- Responsibilities & Management
- Renewal Verification
- Collection and Use of Personal Data
- Disclosures / Onward Transfers of Personal Data
- Data Integrity and Security
- Accessing Personal Data
- Right to Access, Change or Delete Personal Data
- Changes to this Policy
- Questions or Complaints
- Enforcement and Dispute Resolution
- Enforcement and Dispute Resolution
All eConsumer Services Employees who handle Personal Data from Europe are required to comply with the Principles stated in this Policy.
This Policy applies to the processing of Customer Personal Data that eConsumer Services receives in the United States concerning Customers who reside in Europe. eConsumer Services 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
eConsumer Services has designated its Legal Department to oversee its information security program, including its compliance with the Privacy Shield program. The Legal Department 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 email@example.com>.
eConsumer Services will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. eConsumer Services personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 6 for a discussion of the steps that eConsumer Services has undertaken to protect Personal Data.
Renewal / Verification
eConsumer Services will renew its Privacy Shield certification 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, eConsumer Services will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, eConsumer Services will undertake the following
- 3.3 Ensure that this Policy continues to comply with the Privacy Shield principles;
- 3.4 Confirm that Customers are made aware of the process for addressing complaints and any independent dispute resolution process (eConsumer Services may do so through its publicly posted website, Customer contract, or both);
- 3.5 Review its processes and procedures for training Employees about eConsumer Services’s participation in the Privacy Shield program and the appropriate handling of Customer Personal Data.
Collection and Use of Personal Data
eConsumer Services provides various solutions to its Customers, which are predominantly business Customers, and collects some Personal Data from Customers when they purchase our services, log-in to their account, request information from eConsumer Services, or otherwise communicate with eConsumer Services. For example, eConsumer Services’s Customers may choose to seek live support or request transactional data concerning a chargeback or the associated customer to a transaction where a chargeback has occurred.
The Personal Data that eConsumer Services collects may vary based on the Customers and their specific request for services. As a general matter, eConsumer Services may collect the following types of Personal Data from its Customers: contact information, including, a contact person’s name, work email address, work mailing address, work telephone number, title, and company name, as well as payment information (which might include credit card and/or bank account information). Customers have the option to log into their accounts online and eConsumer Services will collect information that Customers choose to provide to eConsumer Services through these portals.
eConsumer Services serves as a service provider to its Customers. In our capacity as a service provider, eConsumer Services will receive, store, and/or process Personal Data owned and/or controlled by our Customers, including information about their employees, clients, customers, agents, or other individuals. In such cases, eConsumer Services is acting as a data processor and will process the personal information on behalf of and under the direction of each Customer. The information collected from eConsumer Services’s Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Customer, and as otherwise requested by the Customer.
Disclosures / Onward Transfers of Personal Data
Except as otherwise provided herein, eConsumer Services discloses Personal Data only to a Third Party who reasonably needs to know such data. Such recipients must agree to abide by confidentiality obligations. eConsumer Services provides, upon request, Mutual Non-Disclosure Agreements for its Customers, which may be tailored based upon Customer’s individual business needs, as a means to control and limit the disclosure of Customer Personal Data.
eConsumer Services may provide Personal Data to a Third Party that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, eConsumer Services may store such Personal Data in the facilities operated by a Third Party. Such Third Party must agree to use such Personal Data only for the purposes for which they have been engaged by eConsumer Services and they must either: (1) comply with the Privacy Shield principles or another mechanism permitted by the applicable European data protection law(s) for transfers and processing of Personal Data; or (2) agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy. eConsumer Services also may disclose Personal Data for other purposes or to another Third Party when a Data Subject has consented to or requested such disclosure. In cases of onward transfer to third parties of data of EU or Swiss individuals, received pursuant to the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield, eConsumer Services is potentially liable.
Data Integrity and Security
eConsumer Services uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. eConsumer Services 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 eConsumer Services’s electronic information systems requires user authentication via password or similar means. eConsumer Services also employs access restrictions, limiting the scope of Employees who have access to Customer Personal Data. Further, eConsumer Services uses secure encryption technology to protect certain categories of Personal Data. Despite these precautions, no data security safeguards can guarantee absolute security all of the time, and as such eConsumer Services does not make any such guarantee.
Accessing Personal Data
eConsumer Services 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
- 9.1 Right to Access. Data Subjects 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 eConsumer Services collected the Personal Data. Data Subjects 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. Upon reasonable request and as required by the Privacy Shield principles, eConsumer Services allows Customers access to their Personal Data, in order to correct or amend such data where inaccurate.
Customers may edit their Personal Data by contacting eConsumer Services 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, Customers should submit a written request of the same. Persons that have submitted their Personal Data to a eConsumer Services Customer should contact the Customer in the first instance to update their data.
- 9.2 Requests for Personal Data. eConsumer Services 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 eConsumer Services receives a request for access to his/her Personal Data from a Customer’s customer, then, unless otherwise required under law or by contract with such Customer, eConsumer Services will refer such Data Subject to Customer.
- 9.3 Satisfying Requests for Access, Modifications, and Corrections. eConsumer Services 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. eConsumer Services will make Employees aware of changes to this policy, and will notify Customers if any changes are made that materially affect the way that Personal Data is handled and previously collected, and eConsumer Services will allow Customers to choose whether their Personal Data may be used in any materially different manner.
Questions or Complaints
Customers may contact eConsumer Services with questions or complaints concerning this Policy at the following address:
Enforcement and Dispute Resolution
Customers with questions or concerns about the use of their Personal Data should contact eConsumer Services at firstname.lastname@example.org. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
eConsumer Services has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship.
Under certain conditions, more fully described on the Privacy Shield Website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Capitalized terms in this Policy have the following meanings:
“Customer” means a prospective, current, or former partner (distributor or reseller), vendor, supplier, customer, or client of eConsumer Services. The term also shall include any individual agent, employee, representative, customer, or client of a eConsumer Services Customer where eConsumer Services has obtained his or her Personal Data from such Customer as part of its business relationship with the Customer.
“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 eConsumer Services 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 Economic Area.
“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.
“Third Party” means any individual or entity that is neither eConsumer Services nor a eConsumer Services employee, agent, contractor, or representative.