The terms set forth in this Privacy Shield Policy portion of the Agreement (“Privacy Shield Policy”) extend to Advanced Discovery’s collection, use and retention of Personal Data transferred from European Union member countries and Switzerland to the United States (“EU and Swiss Personal Data”) and supplements the terms set forth elsewhere in the Terms and Conditions with respect to such EU and Swiss Personal Data. The Federal Trade Commission has jurisdiction and enforcement authority over Advanced Discovery Inc.’s compliance with this Privacy Shield Policy, the EU-U.S. Privacy Shield Framework, and the Swiss-U.S. Privacy Shield Framework. This Privacy Shield Policy applies to the following US subsidiary of Advanced Discovery: Altep, Inc. an Advanced Discovery Company.
Compliance with EU-US Privacy Shield and Swiss-U.S. Privacy Shield Frameworks
Advanced Discovery 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 transferred from the European Union and Switzerland to the United States, respectively. Advanced Discovery has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Shield Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. Advanced Discovery, in reliance on the Privacy Shield, commits to subject all EU and Swiss Personal Data to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov. The Privacy Shield List is available at https://www.privacyshield.gov/list.
Inquiries and Complaints (US-EU Privacy Shield and Swiss-U.S. Privacy Shield)
13915 N. Mopac Exwy., Ste. 210
Austin, Texas 78728
Advanced Discovery has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This body is based in the US and is designated to address complaints and provide appropriate recourse free of charge to affected individuals.
You may have the option to select binding arbitration before a Privacy Shield Panel for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your compliant directly with us and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you.
FOR HUMAN RESOURCES DATA ONLY
EU and Swiss individuals whose HR data we receive can address questions or comments regarding the handling of that information directly to us at the same contact listed above. We resolve to deal with all questions regarding this data and potential grievances arising from it in a timely manner. Note that under certain conditions we may, as a data processor, have to refer you to our client who is the data controller.
In the event Advanced Discovery is unable to accommodate the EU individual’s request regarding HR data received by us within the context of the work relationship, we further commit to working with the Data Protection Authorities (DPA’s) who cover the jurisdiction the data originated from. For information on how to contact your jurisdiction’s DPA, visit http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm
In the event we are unable to accommodate a Swiss individual’s request regarding HR data received by us within the context of the work relationship, we further commit to working with the Swiss Federal Data Protection and Information Commissioner (FDPIC) who covers the jurisdiction the data originated from. For information on how to contact your jurisdiction’s Commissioner, visit https://www.edoeb.admin.ch/index.html?lang=en
EU and Swiss Personal Data Collection, Use, and Disclosure
The EU and Swiss Personal Data we receive may include, but is not limited to, your email address, name, phone number, postal address, and other information. We will only process EU and Swiss Personal Data in ways that are compatible with the purpose for which we collected it, or for purposes the individual later authorizes. We process sensitive EU and Swiss Personal Data for the following purposes: forensic collections, eDiscovery processing, hosting, review, and traditional litigation support services. When we collect sensitive EU and/or Swiss Personal Data, we will obtain your opt-in consent where the Privacy Shield requires, including if we disclose your sensitive EU and/or Swiss Personal Data to non-agent third parties, or before we use your sensitive EU and/or Swiss Personal Data for a different purpose than we collected it for or than you later authorized.
Advanced Discovery acknowledges that EU and Swiss individuals have the right to access their Personal Data that we maintain about them. Advanced Discovery will also provide an individual opt-out choice before we share their Personal Data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate EU or Swiss Personal Data, or who wishes to limit the use and disclosure of their Personal Data, should direct their query to email@example.com. If requested to remove Personal Data, we will respond within a reasonable timeframe.
Advanced Discovery limits disclosure of Personal Data to employees and other trusted third party business advisory and expert services firms that provide bibliographic coding, human/machine language translation, backup tape restoration, forensic collections/analysis, traditional litigation support, contract attorney review services and quality control services in whole or in part, on our behalf and who have a specific business purpose for collecting, maintaining, reviewing and processing such Personal Data. Where required by the Privacy Shield Policies, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield Policies require and limiting their use of the EU and/or Swiss Personal Data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process EU and/or Swiss Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of EU and Swiss Personal Data that we transfer to them.
Compliance with Law Enforcement
Advanced Discovery may be required to disclose EU-Swiss Personal Data in response to a lawful request by public authorities, including the need to meet national security or law enforcement requirements.
Advanced Discovery Inc. is committed to safeguarding client confidences, including any personal information received from or about our clients in the course of an engagement.
