Delv Privacy Shield Policy

 

Effective as of May 25, 2018. Last updated August 6, 2018

Delv Global Solutions LLC (“Delv”), the U.S. member firm, 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 Data (as defined below) from European Union member countries and Switzerland. Delv has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability.  If there is any conflict between the policies in this Delv Privacy Shield Policy (“Privacy Shield Policy”) and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

 

1. Definitions

“Data Subject” means the individual to whom any given Personal Data covered by this Privacy Shield Policy refers.

“Personal Data” means any information relating to an individual residing in the European Union and Switzerland that can be used to identify that individual either on its own or in combination with other readily available data.

“Sensitive Personal Data” means Personal Data regarding an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, physical or mental health, or sexual life.

“Agent” means a third party, which was entrusted by Delv to process personal data.

“Delv” means Delv Global Solutions LLC hereinafter referred to as the “Personal Data Controller”

For the purposes of this Policy, references to “Privacy Shield” shall be references to the EU-US Privacy Shield Framework and to the Swiss-US Privacy Shield Framework, as applicable, and references to “Privacy Shield Principles” shall be references to the applicable privacy principles contained within the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework respectively.

 

2. Scope and Responsibility

This Privacy Shield Policy applies to Personal Data transferred from European Union member countries and Switzerland to Delv’s operations in the U.S. in reliance on the respective Privacy Shield framework and does not apply to Personal Data transferred under Standard Contractual Clauses or any approved derogation from the EU Directive.

Some types of Personal Data may be subject to other privacy-related requirements and policies. For example:

  • Personal Data regarding and/or received from Data Subject may be also subject to any specific agreement with, or notice to, the Data Subject, as well as additional applicable laws and professional standards.
  • Employees and Applicants for Employment’s personal and employment relationship data (HR data) is subject to internal human resource policies including the “Human Resources Data Privacy Policy”

All employees of Delv that have access in the U.S. to Personal Data covered by this Privacy Shield Policy are responsible for conducting themselves in accordance with this Privacy Shield Policy. Adherence by Delv to this Privacy Shield Policy may be limited to the extent required to meet legal, regulatory, governmental, or national security obligations, but Personal Data covered by this Privacy Shield Policy shall not be collected, used, or disclosed in a manner contrary to this policy without the prior written permission from Delv.

Delv employees responsible for engaging third parties to which Personal Data covered by this Privacy Shield Policy will be transferred are responsible for obtaining appropriate assurances that such third parties have an obligation to conduct themselves in accordance with the applicable provisions of this Privacy Shield Principles, including any applicable contractual assurances required by Privacy Shield.

 

3. Privacy Shield Principles

Delv commits to subject to the Privacy Shields’ Principles all Personal Data received by Delv in the U.S. from European Union member countries and Switzerland in reliance on the respective Privacy Shield framework.

Notice

Delv notifies Data Subjects covered by this Privacy Shield Policy about Delv’s data practices regarding Personal Data received by Delv in the U.S. from European Union member countries and Switzerland in reliance on the respective Privacy Shield framework, including the types of Personal Data it collects about them, the purposes for which it collects and uses such Personal Data, the period during which the data will be processed, the types of third parties to which it discloses such Personal Data and the purposes for which it does so, the rights of Data Subjects to access their Personal Data, the choices and means that Delv offers for limiting its use and disclosure of such Personal Data, how Delv’s obligations under the Privacy Shield are enforced, and how Data Subjects can contact Delv with any inquiries or complaints

 

Choice

If Personal Data covered by this Privacy Shield Policy is to be used for a new purpose that is materially different from that for which the Personal Data was originally collected or subsequently authorized or is to be disclosed to a non-agent third party, Delv will provide Data Subjects with an opportunity to choose whether to have their Personal Data so used or disclosed. Requests to opt out of such uses or disclosures of Personal Data should be sent to: gdpr@delvglobal.com

If Sensitive Personal Data covered by this Privacy Shield Policy is to be used for a new purpose that is different from that for which the Personal Data was originally collected or subsequently authorized, or is to be disclosed to a third party, Delv will obtain the Data Subject’s explicit consent prior to such use or disclosure.

