Evolve IP, LLC (“Evolve IP”) 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 Evolve IP obtains from Customers located in the European Union and Switzerland.
The Federal Trade Commission (FTC) has jurisdiction over Evolve IP’s compliance with the Privacy Shield.
All Evolve IP employees who handle Personal Data from Europe and Switzerland are required to comply with the Principles stated in this Policy.
Capitalized terms are defined at the end of this Policy.
This Policy applies to the processing of Individual Customer Personal Data that Evolve IP receives in the United States concerning Individual Customers who reside in the European Union and Switzerland. Evolve IP 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.)
Responsibilities and Management
Evolve IP has designated Business Operations department to oversee its information security program, including its compliance with the EU and Swiss Privacy Shield program. Business Operations 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 firstname.lastname@example.org.
Evolve IP will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. Evolve IP personnel will receive training, as applicable, to effectively implement this Policy.
Evolve IP 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, Evolve IP will conduct an in-house verification to ensure that its attestations and assertions about 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, Evolve IP will undertake the following:
- Ensure that this Policy continues to comply with the Privacy Shield principles
- Confirm that Individual Customers are made aware of the process for addressing complaints and any independent dispute resolution process (Evolve IP may do so through its publicly posted website, Individual Customer contract, or both)
- Review its processes and procedures for training Employees about Evolve IP’s participation in the Privacy Shield programs and the appropriate handling of Individual’s Personal Data
Evolve IP will undergo an outside compliance review on an annual basis.
Collection and Use of Personal Data
Evolve IP provides various solutions to its Individual Customers who purchase its products. Evolve IP collects Personal Data from Individual Customers when they purchase its products, register with our website, log-in to their account, complete surveys, request information or otherwise communicate with us. For example, Evolve IP individual customers may choose to seek live support or post to a message board.
Disclosures/Onward Transfers of Personal Data
Except as otherwise provided herein, Evolve IP 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.
Evolve IP 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, Evolve IP 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 Evolve IP and they must either:
- 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;
- or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy;
Evolve IP 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 Evolve IP 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. Evolve IP is liable for appropriate onward transfers of personal data to third parties.
Data Integrity and Security
Evolve IP uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. Evolve IP 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 Evolve IP’s electronic information systems requires user authentication via unique username and password or similar means. Evolve IP also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data.
Further, Evolve IP 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.
Accessing Personal Data
Evolve IP 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.
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 Evolve IP collected it. Individual 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 Evolve IP policies. Upon reasonable request and as required by the Privacy Shield principles, Evolve IP allows Individual Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Individual Customers may edit their Personal Data by logging into their account profile or by contacting Evolve IP 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, Individual Customers should submit an email request to email@example.com.
- Requests for Personal Data. Evolve IP 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 Evolve IP receives a request for access to his/her Personal Data from an Individual Customer, then, unless otherwise required under law or by contract with such Individual Customer, Evolve IP will refer such Data Subject to the Individual Customer.
- Satisfying Requests for Access, Modifications, and Corrections. Evolve IP will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
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.
Questions or Complaints
EU and Swiss Individual customers may contact Evolve IP with questions or complaints concerning this Policy at the following address:
Enforcement and Dispute Resolution
In compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Principles, Evolve IP commits to resolve complaints about your privacy and our collection or use of your personal information. EU and Swiss individuals with questions or concerns about the use of their Personal Data should contact us at: firstname.lastname@example.org.
If a Customer’s question or concern cannot be satisfied through this process Evolve IP has further committed to refer unresolved privacy complaints under EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield to an independent dispute resolution mechanism operated by the American Arbitration Association at http://go.adr.org/privacyshield.html.
Evolve IP commits to cooperate with EU and Swiss data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.
In addition, you may have the possibility, under certain conditions, to invoke binding arbitration for complaints involving Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. These conditions and requirements are detailed in Section C of Annex I to the Privacy Shield Principles located at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
“Individual Customer” means an Individual customer or client of Evolve IP from EU or Switzerland. The term also shall include any individual agent, representative, of an individual customer of Evolve IP and all employee of Evolve IP where Evolve IP has obtained his or her Personal Data from such Individual Customer as part of its business relationship with Evolve IP.
“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 Evolve IP 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 Evolve IP nor an Evolve IP employee, agent, contractor, or representative.