Advanced Discovery Inc. provides electronic discovery, computer forensics and litigation support services. Advanced Discovery Inc. utilize web-based software for storage, review and production of electronic documents. In the course of providing these services, Advanced Discovery adheres to strict confidentiality standards, non-disclosure agreements, and privacy policies related to the use of information obtained from its customers, including personal information collected directly from customers or otherwise provided to Advanced Discovery Inc. to enable the delivery of its services.
Advanced Discovery Inc. is committed to customer privacy. Because we receive important information about our customers and their customers in connection with the operation of our website, administration of our secured client portal, and delivery of our eDiscovery services, we have established this Privacy Statement to communicate our information storage and dissemination practices. We reserve the right to change our Privacy Statement at any time. If we modify our Privacy Statement, we will provide notification of the changes on our website at least thirty (30) days prior to the date the change becomes effective.
Customers and their counsel who register to use our services are required to provide us with the following information: (i) company contact information including the customer’s name, company name, address, telephone number and e-mail address; (ii) company financial qualifications and billing information including the name and address of customer’s billing contact; and (iii) the number of users within the organization who will be using our web-based services. We may also ask for additional personal information such as title, department name, fax number or additional company information such as the location of the employees.
We use the information that we collect to set up the services for individuals and their organizations. Customer (and their counsel’s) email addresses and any personal customer information is not distributed to or shared with third parties without prior written permission. Additionally, users have the right to not approve any transfer of personal information according to the client agreement.
As part of Advanced Discovery Inc.’s services, we host customer provided data and materials (“Data”) through our secure web-based client portal. Advanced Discovery Inc. will not review, share, distribute, print or reference any customer’s Data except as provided in the Advanced Discovery Inc. client retention agreement (“Agreement”) entered into between Advanced Discovery Inc. and its customer and their counsel, or as may be required by law, regulatory authority or court order.
Individual records may at times be viewed or accessed by Advanced Discovery Inc. for the purpose of resolving a problem or support issue. Our customers and their counsel are responsible for maintaining the confidentiality and security of their user registration(s) and password(s). Upon completion of work on a matter subject to an Advanced Discovery Inc. client Agreement, the Data related to that matter is deleted from Advanced Discovery Inc.’s records and destroyed, and media items supplied by the customer are returned.
Advanced Discovery Inc. may also collect certain information from customers such as Internet addresses. This information is logged to help diagnose technical problems and to administer our website in order to improve the quality of the services that we provide. We may track and analyze non-identifying and aggregate usage and volume statistical information from our website and provide such information to third parties.
Advanced Discovery’ website has security measures in place to help protect against the loss, misuse and alteration of the Data under our control. When our website is accessed using Microsoft Internet Explorer versions 6.0 or higher or other web browsers such as FireFox or Safari, Secure Socket Layer (SSL) technology protects our customer information using both server authentication and data encryption to help ensure that a customer’s Data is safe, secure, and available only to the customer. Advanced Discovery also implements a secure software user interface based on 128-bit encryption of user login sessions and hosts the client portal in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. Our firm has retained an independent firm to monitor and safeguard our hardware and software on a continuous basis (24/7/365) to provide our clients and their counsel with a very high-level of information security. Advanced Discovery provides unique user names and passwords that must be entered each time a customer logs on to the firm’s client portal.
These safeguards help to prevent unauthorized access, maintain data privacy and ensure the appropriate use of Data. In the event of a breach of the security of our client portal, we will promptly investigate the breach and take all reasonable measures to prevent future breaches. Any individual suspected of aiding or causing a breach of the security of our client portal will be brought to the attention of the legal authorities and we will cooperate in the prosecution of such individual(s).
In order for you to access certain services and to experience products that we offer via the website, we sometimes ask you to provide us with information, at the point of download, that personally identifies you (“Personal Information”). Personal Information may include data such as your name, mailing and e-mail addresses. If you communicate with us by e-mail, any information provided in the communication may be collected as Personal Information. If you choose not to
provide us with any Personal Information, you can still access and use much of the website; however you will not be able to access and use those portions of the website that require your Personal Information.
Personal Information will not be used to track your behavior. To have your Personal Information removed from our corporate database, please contact: firstname.lastname@example.org.
The website contains links to other websites. We are not responsible for the privacy practices of these other websites.
We reserve the right to change our Privacy Statement at any time. If we modify our Privacy Statement, we will provide notification of the changes on our website at least thirty (30) days prior to the date the change becomes effective.