electronic, paper or verbal.
PURPOSE FOR PROCESSING PERSONAL INFORMATION
After, Inc. processes the personal information of EU, UK,and Swiss individuals for the purposes of conducting commerce transactions and analyzing website visitor activity, mainly as data processor of EU, UK, or Swiss based companies.
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. After, Inc.’s agents include service providers who fulfill services that you may be entitled to through purchases you made through an After, Inc. eCommerce site or After, Inc. an administered contract, and who would need such personal information to fulfill those services for you.
“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.
The privacy principles in this Policy are based on the Privacy Shield Principles.
Where After, Inc. collects personal information directly from individuals in the European Union, United Kingdom, and Switzerland, 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, United Kingdom and Switzerland, 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, After, 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.
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 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 Regulation EU 2016/679 (General Data Protection Regulation), 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 After, 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.
After, Inc. is liable for appropriate onward transfers of personal data to third parties who do not comply with the Privacy Shield principles.
RIGHT TO 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, 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.
After, Inc. will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
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.
After, 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.
After, Inc. has further committed to refer unresolved Privacy Shield complaints to the JAMS Foundation, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of the JAMS Foundation are provided at no cost to you.
If the complaint is not adequately resolved by JAMS, you may file a complaint with data protection authority (DPA) in the EU, UK 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 After, 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 After, 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:
1 Selleck St., 5th Fl.
Norwalk, CT 06855 USA
Or e-mail us at PrivacyShield@afterinc.com.
We can also be reached by telephone at +1 (800) 374-4728 or +1 (203) 254-5300.