Safe Harbor Best Practices

Last updated January 1, 2015

Our  Commitment to Privacy
Marketing Now is committed to upholding the highest ethical standards in its business practices and strives to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business. This Safe Harbor Privacy Policy sets forth the privacy principles that Marketing Now follows with respect to personal information transferred from the European Economic Area (EEA) (which includes the twenty-eight member states of the European Union (EU) plus Iceland, Liechtenstein and Norway) and from Switzerland to the United States.

Marketing Now follows the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Marketing Now adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.

The United States Department of Commerce and the European Commission have agreed on a set of data protection principles (the “U.S.-EU Safe Harbor Principles”) and frequently asked questions (collectively the “U.S.-EU Safe Harbor Framework”) to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. The EEA also has recognized the U.S. Safe Harbor as providing adequate data protection. The United States Department of Commerce and the Federal Data Protection and Information Commissioner of Switzerland have agreed on a similar set of data protection principles (the “U.S.-Swiss Safe Harbor Principles”) and frequently asked questions (collectively the “U.S.-Swiss Safe Harbor Framework) to enable U.S. companies to satisfy the requirement under Swiss law that adequate protection be given to personal information transferred from Switzerland to the United States. Consistent with its commitment to protect personal privacy, Marketing Now adheres to the U.S.-EU and U.S.-Swiss Safe Harbor Principles (hereinafter “Safe Harbor Principles”).

 Scope
This Safe Harbor Privacy Policy (the “Policy”) applies to all personal information received by Marketing Now from applicable Marketing Now clients in the United States from the European Economic Area and from Switzerland.

Marketing Now may receive marketing information from Marketing Now clients and may manage this information in a marketing database system that is used only by that specific Marketing Now client. The data that Marketing Now receives is from Marketing Now clients, not the end-user customer. The end-user customer provides their data to each respective Marketing Now client. End-user customers do not provide information directly to Marketing Now. Marketing Now clients use their respective marketing database for their Marketing Now client’s marketing purposes to the Marketing Now client’s end-consumers.

Definitions
For purposes of this Policy, the following definitions shall apply:

“Marketing Now client” means the business entity for which Marketing Now is managing the marketing database. Marketing Now receives marketing data from the Marketing Now client and manages this data in a marketing database system that is used by that specific Marketing Now client. The data that Marketing Now receives is from the Marketing Now client, not the end-user customer. The end-user customer provides their data to each respective Marketing Now client. End-user custoemrs do not provide information directly to Marketing Now. “End-user customer” means the customer of a Marketing Now client.

“Personal information” means any information or set of information that is received by Marketing Now from a Marketing Now client that identifies an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.

“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, Marketing Now client or to which Marketing Now client discloses personal information for use on Marketing Now client’s behalf.

 Privacy Principles
The privacy principles in this Policy are based on the Safe Harbor Principles.

NOTICE: Where Marketing Now receives personal information from a Marketing Now client regarding an individual in the EEA, the Marketing Now client informs the individual about the purposes for which it collects and uses personal information about them and the choices and means, if any, the Marketing Now client offers individuals for limiting the use and disclosure of their personal information. Marketing Now will manage the data from the Marketing Now client per the Marketing Now client requirements.

CHOICE: For personal information, Marketing Now’s client will offer individuals the opportunity to choose (opt-in) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. (Opt-in provided by end-consumer to Marketing Now client)

Marketing Now’s client will provide individuals with reasonable mechanisms to exercise their choices.

DATA INTEGRITY: Marketing Now will use personal information only in ways that are compatible with Marketing Now client purposes for which it was collected or subsequently authorized by the individual to the Marketing Now client. Marketing Now, per Marketing Now client requirements, will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current. Marketing Now will only store personal information that is relevant to fulfill the purpose of the request per Marketing Now client requirements.

TRANSFERS TO AGENTS: As applicable, Marketing Now will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. Where Marketing Now has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Marketing Now will take reasonable steps to prevent or stop the use or disclosure.

ACCESS AND CORRECTION: Upon request, Marketing Now client will grant individuals reasonable access to personal information that it holds about them. In addition, Marketing Now client will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. These requests can be made directly to the applicable Marketing Now client. Marketing Now will update the Marketing Now client marketing database with correct data Marketing Now receives from the Marketing Now client per Marketing Now client requirements.

SECURITY: Marketing Now will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

ENFORCEMENT: Marketing Now client will conduct compliance audits of its relevant privacy policy practices to verify adherence to the Marketing Now client policy. Marketing Now will conduct reviews of its relevant privacy practices to verify adherence to this Policy. Any employee that is determined to intentionally violate this policy will be subject to disciplinary action up to and including termination of employment.

DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of personal information should be directed to the applicable Marketing Now client. Marketing Now client will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy, and Marketing Now will support Marketing Now client as directed by Marketing Now client. For complaints that cannot be resolved between Marketing Now client and the complainant, the Marketing Now client dispute resolution procedures should be followed.

Adherence by Marketing Now to these Safe Harbor Principles may be limited (a) by Marketing Now’s dependency on the Marketing Now client, (b) to the extent required or permitted by law or legal process, such as to respond to or investigate a legal or ethical obligation or request or pursuant to court orders, subpoenas, interrogatories or similar directive carrying the force of law; and (c) to the extent expressly permitted by an applicable law, rule or regulation.

CONTACT INFORMATION:
For inquiries regarding this Safe Harbor Policy, please contact:
Christine Mariconda
President & Managing Director
Marketing Now
cm@mariconda-marketing.com
631.462.6139

 

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