The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EEA to the United States (the “U.S.-EU Safe Harbor”). The EEA also has recognized the U.S.-EU Safe Harbor as providing adequate data protection. Consistent with its commitment to protect personal privacy, the Company adheres to the principles set forth in the U.S.-EU Safe Harbor Framework (the “Safe Harbor Principles”).
For purposes of this Policy, the following definitions shall apply:
- “Company” means The Reynolds and Reynolds Company and its affiliates.
- “Agent” means any third party that collects or uses personal information under the instructions of the Company or to which the Company discloses personal information for use on the Company’s behalf.
- “Personal Information” means any information or set of information that identifies or could be used by or on behalf of the Company 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, information about social security benefits, or information on criminal proceedings other than in the context of pending proceedings.
The privacy principles in this Policy have been developed based on the Safe Harbor Principles.
NOTICE: Where the Company collects Personal Information directly from individuals in the EEA, it will inform them about the purposes for which it collects and uses Personal Information about them, the types of non-agent third parties to which the Company discloses that information, the choices and means, if any, the Company offers individuals for limiting the use and disclosure of Personal Information about them, and how to contact the Company. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information to the Company, or as soon as practicable thereafter, and in any event before the Company uses or discloses the information for a purpose other than that for which it was originally collected.
Where the Company receives Personal Information from its affiliates or other entities in the EEA, 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.
CHOICE: The Company will offer individuals the opportunity to choose (opt-out) whether their Personal Information is (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.
For Sensitive Personal Information, the Company will give individuals the opportunity to affirmatively and explicitly consent (opt-in) 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.
The Company will provide individuals with reasonable mechanisms to exercise their choices.
DATA INTEGRITY: The Company will use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. The Company will take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete, and current.
TRANSFERS TO AGENTS: The Company will obtain assurances from its Agents that they 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 Safe Harbor Principles, being subject to EU Directive, or Safe Harbor certification by the Agent. Where the Company has knowledge that an Agent is using or disclosing Personal Information in a manner contrary to this Policy, the Company will take reasonable steps to prevent or stop the use or disclosure.
ACCESS AND CORRECTION: Upon request, the Company will grant individuals reasonable access to Personal Information that it holds about them. In addition, the Company will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
SECURITY: The Company will take reasonable precautions to protect Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
ENFORCEMENT: The Company will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that the Company determines is in violation of this policy will be subject to disciplinary action, up to and including termination of employment.
DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of Personal Information should be directed to the Company Office at the address given below. The Company will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information by reference to the principles contained in this Policy. For complaints that cannot be resolved between the Company and the complainant, the Company has agreed to participate in the following dispute resolution procedures in the investigation and resolution of complaints to resolve disputes pursuant to the Safe Harbor Principles:
- for disputes involving employment-related Personal Information received by the Company from the EEA, the Company has agreed to cooperate with the data protection authorities in the EEA and to participate in the dispute resolution procedures of the panel established by the European data protection authorities;
- for disputes involving all other Personal Information received by the Company from the EEA, the Company has agreed to dispute resolution through arbitration in accordance with the commercial rules of the American Arbitration Association (“AAA”). Individuals who submit a question or concern to the Company and who do not receive acknowledgment from the Company of the inquiry or who think their question or concern has not been satisfactorily addressed should then submit a demand for arbitration with the AAA.
For information about AAA or the operation of the AAA arbitration dispute resolution process, visit AAA on the internet at www.adr.org. The AAA arbitration dispute resolution process shall be conducted in English.
LIMITATION ON APPLICATION OF PRINCIPLES
Adherence by the Company to these Safe Harbor Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest 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 Company Office by mail to:
Information Security Department
Reynolds and Reynolds
One Reynolds Way
Dayton, OH 45430
EFFECTIVE DATE: April 2013
To learn more about the Safe Harbor program, and to view the Company’s certification, please visit http://www.export.gov/safeharbor/.