This LO2 Privacy Shield Policy (“Policy”) describes how LO2 and its subsidiaries and affiliates in the United States (“US”) collect, use, and disclose certain personally identifiable information that we receive in the US from the European Union (“EU Personal Data”) and Switzerland (“Swiss Personal Data” and combined with EU Personal Data, “Personal Data”). This Policy applies to all of our US legal entities, subsidiaries and/or affiliates. This Policy supplements our Privacy Statement, and unless specifically defined in this Policy, the terms in this Policy have the same meaning as in the Privacy Statement.
LO2 recognizes that the EU and Switzerland have established strict protections regarding the handling of Personal Data, including requirements to provide adequate protection for Personal Data transferred outside of the EU. To provide adequate protection for all Personal Data regarding consumers, clients, suppliers, business partners, job applicants and employees received in the US, LO2 has elected to adhere to the EU-US Privacy Shield Framework and the Swiss–U.S. Privacy Shield Framework administered by the US Department of Commerce (“Privacy Shield”). LO2 adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability.
For purposes of enforcing compliance with the Privacy Shield, LO2 is subject to the investigatory and enforcement authority of the US Federal Trade Commission.
Further, LO2 is required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Personal Data Collection and Use
We may receive the following categories of Personal Data in the US: an individual’s name, whether or not in combination with an individual’s country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, email address, user ID, password, and other identification numbers.
We process Personal Data for the following purposes: to provide our services, including with respect to billing, identification and authentication, to contact and communicate with our clients regarding our services, to profile prospective clients, to build our mailing list for information distribution (subject to legal requirements including opt-out options), and for employment-related purposes including to process employment-related data in the US and evaluate job candidates. Data subjects whose personally identifiable information we process include consumers, clients including individuals, law firms, companies and other legal persons, suppliers, business partners, job applicants, independent contractors, and employees.
We will only process Personal Data in ways that are compatible with the purpose of collection, or for purposes, the individual later authorizes. Before we use your Personal Data for a purpose that is materially different than the purpose we collected it for, or that you later authorized, we will provide you with the opportunity to opt out. We maintain reasonable procedures to help ensure that Personal Data is reliable for its intended use, accurate, complete, and current.
We may collect the following categories of sensitive Personal Data including but not limited to: race, religion, social status medical history, criminal history and the fact that the person suffered damages by a crime. When we collect sensitive Personal Data we will obtain your opt-in consent where the Privacy Shield requires, including if we disclose your sensitive Personal Data to third parties, or before we use your sensitive Personal Data for a different purpose than we collected it for or than you later authorized. Certain exceptions to our obligation to obtain affirmative opt-in consent to process sensitive personal data are where the processing is: (i) in the vital interests of the individual or another person; (ii) necessary for the establishment of legal claims or defenses; (iii) required to provide medical care or diagnosis; (iv) carried out in the course of legitimate activities by certain foundations, associations, or other non-profit bodies; (v) necessary to carry out employment law-related obligations; (vi) related to data made public by the individual.
LO2 commits to cooperate with EU and Switzerland data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.
Data Transfers to Third Parties
Third-Party Agents or Service Providers
We may transfer Personal Data to our third-party agents or service providers who perform functions on our behalf, as described in our Privacy Statement or in this Policy. Where required by the Privacy Shield, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection that Privacy Shield requires and limiting their use of the 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 Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing.
Third-Party Data Controllers
In some cases, we may transfer Personal Data to unaffiliated third-party data controllers. These third parties do not act as agents or service providers and are not performing functions on our behalf. We may transfer your Personal Data to third-party data controllers for the purposes described in our Privacy Statement or this Policy. We will only provide your Personal Data to third-party data controllers where you have not opted-out of such disclosures, or in the case of sensitive Personal Data, where you have opted-in if the Privacy Shield requires consent. We enter written contracts with any unaffiliated third-party data controllers requiring them to provide the same level of protection for Personal Data the Privacy Shield requires. We also limit their use of your Personal Data so that it is consistent with any consent you have provided and with the notices you have received. If we transfer your Personal Data to one of our affiliated entities within our corporate group, we will take steps to ensure that your Personal Data is protected with the same level of protection the Privacy Shield requires.
Disclosures for National Security or Law Enforcement
Under certain circumstances, we may be required to disclose your Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.
We maintain reasonable and appropriate security measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.
You may have the right to access the Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances, or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances, we may charge a reasonable fee for access to your information.
Questions or Complaints
You can direct any questions or complaints regarding the use or disclosure of your Personal Data to us at email@example.com. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your Personal Data within 45 days of receiving your complaint. For any unresolved human resources data-related complaints, we agree to cooperate with the EU and Switzerland data protection authorities or authorities concerned in conformity with the Supplemental Principles on Human Resources Data and the Role of the Data Protection Authorities and comply with the advice given by such authorities.
You may have the option to select binding arbitration 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; and (2) 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 more information on binding arbitration, see US Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration).
If you have any questions about this Policy or would like to request access to your Personal Data, please contact us as follows: firstname.lastname@example.org.
Changes to this Policy
We reserve the right to amend this Policy from time to time consistent with the Privacy Shield’s requirements.
Effective Date: November 12, 2020
Last modified: November 12, 2020