PROACTIVE TECHNOLOGY SYSTEMS, L.L.C.
UNITED STATES-EUROPEAN UNION PRIVACY SHIELD STATEMENT
Proactive Technology Systems, LLC (“PTS” or the “Company”) is a limited liability company formed under the laws of the State of New Jersey in the United States of America. The Company has its principal place of business located at 12 Partridge Run, Flemington, NJ 08822. This statement sets forth the privacy standards that PTS utilizes to collect, retain, and use personal information obtained from individuals located within the European Union (“EU”) and the European Economic Area (“EEA”) (the EU and the EEA collectively, “EU”). This statement (“Privacy Shield Statement”) is published in accordance with the requirements set forth in the framework adopted between the European Commission and the United States (“US”) Department of Commerce establishing the EU-US Privacy Shield for data privacy and security standards. It is PTS’s policy to respect, and protect, personally identifiable information from individuals in the EU as set forth in this Privacy Shield Statement. PTS acknowledges that it is subject to the investigatory and enforcement powers of the FTC of the United States of America.
What Is the EU-US Privacy Shield?
The EU-US Privacy Shield is a framework allowing entities in the US to voluntarily certify that they will maintain certain privacy practices consistent with the EU-US Privacy Shield. Companies that certify indicate that they have developed, and will follow, data privacy and security standards for personal information received from the EU that have been jointly accepted by the European Commission and the US Department of Commerce, allowing for the transfer of such personal information to the US. PTS has certified to the EU-US Privacy Shield. For more information about the EU-US Privacy Shield please visit https://www.privacyshield.gov .
What Is the Scope of this Statement?
“Data” means Personal Data (as defined below) and Sensitive Data (as defined below) collectively which is received from, or about, persons located within the EU.
“Personal Data” means information received from, or about, persons located in the EU that relates to an identified or identifiable individual, including information that can be linked to an identified or identifiable individual. This can include name, mailing address, email address, or other basic contact information. Personal Data may also include “Sensitive Data.” Personal Data can include information supplied to us by you, or which is received from other sources.
“Sensitive Data” is a subset of Personal Data that is information from, or about, persons located in the EU relating to medical or health status; racial or ethnic background; political opinions, religious or philosophical beliefs, trade union membership, information relating to sex life or sexual orientation, and information relating to actual or alleged criminal history. Sensitive Data also includes any information that you (or the person/entity from which the information was obtained) advise(s) us is sensitive or should be treated as sensitive.
“Transfer” or “Transferred” includes communicating, disclosing, or accessing by electronic or other means, whether at the premises where the information is physically located, by remote access, or otherwise.
“Third Party” or “Third Parties” means a business partner, vendor, or contractor.
“We,” “our,” or “us” (whether or not capitalized) means PTS.
General: The EU-US Privacy Shield establishes several privacy principles that an entity in the US must adopt and follow in order to obtain, and maintain, Privacy Shield certified status (the “Principles”). The Principles have been formed by documents and Frequently Asked Questions (“FAQ”) and responses to those FAQ, exchanged between the European Commission and the US Department of Commerce. The FAQ to which this Privacy Shield Statement refer are the FAQ set forth in the EU-US Privacy Shield framework. The Principles, and PTS’s publication of adherence to those Principles, are set forth as follows:
Notice: If you are asked to submit Data to us, we will advise you of the types of Data we may collect about you, the purposes for which we collect and use your Data, and the types of third-parties to which we may disclose your Data. Notice will be provided in clear and conspicuous language at the time of collection, or as soon thereafter as is practicable before disclosing it to a third-party. We will also advise you of any new uses for which we may collect and use your Data as soon thereafter as is practicable. Depending upon the type of Data which you are asked to submit, we may advise you in different ways, including electronically if you are asked to submit information via e-mail or through a website or portal of ours. We will also advise you how to contact us with any inquires or complaints about the collection, use, or handling of your Data.
Consistent with the Principles, we may not be in a position to be able to provide you with notice prior to disclosing your Data under certain limited circumstances such as, if we have to respond to a subpoena or other legal process, if disclosure is allowed under law, or if we need to disclose such information for other legitimate purposes which might include preventing fraud, protecting the Data, and/or guarding against or defending any potential liability.
Choice: With respect to Personal Data, we will offer you the opportunity to decide whether your Personal Data should be disclosed to a third-party, or if your Personal Data is to be used for a purpose incompatible with the purpose for which it was originally collected. With respect to Personal Data, we will provide at least “opt-out” notice. “Opt-out” means that when you are advised of the types of Personal Data, proposed use, and types of parties to whom it may be disclosed, if you do not affirmatively take some action indicating that you do not wish us to collect, use, or disclose your Personal Data, we will deem your inaction an implicit consent to collect, use, and/or disclose your Personal Data.
In the event that the Data is, or includes, Sensitive Data, you will be given the ability to explicitly choose whether the Sensitive Data may be disclosed to a third-party, or if the Sensitive Data is to be used for a purpose incompatible with the purpose for which it was originally collected by explicit opt-in choice. “Opt-in” choice means that when you are advised of the types of Sensitive Data, proposed use, and types of parties to which it may be disclosed, if you do not affirmatively take some action indicating that you specifically consent to allow us to collect, use, or disclose your Sensitive Data, then you will not have consented to the collection, use, or disclosure of your Sensitive Data for a purpose other than those for which it was first collected or subsequently authorized by you.
We will advise you with clear conspicuous, readily available, and affordable mechanisms to exercise your choice.
Accountability for Onward Transfer: We will only Transfer your Data to third-parties if the third-parties: have provided satisfactory written assurances that they will adhere to privacy practices providing at least the same level of privacy protection as set forth in this statement. If we have knowledge that a party to which we transfer information is using or sharing the Data in a way contrary to the principles set forth in this statement, we will take reasonable steps to attempt to stop or prevent the processing. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, PTS is potentially liable.
Security: We take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, and destruction. To the extent that we have any Sensitive Data, we will take appropriate care to protect the Sensitive Data from loss, misuse, unauthorized access, disclosure, alteration, and destruction.
Data Integrity and Purpose Limitation: The Data we collect will be necessary for, and related to, the purposes for which it has been collected. We will not process Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual concerned. We will take reasonable steps to ensure that the Data is reliable, accurate, complete, and current for its intended use.
Access and Recourse: We will provide you with reasonable access to your Data so that you may review what information we may have about you. You may request corrections, deletions, or additions as may be reasonably appropriate, except where the burden or expense of providing access would be disproportionate to the risks to your privacy, or where the rights of other persons would be violated.
Enforcement and Liability: We have established mechanisms to verify our ongoing compliance with these Principles. We encourage any person who has questions or complaints about our privacy practices under this statement to contact us at the contact information set forth below. We will seek to investigate any claims, address any concerns, and resolve any disputes made concerning the handling of Data in connection with the Principles of this Privacy Shield Statement. We will take steps to remedy any breaches of the Principles of this Privacy Shield Statement.
Limitation on Scope of Principles:
Our adherence to these principles may be limited to the extent required to meet legal, governmental, national security, or public interest obligations.
Proactive Technology Systems, LLC
12 Partridge Run
Flemington, NJ 08822
Attn: Privacy Officer Greg Miller
PTS has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
Last Resort Binding Arbitration:
Under certain limited conditions, individuals may also invoke binding arbitration before the Privacy Shield Panel to be created by the U.S. Department of Commerce and the European Commission.