2. Types of Information Collection
Digitalsmiths collects information from users in several ways.
- Registration screens and online forms
- In the process of sales inquiries
- In e-mails sent to Digitalsmiths from users
- Through automated means such as communications protocols and cookies
control over cookies. You can set your Web browser to alert you when a cookie is being used. You can also get information on the duration of the cookie, and to learn what server your information is being returned to. You then have the opportunity to accept or reject the cookie. Additionally, you may set your browser to refuse all cookies or accept only cookies returned to the originating servers. Users may generally disable the cookie feature on their browser without affecting their
ability to use the site.
3. How Information Is Used
Digitalsmiths collects information from users for the following purposes: To provide future service and support. Information collected for this purpose is both contact information and information related to products and service/support requested. This information is also used to provide service, product update, and similar notices. To select content. Information may be collected to help create Web site content and navigation that is most relevant and user friendly. This includes information collected as a result of site navigation as well as information provided in forms. To respond to user inquiries and requests for information. This information includes registrations for newsletters and specific requests for further information. To better tailor marketing to user needs. We may use information to provide you with timely and pertinent notices of product releases and service developments that address your needs and requirements. Marketing notices are subject to the general opt-out elections. To better respond to requests for service or quotes for products. Digitalsmiths will pass contact information to the appropriate Digitalsmiths sales person for follow-up related to your request. To provide information on educational events or relevant partner products. We occasionally co-sponsor events with partners that provide services of potential benefit to Digitalsmiths software users. We may provide information on such events and services to users that have provided information, indicating interest in the subject matter or service. To help assure respect of your information, we maintain control of the information or limit the use of the information by these partners. As a result of legal requirements, Digitalsmiths may be required to provide personally identifiable information to comply with legally mandated reporting, disclosure or other legal process requirements.
4. Use of Your Information
We agree not to provide your e-mail address to any third party for commercial use, and we will not share your information with third parties without your permission, other than for the limited purposes described above in Section 3, “How Information is Used.” You should be aware, however, that except as limited by the foregoing sentences, any communication, material or information you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, postings or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post becomes the property of Digitalsmiths and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting on the Site or otherwise. Except as otherwise provided herein, Digitalsmiths is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services using such information.
5. Preferences and Opt-Out
Digitalsmiths recognizes that users may not wish to be contacted about new or related products. Digitalsmiths.com allows you to opt-out of e-mail marketing that may result from your use of the site. You may opt-out by sending an e-mail to firstname.lastname@example.org, indicating “opt-out” in the subject line and specifying, if any, what problem you have encountered in the body of the message.
6. Policy Updates
We may update this policy from time to time to describe how new site features affect our use of your information and to let you know of new control and preference features that we provide you. Updates will be posted on our Web site.
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the “Directive”) permits transfers of Personal Data from an EU member state to a non-EU member state only if such non-EU member state provides an “adequate level of protection.” The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions regarding the transfer of Personal Data from the EU to the United States (the “Safe Harbor Principles”) that satisfy the “adequate level of protection” requirement of the Directive. Digitalsmiths, consistent with its commitment to protect personal information, adheres to principles consistent with the Safe Harbor Principles.
For purposes of this Policy, the term “Personal Data” means any information relating to a natural person within the member states of the EU who is identified or who can be identified directly or indirectly in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity.
Personal Data that is transferred to Digitalsmiths in the US from the EU falls under one of the following situations:
- EU Company provides Personal Data – Digitalsmiths provides customized data index, search and access services to EU companies. In this capacity, Digitalsmiths does not own or control any of the Personal Data it processes on behalf of a Digitalsmiths’s customer. All such Personal Data is owned and controlled by such Digitalsmiths’s customer. Digitalsmiths receives Personal Data transferred from the EU to the US merely as a processor on behalf of its customers through a secured medium SFTP, IPSec, etc. Digitalsmiths will not disclose or share this information with anyone and will strictly comply with its policy statement.
- Digitalsmiths collects Personal Data on the employees of Digitalsmiths affiliates in the EU states. This information is used for employment related decisions, including who to hire, retain, promote or re-assign. It may also be provided to Digitalsmiths agents who will use this information to conduct background checks and credentials verification. It may also be used to conduct employee investigations where Digitalsmiths has a suspicion of work related misconduct or wrongdoing, or an issue arises as to employee compliance with applicable laws and/or regulations or any Digitalsmiths policies. Human resources and security professionals will utilize the Personal Data. Digitalsmiths will strictly adhere to its policy and procedure policy while collecting the Personal Data. Digitalsmiths internal assessment team will monitor the adherence on a regular basis.