 

Accountability for Onward Transfer

In the event Delv transfers Personal Data covered by this Privacy Shield Policy to a third party acting as a controller, Delv will do so consistent with any notice provided to Data Subjects and any consent they have given, and only if the third party has given Delv contractual assurances that it will

  • process the Personal Data for limited and specified purposes consistent with any consent provided by the Data Subjects,
  • provide at least the same level of protection as is required by the Privacy Shield Principles and notify Delv if it makes a determination that it cannot do so; and
  • cease processing of the Personal Data or take other reasonable and appropriate steps to remediate if it makes such a determination.

If Delv has knowledge that a third party acting as a controller is processing Personal Data covered by this Privacy Shield Policy in a way that is contrary to the Privacy Shield Principles, Delv will take reasonable steps to prevent or stop such processing.

With respect to Delv’s agents, Delv will transfer only the Personal Data covered by this Privacy Shield Policy needed for an agent to deliver to Delv the requested product or service. Furthermore, Delv will

  • permit the agent to process such Personal Data only for limited and specified purposes;
  • require the agent to provide at least the same level of privacy protection as is required by the Privacy Shield Principles;
  • take reasonable and appropriate steps to ensure that the agent effectively processes the Personal Data transferred in a manner consistent with Delv’s obligations under the Privacy Shield Principles; and
  • require the agent to notify Delv if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles.  Upon receiving notice from an agent that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, Delv will take reasonable and appropriate steps to stop and remediate unauthorized processing.

Delv remains liable under the Privacy Shield Principles if an agent processes Personal Data covered by this Privacy Shield Policy in a manner inconsistent with the Principles, except where Delv is not responsible for the event giving rise to the damage.

 

Security

Delv takes reasonable and appropriate measures to protect Personal Data covered by this Privacy Shield Policy from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into due account the risks involved in the processing and the nature of the Personal Data.

 

Data Integrity and Purpose Limitation

Delv limits the collection of Personal Data covered by this Privacy Shield Policy to information that is relevant for the purposes of processing. Delv does not process such Personal Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the Data Subject.

Delv takes reasonable steps to ensure that such Personal Data is reliable for its intended use, accurate, complete, and current. Delv takes reasonable and appropriate measures to comply with the requirement under the Privacy Shield to retain Personal Data in identifiable form only for as long as it serves the purpose of processing, which includes Delv’s obligations to comply with professional standards, Delv’s business purposes and unless a longer retention period is permitted by law, and it adheres to the Privacy Shield Principles for as long as it retains such Personal Data.

 

Access

Data Subjects whose Personal Data is covered by this Privacy Shield Policy have the right to access such Personal Data and to correct, amend, or delete such Personal Data if it is inaccurate or has been processed in violation of the Privacy Shield Principles (except when the burden or expense of providing access, correction, amendment, or deletion would be disproportionate to the risks to the Data Subject’s privacy, or where the rights of persons other than the Data Subject would be violated).  Requests for access, correction, amendment, or deletion should be sent to: gdpr@delvglobal.com

 

Recourse, Enforcement, and Liability

Delv’s participation in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework  is subject to investigation and enforcement by the Federal Trade Commission.

In compliance with the Privacy Shield Principles, Delv commits to resolve complaints about Data Subject’s privacy and Delv’s collection or use of personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Delv at: gdpr@delvglobal.com

Delv commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to data transferred from the EU and Switzerland. The EU DPA panel may be contacted at ec-dppanel-secr@ec.europa.eu and the EU DPAs may be contacted directly via the information provided at http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm

 

If a Privacy Shield complaint cannot be resolved through the above-mentioned channels, under certain conditions, the Data Subject 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

Under certain conditions detailed in the Privacy Shield, Data Subjects may be able to invoke binding arbitration before the Privacy Shield Panel to be created by the U.S. Department of Commerce and the European Commission.

Delv agrees to annually review and verify its compliance with the Privacy Shield Principles, and to remedy any issues arising out of failure to comply with the Privacy Shield Principles. Delv acknowledges that its failure to provide an annual self-certification to the U.S. Department of Commerce will remove it from the Department’s list of Privacy Shield participants.

 

4. Changes to this Privacy Shield Policy

This Privacy Shield Policy may be amended if needed to be consistent with the requirements of the Privacy Shield. Appropriate notice regarding such amendments will be published by Delv on company website.

 

5. Contact information

For complaints, questions or information regarding our Privacy Policy and Privacy Shield participation, please contact us at:

Email – gdpr@delvglobal.com

Mail – Delv Global Solutions LLC, 535 Fifth Avenue, New York, New York 10017

We will respond to your complaints or inquiries within a reasonable time but in no event later than 45 days.