EU-U.S. Privacy Shield: Consumer Privacy Policy

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Rabin Martin

EU-U.S. Privacy Shield:  Consumer Privacy Policy

Last Updated: May 24, 2018

Rabin Martin respects your concerns about privacy. Rabin Martin participates in the EU-U.S. Privacy Shield framework (“Privacy Shield”) issued by the U.S. Department of Commerce.  Rabin Martin commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU in reliance on the Privacy Shield.  This Policy describes how Rabin Martin implements the Privacy Shield Principles for Consumer Personal Data.

For purposes of this Policy:

“Consumer” means any natural person who is located in the EU, but excludes any individual acting in his or her capacity as an Employee.

“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

“Employee” means any current, former or prospective employee, temporary worker, intern or other non-permanent employee of any subsidiary or affiliate of Rabin Martin, who is located in the EU.

“EU” means the European Union and Iceland, Liechtenstein and Norway.

“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by Rabin Martin in the U.S. from the EU, and (iii) recorded in any form.

“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.

“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.

“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.

“Supplier” means any supplier, vendor or other third party located in the EU that provides services or products to Rabin Martin.

Rabin Martin’s Privacy Shield certification, along with additional information about the Privacy Shield, can be found at https://www.privacyshield.gov/.  For more information about Consumer Personal Data processing with respect to information obtained through Rabin Martin’s website, please visit the Online Privacy Notice..

Types of Personal Data Rabin Martin Collects

Rabin Martin collects Personal Data directly from Consumers.  This collection occurs, for example, when a Consumer visits Rabin Martin’s website.  The company may use this information for the purposes indicated in the Online Privacy Notice.

The types of Consumer Personal Data Rabin Martin collects includes:

  • Contact information, such as name, postal address, email address and telephone number; and
  • Personal Data in content Consumers provide on Rabin Martin’s website and other data collected automatically through the website (such as IP addresses, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our website, and dates and times of website visits).

In addition, Rabin Martin obtains Personal Data, such as contact information and financial account information, of its Suppliers’ representatives.  Rabin Martin uses this information to manage its relationships with its Suppliers, process payments, expenses and reimbursements, and carry out Rabin Martin’s obligations under its contracts with the Suppliers.

Rabin Martin also may obtain and use Consumer Personal Data in other ways for which Rabin Martin provides specific notice at the time of collection.

Rabin Martin’s privacy practices regarding the processing of Consumer Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.

Notice

Rabin Martin provides information in this Policy and the Online Privacy Notice  about its Consumer Personal Data practices, including the types of Personal Data Rabin Martin collects, the types of third parties to which Rabin Martin discloses the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Data, and how to contact Rabin Martin about its practices concerning Personal Data.

Relevant information also may be found in notices pertaining to specific data processing activities.

Choice

Rabin Martin generally offers Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer.  To the extent required by the Privacy Shield Principles, Rabin Martin obtains opt-in consent for certain uses and disclosures of Sensitive Data.  Consumers may contact Rabin Martin as indicated below regarding the company’s use or disclosure of their Personal Data.  Unless Rabin Martin offers Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy.

Rabin Martin shares Consumer Personal Data with its affiliates and subsidiaries.  Rabin Martin may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements.  Rabin Martin also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).

Accountability for Onward Transfer of Personal Data

This Policy and the Online Privacy Notice describe Rabin Martin’s sharing of Consumer Personal Data.

Except as permitted or required by applicable law, Rabin Martin provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers.  Rabin Martin requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify Rabin Martin and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller 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.

With respect to transfers of Consumer Personal Data to third-party Processors, Rabin Martin (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Rabin Martin’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify Rabin Martin if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request.  Rabin Martin remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless Rabin Martin proves that it is not responsible for the event giving rise to the damage.

Security

Rabin Martin takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.

Data Integrity and Purpose Limitation
Rabin Martin limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing.  Rabin Martin does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer.  In addition, to the extent necessary for these purposes, Rabin Martin takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current.  In this regard, Rabin Martin relies on its Consumers to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized.  Consumers may contact Rabin Martin as indicated below to request that Rabin Martin update or correct relevant Personal Data.

Subject to applicable law, Rabin Martin retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.

Access

Consumers generally have the right to access their Personal Data.  Accordingly, where appropriate, Rabin Martin provides Consumers with reasonable access to the Personal Data Rabin Martin maintains about them.  Rabin Martin also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate.  Rabin Martin may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated.  Consumers may request access to their Personal Data by contacting Rabin Martin as indicated below.

Recourse, Enforcement and Liability
Rabin Martin has mechanisms in place designed to help assure compliance with the Privacy Shield Principles.  Rabin Martin conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions Rabin Martin makes about its Privacy Shield privacy practices are true and that Rabin Martin’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.

Consumers may file a complaint concerning Rabin Martin’s processing of their Personal Data.  Rabin Martin will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles.  Consumers may contact Rabin Martin as specified below about complaints regarding Rabin Martin’s Consumer Personal Data practices.

If a Consumer’s complaint cannot be resolved through Rabin Martin’s internal processes, Rabin Martin will cooperate with JAMS pursuant to the JAMS International Mediation Rules, available on the JAMS website at www.jamsadr.com/international-mediation-rules.  JAMS mediation may be commenced as provided for in the relevant JAMS rules.  The mediator may propose any appropriate remedy, such as deletion of the relevant Personal Data, publicity for findings of noncompliance, payment of compensation for losses incurred as a result of noncompliance, or cessation of processing of the Personal Data of the Consumer who brought the complaint.  The mediator or the Consumer also may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over Rabin Martin.  Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Rabin Martin’s compliance with the Privacy Shield Principles.

How to Contact Rabin Martin

To contact Rabin Martin with questions or concerns about this Policy or Rabin Martin’s Consumer Personal Data practices:

Write to:

Managing Director, 104 W 40th Street, 3rd Floor, New York, NY 10018

E-mail:  privacy@rabinmartin.com

 

 

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