FRONTEO USA – Privacy Policy

This notice discloses the privacy practices for (www.fronteo.com/usa). This privacy notice applies solely to information collected by this website.

FRONTEO USA  INC Privacy Policy

Background

The European Union (“EU”) adopted Regulation (EU) 2016/679 (“General Data Protection Regulation” or “GDPR”), which takes effect as of May 25, 2018 and aims to provide a standardized approach to protecting the Personal Data of EU residents. Switzerland adopted, as amended from time to time, the Swiss Federal Data Protection Act (“SFDPA”) and the Data Protection Ordinance (“DPO”), which regulate all acts of Personal Data processing. In accordance with Article 4 of the GDPR, and the SFDPA and DPO, “Personal Data” includes any information relating to an identified or identifiable natural person. The GDPR, SFDPA and DPO allow the transfer of Personal Data only to countries that have data protection laws deemed “adequate” under the respective legal frameworks. The US Department of Commerce has agreed on the requirements to enable US Companies to satisfy the mandate under EU law and Swiss law that adequate protection be given to Personal Data transferred from the EU or Switzerland to the US. For EU and Swiss residents’ Personal Data, these requirements are memorialized in the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework, respectively.

 

Policy Applicability and Enforcement Authority

This Privacy Policy (“Policy”) covers FRONTEO USA Inc.’s collection, use and retention of Personal Data provided by those who access and use (individually, a “user” and collectively, “users”) the fronteo.com/usa website (the “Site”), and those whose Personal Data FRONTEO USA Inc.’s transfers from European Union member countries and Switzerland to the United States. The Federal Trade Commission has jurisdiction over FRONTEO USA Inc.’s compliance with this Policy, the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework.

 

Data Received by FRONTEO USA Inc.

FRONTEO USA Inc. provides electronic discovery support services to law firms, corporate clients and government agencies that are parties to various types of litigation, investigations and regulatory proceedings. All information and data is collected from or on behalf of our clients. All data received from or on behalf of clients is kept pursuant to strict privacy, confidentiality and security protocols and is used solely for the purposes defined in the contractual agreement of services between FRONTEO USA Inc. and the client. As such, it is important to note that all individual requests for correction, access, removal, or querying of data should first be directed towards the client and not FRONTEO USA, Inc.

 

Privacy Practices

FRONTEO USA Inc. commits to comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework, as set forth by the US Department of Commerce for the collection, use and retention of Personal Data transferred from European Union member countries and Switzerland, respectively to the United States. Accordingly, FRONTEO USA Inc.’s has certified to the Department of Commerce that it adheres to the  seven Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.  If there is any conflict between the provisions of this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. Further, FRONTEO USA, Inc. commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the work performed by FRONTEO USA, Inc.  To learn more about the EU-US and Swiss-US Privacy Shield programs, and to view FRONTEO USA Inc.’s certification, please visit http://www.privacyshield.gov.

EU and Swiss users may interact with the Site without disclosing any Personal Data to FRONTEO USA Inc.  When an EU or Swiss user enters the Site, a notice appears seeking the user’s consent for FRONTEO USA Inc. to enable “cookies” (i.e., small files that reside on the user’s computer or other digital device which FRONTEO USA Inc. uses to track the volume of users visiting the Site and to tailor its marketing efforts based on the portions of the Site users visit).  If the EU or Swiss user either does not consent to FRONTEO USA Inc.’s use of cookies, or the EU or Swiss user simply continues to navigate the Site, FRONTEO USA Inc. will not collect any data, including Personal Data, from that user.

Personal Data Collected From Users of Site:

FRONTEO USA Inc. may require certain Personal Data, including a user’s name, business address, and business e-mail or business telephone details when a user (i) chooses to send FRONTEO USA Inc. a message via the Site or (ii) seeks to download information contained in the Site (e.g., a whitepaper).  FRONTEO USA Inc. subscribes to the following privacy practices in connection with these two scenarios:

FRONTEO USA Inc. may utilize the Personal Data a user voluntarily provides to market its products and services to the user via e-mail, but such users have the right to discontinue receiving marketing e-mail from FRONTEO USA Inc.’s at any time;

FRONTEO USA Inc. has strict policies in place to protect the security, confidentiality and integrity of all user Personal Data we receive;

FRONTEO USA Inc. does not share or sell user information, including Personal Data, to third parties;

FRONTEO USA Inc. does not automatically log Personal Data from users of the Site; and

FRONTEO USA Inc. does not collect information about users of the Site, including Personal Data, from third-party sources.

