This Policy applies to the processing of Individual Customer Personal Data that DATATRAK may receive in the United States concerning Individual Customers or legal entities which reside in the European Union and Switzerland.
Privacy Shield Policy
DATATRAK International, Inc. (“DATATRAK”) has adopted this Privacy Shield Policy (“Policy”) to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that DATATRAK may obtain from Customers located in the European Union and Switzerland.
The Federal Trade Commission (FTC) has jurisdiction over DATATRAK’s compliance with the Privacy Shield.
I. EXPANDED SCOPE
This Policy applies to the processing of Individual Customer Personal Data that DATATRAK may receive in the United States concerning Individual Customers who reside in the European Union and Switzerland. DATATRAK 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.)
II. RESPONSIBILITIES AND MANAGEMENT
DATATRAK has designated the Quality Assurance Department to oversee its information security program, including its compliance with the EU – U.S. and Swiss-U.S. Privacy Shield Framework. The Quality Assurance 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 privacyshield@DATATRAK.com.
DATATRAK will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it may collect. DATATRAK personnel will receive training, as applicable, to successfully implement this Policy.
III. RENEWAL / VERIFICATION
DATATRAK will renew its EU-U.S. and Swiss-U.S. Privacy Shield certifications as required unless it is determined that it no longer needs such certification or if it employs a different adequacy mechanism.
Before the re-certification, DATATRAK will conduct an in-house verification to ensure that its attestations and assertions concerning its treatment of Individual Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, DATATRAK will undertake the following:
- Ensure that this Policy continues to comply with the EU-U.S. and Swiss-U.S. Privacy Shield principles
- Confirm that Individual Customers are made aware of the process for addressing complaints and any independent dispute resolution process (DATATRAK may do so through its publicly posted website, Individual Customer contract, or both)
- Review its processes and procedures for training Employees about DATATRAK’s participation in the EU-U.S. and Swiss-U.S. Privacy Shield programs and the appropriate handling of Individual’s Personal Data
DATATRAK will prepare an internal verification statement on an annual basis.
IV. COLLECTION AND USE OF PERSONAL DATA
DATATRAK provides various solutions to its Individual Customers who purchase its products. DATATRAK collects Personal Data from Individual Customers when they purchase its products, register with our website, log-in to their account, complete surveys, request information or otherwise communicate with us. For example, DATATRAK individual customers may choose to seek live support or contact our Customer Service Department.
The Personal Data that we collect may vary based on the Individual Customer’s interaction with our website and request for our services. As a general matter, DATATRAK collects the following types of Personal Data from its Individual Customers: contact information, including, a contact person’s name, work email address, work mailing address, work telephone number, title, and company name. Individual customers have the option to log into their accounts online and to request service online, including through a live support option; we will collect information that they choose to provide to us through these portals.
When Individual Customers use our services online, we will collect their IP address and browser type. We may associate IP address and browser type with a specific customer. We also may collect Personal Data from persons who contact us through our website to request additional information; in such a situation, we would collect contact information (as discussed above) and any other information that the person chooses to submit through our website.
The information that we collect from Individual Customers is used for selling the products and services they buy from us, managing transactions, reporting, invoicing, renewals, other operations related to providing services and products to the Individual Customer.
For certain products, DATATRAK serves as a service provider. In our capacity as a service provider, we may receive, store, and/or process Personal Data. In such cases, we are acting as a data processor and will process the data on behalf of and under the direction of our partners and/or agents. The information that we collect from our Individual Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Individual Customer, and as otherwise requested by our partner and/or agent.
DATATRAK uses Personal Data that it collects directly from its Individual Customers and for its partners indirectly in its role as a service provider for the following business purposes, without limitation:
- maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to an Individual Customer);
- satisfying governmental reporting, tax, and other requirements (e.g., import/export);
- storing and/or processing data, possibly including Personal Data entered by Individual Customers, in computer databases and servers located in the United States;
- verifying identity (e.g., for online access to accounts);
- data as requested by the Individual Customer;
- for other business-related purposes permitted or required under applicable local law and regulation;
- as may otherwise be required by law.
V. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided herein, DATATRAK discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
DATATRAK may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, DATATRAK may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by DATATRAK and they must either:
- comply with the Privacy Shield principles or another mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of Personal Data;
- or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy;
DATATRAK also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that DATATRAK may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. DATATRAK is liable for appropriate onward transfers of personal data to third parties.
VI. SENSITIVE DATA
DATATRAK does not collect Sensitive Data from its Individual Customers.
VII. DATA INTEGRITY AND SECURITY
DATATRAK uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. DATATRAK has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to DATATRAK’s electronic information systems requires user authentication via password or similar means. DATATRAK also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data.
Further, DATATRAK uses secure encryption technology to protect certain categories of personal data. Despite these precautions, it is acknowledged that no data security safeguards guarantee 100% security all of the time.
IX. ACCESSING PERSONAL DATA
DATATRAK 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.
X. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
- Right to Access. Individual Customers 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 DATATRAK collected it. Individual Customers 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 and DATATRAK policies. Upon reasonable request and as required by the Privacy Shield principles, DATATRAK allows Individual Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Individual Customers may edit their Personal Data contacting DATATRAK by phone or email. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. Subject to legal contracts and applicable law, Data Subjects may request erasure of Personal Data. Individual Customers should submit a written request to DATATRAK.
- Requests for Personal Data. DATATRAK 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 DATATRAK receives a request for access to his/her Personal Data from an Individual Customer, then, unless otherwise required by law or by contract with such Individual Customer, DATATRAK will refer such Data Subject to the Individual Customer.
- Satisfying Requests for Access, Modifications, and Corrections. DATATRAK will endeavor to respond promptly to all reasonable written requests to view, modify, or inactivate Personal Data.
- Clinical Trial Participants: As DATATRAK is a data processor, individual clinical trial participants who seek to access, correct, amend or delete personal data, should contact the Individual Customer (the data controller) who submitted their personal data to our platform or applications.
XI. 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. We will make employees aware of changes to this policy either by posting to our intranet, through email, or other means. DATATRAK will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
XII. QUESTIONS OR COMPLAINTS
EU and Swiss Data Subjects and Individual customers may contact DATATRAK with questions or complaints concerning this Policy at the following address:
XIII. ENFORCEMENT AND DISPUTE RESOLUTION
For complaints that cannot be resolved by DATATRAK and the complainant, DATATRAK agrees to cooperate with JAMS – an independent dispute resolution mechanism, under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. 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/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint. The services of JAMS are provided at no cost to you.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], individuals may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
With respect to emails, EU and Swiss Persons may opt-out of receiving further email communications from DATATRAK or DATATRAK clients by following opt-out instructions that are contained in the bottom of any marketing email communication you receive.
XIV. DEFINED TERMS
Capitalized terms in this Privacy Shield Policy have the following meanings:
“Individual Customer” means an Individual customer or client of DATATRAK from the EU or Switzerland. The term also shall include any individual agent, representative, of an individual customer of DATATRAK and all employees of DATATRAK where DATATRAK has obtained his or her Personal Data from such Individual Customer as part of its business relationship with DATATRAK.
“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 DATATRAK or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area as defined by the EU.
“Europe” or “European” refers to a country in the European Union.
“Personal Data” are data about an identified or identifiable individual that are within the scope of the Directive, received by an organization in the United States from the European Union or Switzerland, and recorded in any form. 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.
“Sensitive Data” as defined under the Swiss-U.S. Privacy Shield Framework means personal information specifying medical or health conditions, personal sexuality, racial or ethnic origin, political opinions, religious, ideological or trade union related views or activities, or information on social security measures or administrative or criminal proceedings and sanctions, which are treated outside pending proceedings.
“Third Party” means any individual or entity that is neither DATATRAK nor a DATATRAK employee, agent, contractor, or representative.