Privacy Shield Policy of Olenick & Associates, inc.
WHAT IS THIS POLICY?
1.1 This Privacy Shield Policy (Policy) describes how Olenick & Associates, Inc., a company registered in Illinois USA, with trading address at 205 W Wacker Drive, Suite 1600, Chicago, IL 60606 (we, us, our) collect, use, and disclose certain personally identifiable information that we receive in the US from the European Economic Area (EEA Personal Data).
1.2 This Policy supplements our Standard Privacy Notice located at www.olenick.com and deals specifically with our requirements under the Privacy Shield (as explained in more detail below). Nothing in this Policy is intended to waive, diminish or contradict our obligations under applicable data protection law or those undertakings set out in our Standard Privacy Notice.
1.3 Unless specifically defined in this Policy, the terms in this Policy have the same meaning as in our Standard Privacy Notice.
WHAT IS THE EU-US PRIVACY SHIELD?
2.1 We recognize that the EEA has established strict protections regarding the handling of EEA Personal Data, including requirements to provide adequate protection for EEA Personal Data transferred outside of the EEA. To provide adequate protection for certain EEA Personal Data (the groups of Data Subjects detailed in our Standard Privacy Notice and received by us in the US), we have elected to self-certify to the EU-US Privacy Shield Framework administered by the US Department of Commerce (Privacy Shield). We adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability.
2.2 For purposes of enforcing compliance with the Privacy Shield, we are subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, please see the US Department of Commerce’s Privacy Shield website located at: https://www.privacyshield.gov. To review our representation on the Privacy Shield list, see the US Department of Commerce’s Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.
PERSONAL DATA COLLECTION AND USE
3.1 Our Standard Privacy Notice describes the categories of EEA Personal Data that we may receive in the US as well as the purposes for which we use that EEA Personal Data. We will only process EEA Personal Data in ways that are compatible with the purpose that we collected it for, or for purposes the individual later authorizes.
3.2 We will not use your EEA Personal Data for a purpose that is materially different than the purpose we collected it for unless subsequently authorised to do so by you. If you do so authorise such use, we will provide you with an on-going opportunity to opt out.
3.3 We maintain reasonable procedures to help ensure that EEA Personal Data is reliable for its intended use, accurate, complete, and current.
DATA TRANSFERS TO THIRD PARTIES AND LIABILITY FOR ONWARD TRANSFERS
Third-Party Agents or Service Providers
4.1 We may transfer EEA Personal Data to our third-party agents or service providers which perform functions on our behalf as described in our Standard Privacy Notice.
4.2 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 the Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf.
4.3 We take reasonable and appropriate steps to ensure that third-party agents and service providers process EEA Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing.
4.4 We comply with the Privacy Shield principles regarding accountability for onward transfers. We remain liable under the principles if any third party recipient which is processing the relevant EEA Personal data on our behalf, processes the data in a manner inconsistent with the Privacy Shield Principles. We will not be liable if we can prove that we are not responsible for the event giving rise to the damage.
Third-Party Data Controllers
4.4 In some cases we may transfer EEA Personal Data to third-party data controllers. For example, if we place a Resource with a Client managed by us or a Group Company. These third parties do not act as agents or service providers and are not performing functions on our behalf. We have set out when and to whom such transfers may occur in paragraph 6 of our Standard Privacy Notice.
4.5 We will only provide your EEA Personal Data to third-party data controllers where we have a lawful basis for doing so and (if applicable) you have not opted-out of such disclosures, or in the case of special categories of EEA Personal Data, where you have opted-in if the Privacy Shield requires consent. We enter into written contracts with any unaffiliated third-party data controllers requiring them to provide the same level of protection for EEA Personal Data the Privacy Shield requires. We also limit their use of your EEA Personal Data so that it is consistent with any consent you have provided and with the notices you have received. We also require any such third party recipient to notify us and cease processing the EEA Personal Data (or take other reasonable and appropriate remedial steps) if the third party recipient determines that it cannot meet its obligation to provide the same level of protection for personal data as is required by the Privacy Shield Principles.
Disclosures for National Security or Law Enforcement
4.6 Under certain circumstances, we may be required to disclose your EEA 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 EEA Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.
6. ACCESS RIGHTS
6.1 We will guarantee the rights set out in paragraph 10.5 of our Standard Privacy Notice. You may also have the right to access the EEA 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.
6.2 If you would like to request access to, correction, amendment, or deletion of your EEA 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.
7. QUESTIONS OR COMPLAINTS
You can direct any questions or complaints about the use or disclosure of your EEA Personal Data by email to EmployeeServices@Olenick.com or by post to Olenick & Associates, Inc 205 W Wacker Drive, Suite 1600, Chicago, IL 60606
7.2 We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your EEA Personal Data within 45 days of receiving your complaint.
7.3 For any unresolved complaints, we have agreed to cooperate with a panel of EU Data Protection Authorities for dispute resolution and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship. EU individuals wishing to reach their area DPA’s may locate them by going to http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
7.4 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; (2) made use of the EU Data Protection Authorities and (3) 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).
8. CONTACT US
8.1 If you have any questions about this Policy or would like to request access to your EEA Personal Data, please contact us as follows: by email to EmployeeServices@Olenick.com or by post to 205 W Wacker Drive, Suite 1600, Chicago, IL 60606.
9. CHANGES TO THIS POLICY
9.1 We reserve the right to amend this Policy from time to time consistent with the Privacy Shield’s requirements.
Effective Date: 9 October 2018
Last modified: 27 September 2018