The privacy principles in this Policy are based on the Safe Harbor Principles.
- NOTICE: Where Digitalsmiths collects Personal Data directly from individuals in the EU, it will inform them about the purposes for which it collects and uses Personal Data about them, the types of non-agent third parties to which Digitalsmiths discloses that information, and the choices and means, if any, Digitalsmiths offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Data to Digitalsmiths, or as soon as practicable thereafter, and in any event before Digitalsmiths uses the information for a purpose other than that for which it was originally collected.Where Digitalsmiths receives Personal Data from its subsidiaries, affiliates or other entities in the EU, it will use such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates. Digitalsmiths is not responsible for the content of the Personal Data it collects, which may include personally identifying information, nor is Digitalsmiths responsible for the way its customers treat personally identifying information included in reports.
- CHOICE: Where Digitalsmiths collects Personal Data directly from individuals in the EU countries, Digitalsmiths will offer individuals the opportunity to choose (opt-out) 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. For sensitive personal information, Digitalsmiths will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Digitalsmiths will provide individuals with reasonable mechanisms to exercise their choices.
- ONWARD TRANSFERS TO AGENTS: Digitalsmiths will obtain assurances from its agents that they will safeguard personal information consistent with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the agent, or being subject to another European Commission adequacy finding. Where Digitalsmiths has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Digitalsmiths will take reasonable steps to prevent or stop the use or disclosure.
- SECURITY: Digitalsmiths will employ reasonable safeguards to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. For personal information subject to electronic storage or transmission, Digitalsmiths maintains an internal private, secure global network that is protected from computer virus infection and monitored for unauthorized access. Both electronic and paper based records holding personal information are maintained in access controlled facilities.
- DATA INTEGRITY: Digitalsmiths will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Digitalsmiths will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
- ACCESS: Upon request, Digitalsmiths will grant individuals reasonable access to personal information that it holds about them. In addition, Digitalsmiths will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
- ENFORCEMENT: Digitalsmiths will conduct an annual self-assessment to ensure that this Statement is published and disseminated within Digitalsmiths and on its website and that it conforms to the Principles. In addition, Digitalsmiths has deployed internal processes to monitor Digitalsmiths’s compliance with the Principles and to address all questions or complaints. Digitalsmiths will also self-certify annually with the U.S. Department of Commerce as being in compliance with the Principles.Individuals may raise any concerns or complaints regarding their personal data directly with Digitalsmiths by contacting the Digitalsmiths Privacy Officer, whose contact information is as follows: info@Digitalsmiths.com.If an individual raises such a concern or complaint, Digitalsmiths will investigate the matter and attempt to resolve all issues to the satisfaction of the individual raising the concern or complaint. If the matter cannot be settled at that stage, Digitalsmiths agrees to cooperate with competent EU Data Protection Authorities (DPAs).
- MODIFICATION AND AMENDMENT: Digitalsmiths may modify or amend this Statement from time to time by posting a revised Statement on the web at www.Digitalsmiths.com. If Digitalsmiths amends this Statement, the new statement will apply to personal data previously collected only insofar as the rights of the individuals affected are not reduced. So long as Digitalsmiths adheres to the Safe Harbor Agreement, Digitalsmiths will not amend this Statement in a manner inconsistent with the Principles.
Any questions or concerns regarding the use or disclosure of personal information should be directed to the Digitalsmiths office at the address given below. Digitalsmiths 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. For complaints that cannot be resolved between Digitalsmiths and the complainant, Digitalsmiths has agreed to participate in the dispute resolution procedures of the panel established by the European Data Protection Authorities to resolve disputes pursuant to the Safe Harbor Principles.
Questions or comments regarding this Policy should be submitted to Digitalsmiths by mail or e-mail as follows: Digitalsmiths Corporation, 320 Blackwell St., Suite 200, Durham, NC 27701 Attn: Privacy Officer; email: info@Digitalsmiths.com
RESERVATION OF RIGHTS
Digitalsmiths reserves the right to share an individual’s information as required by law or to duly authorized information requests of government authorities.