 

Personal Data Collected Under Privacy Shield:

FRONTEO USA Inc. may collect EU or Swiss residents’ Personal Data during the course of providing electronic discovery support services to clients under the EU-US Privacy Shield and the Swiss-US Privacy Shield programs, respectively.  All information and data is collected from or on behalf of FRONTEO USA, Inc. clients and all data received from or on behalf of clients is used solely for the purposes defined in the contractual agreement for services between FRONTEO USA, Inc. and the client.  Types of Personal Data FRONTEO USA Inc. may collect include names, mailing and e-mail addresses, identification numbers, and data related to an individual’s physical, physiological, mental, economic, political, religious, cultural or social identity.

FRONTEO USA Inc. does not disclose Personal Data to third parties, except when one or more of the following conditions is true: 1) FRONTEO USA, Inc. and/or the client has the data subjects permission to make the disclosure; 2) the information is publically available; 3) the disclosure is required by lawful request by public authorities, including to meet national security or law enforcement requirements. FRONTEO USA, Inc. is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) and/or the Department of Transportation; 4) although we do not currently anticipate a change in our ownership, in the event of a sale of the company or a significant portion of its assets, FRONTEO USA Inc. may disclose or transfer Personal Data to a purchasing party that is EU-US Privacy Shield-compliant and/or Swiss-US Privacy Shield-compliant, as applicable; 5) the disclosure is reasonably necessary for the establishment of legal claims; 6) the disclosure is to an affiliate of FRONTEO USA, Inc. or to persons or entities providing services to FRONTEO USA, Inc. (including IT vendors, data center providers, document management and archiving contractors) or to persons or entities providing services on behalf of FRONTEO USA, Inc. (including such of its employees and independent contractors) to perform work consistent with the purposes for which the information was obtained as long as the transferee, with respect to the information in question: a)is subject to law providing and adequate level of privacy protection; or b)has agreed to provide an adequate level of privacy protection.

In cases of onward transfer to third parties of Personal Data of EU and/or Swiss individuals received under the EU-US and/or Swiss Privacy Shield Frameworks, FRONTEO USA, Inc. may potentially be held liable, as set out those respective Frameworks.

 

Inquiries and Complaints

Individuals whose personal information is covered by this Privacy Shield Policy have the right to access the personal information that FRONTEO USA, Inc. maintains about them as specified in the EU-US and Swiss-US Privacy Shield Principles. As previously stated, information and data is collected from or on behalf of FRONTEO USA, Inc.’s clients and is used solely for the purposes defined in the contractual agreement of services between FRONTEO USA Inc. and the client.  As such, it is important to note that all individual requests for correction, access, removal, or querying of data should first be directed towards the client and not FRONTEO USA, Inc. However, in accordance with Principles, individuals may contact us to correct, amend or delete such personal information if it is inaccurate or has been processed in violation of the Principles (except when the burden or expense of providing access, correction, amendment, or deletion would be disproportionate to the risks to the individual’s privacy, or where the rights of persons other than the individual would be violated). Requests for access, correction, amendment or deletion should be sent to:

FRONTEO USA, Inc. Legal Team

Attn: General Counsel

611 Mission Street, 5th Floor

San Francisco, CA 94501

E-mail:legal@fronteo.com

 

FRONTEO USA Inc. is further committed to refer unresolved privacy complaints under the Privacy Shield Principles to JAMS, an alternative dispute resolution provider located in the United States.  To open an EU-U.S. Privacy Shield or Swiss-U.S. Privacy Shield case, you may do so at https://www.jamsadr.com/eu-us-privacy-shield.  If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. The services of JAMS is provided at no cost to you.

 

As a last resort, privacy complaints that remain unresolved after pursuing the above channels may be subject to binding arbitration before the Privacy Shield Panel created jointly by the US Department of Commerce and the European Commission. The Privacy Shield Panel (which consists of one or three arbitrators, as agreed by the parties) has the authority to impose individual-specific, non-monetary equitable relief (e.g., access, correction, deletion, or return of the individual’s data in question) necessary to remedy the violation of the Privacy Shield Principles solely with respect to the individual. These are the only powers of the Privacy Shield Panel with respect to remedies. In considering remedies, the Privacy Shield Panel is required to consider other remedies that have already been imposed by other mechanisms under the EU-US and Swiss-US Privacy Shield, respectively. No monetary damages, costs, fees, or other economic remedies are available, and each party bears its own attorney’s fees.

 

Amendments to this Privacy Policy

FRONTEO USA Inc. may amend this Policy from time-to-time by posting a revised Policy on the Site, which is located at http://www.fronteo.com/usa. FRONTEO USA Inc. will only amend this Policy in a manner consistent with the requirements of the EU-US and the Swiss-US Privacy Shield and other applicable law. This Policy was updated on July 16, 2018.

If you have concerns, questions or requests related to this privacy policy, please contact us immediately via telephone at 1-866-80FRONTEO (866-803-7668), then dial 5 for Marketing or via email at marketing@fronteo.com.