EU-US PRIVACY SHIELD
U.S.-SWISS SAFE HARBOR
The United States Department of Commerce and the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland have agreed on a similar set of principles and frequently asked questions to enable U.S. companies to satisfy the requirement under Swiss law that adequate protection be given to personal information transferred from Switzerland to the United States (the “U.S.-Swiss Safe Harbor”). Consistent with its commitment to protect personal privacy, NYI adheres to the principles set forth in the U.S.-Swiss Safe Harbor (the “Safe Harbor Principles”). To learn more about the US-Swiss Safe Harbor and to view our certification page, please visit http://www.export.gov/safeharbor/.
For purposes of this Policy, the following definitions shall apply:
“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, NYI or to which NYI discloses personal information for use on NYI’s behalf.
“NYI” means The New York Internet Company, Inc. and NYI-NJ, LLC, its predecessors, successors, subsidiaries, divisions and groups in the United States.
“Personal information” means any information or set of information that identifies or could be used by or on behalf of NYI 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, political opinions, religious or philosophical beliefs, trade union membership, views or activities, that concerns health or sex life, information about social security benefits, or information on criminal or administrative proceedings and sanctions other than in the context of pending proceedings. In addition, NYI will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
The privacy principles in this Policy have been developed based on the Safe Harbor Principles.
NOTICE: Where NYI 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 NYI discloses that information, the choices and means, if any, NYI offers individuals for limiting the use and disclosure of personal information about them, and how to contact NYI. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to NYI, or as soon as practicable thereafter, and in any event before NYI uses or discloses the information for a purpose other than that for which it was originally collected.
Where NYI receives personal information from its subsidiaries, 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: NYI 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, NYI will give individuals the opportunity to affirmatively and explicitly (opt-in) consent 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.
NYI will provide individuals with reasonable mechanisms to exercise their choices.
ACCOUNTABILITY FOR ONWARD TRANSFER:
In the event that NYI is required to disclose personal information to a third party NYI 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 Privacy Shield and Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), being subject to Swiss Federal Act on Data Protection, Privacy Shield Certification by the agent, Safe Harbor certification by the agent, or being subject to another European Commission or Swiss FDPIC adequacy finding (e.g., companies located in Canada). The agent will be required to notify NYI if it is no longer able to meet these obligations. Where NYI has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, NYI will take reasonable steps to prevent or stop the use or disclosure.
SECURITY: NYI will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
DATA INTEGRITY AND PURPOSE LIMITATION: NYI will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. NYI will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
ACCESS AND CORRECTION: Upon request, NYI will grant individuals reasonable access to personal information that it holds about them. In addition, NYI will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete (except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated.)
ENFORCEMENT AND LIABILITY: NYI will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that NYI determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
RECOURSE AND DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of personal information should be directed to the NYI Privacy Team at the address given below. NYI 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 NYI and the complainant, NYI 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 or to the Privacy Shield Framework:
1. for disputes involving all personal information received by NYI from Switzerland, NYI has agreed and to cooperate with the Swiss FDPIC;
a. Contact informion for the Swiss FDPIC can be found here: http://www.edoeb.admin.ch/kontakt/index.html?lang=en
2. NYI has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.
As a last resort, individuals may seek to engage in binding arbitration from the Privacy Shield Panel.
LIMITATION ON APPLICATION OF PRINCIPLES
Adherence by NYI to these Privacy Shield and Safe Harbor Principles may be limited (a) to the extent required to respond to lawful requests by public authorities; (b) to the extent necessary to meet national security or law enforcement requirements; 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 NYI Privacy Office by mail to:
NYI Privacy Team
100 William Street, Ste. 318
New York, NY 10038
Or by e-mail at firstname.lastname@example.org
This Policy may be amended from time to time, without notice.
EFFECTIVE DATE: January 1, 2006
UPDATED: September 21, 2016