The Federal Trade Commission (FTC) has jurisdiction over Over's compliance with the Privacy Shield.
All Over employees who handle Personal Data from Europe and Switzerland are required to comply with the Principles stated in this Policy. Capitalized terms are defined in Section 14 of this Policy.
This Policy applies to the processing of Individual Customer Personal Data that Over receives in the United States concerning Individual Customers who reside in the European Union and Switzerland. Over provides products and services to businesses and consumers.
This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)
II. Responsibilities & Management
Over has designated the Legal Department to oversee its information security program, including its compliance with the EU and Swiss Privacy Shield program. The Legal Department shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to email@example.com.
Over will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. Over personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that Over has undertaken to protect Personal Data.
III. Renewal / Verification
Over will renew its US-EU Privacy Shield and Swiss-US Privacy Shield certifications annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.
Prior to the re-certification, Over will conduct an in-house verification to ensure that its attestations and assertions about its treatment of Individual Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, Over will undertake the following:
Over will prepare an internal verification statement on an annual basis.
IV. Collection & Use Of Personal Data
Over provides various solutions to its Individual Customers who make use of its products and services. Over collects Personal Data from Individual Customers when they purchase its products, register with the App, log-in to their account, complete surveys, request information or otherwise communicate with us. For example, Over individual customers may choose to seek live support.
The Personal Data that we collect may vary based on the Individual Customer's interaction with the App and request for our services. As a general matter, Over collects the following types of Personal Data from its Individual Customers: contact information, including, a contact person's name, email address. Individual customers have the option to log into their accounts online and to request service online, including through a live support option; we will collect information that they choose to provide to us through these portals.
When Individual Customers use our services online, we will collect their IP address, mobile device configuration, and browser type. We may associate IP address and browser type or mobile device configuration with a specific customer. We also may collect Personal Data from persons who contact us through the App to request additional information; in such a situation, we would collect contact information (as discussed above) and any other information that the person chooses to submit through the App.
The information that we collect from Individual Customers is used for selling the products and services they buy from us, managing transactions, reporting, invoicing, renewals, quality assurance and user experience operations related to providing services and products to the Individual Customer.
For certain products, Over serves as a service provider. In our capacity as a service provider, we will receive, store, and/or process Personal Data. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of our partners and/or agents. The information that we collect from our Individual Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Individual Customer, and as otherwise requested by our partner and/or agent.
Over uses Personal Data that it collects directly from its Individual Customers and for its partners indirectly in its role as a service provider for the following business purposes, without limitation:
Over does not disclose personal information to third parties for purposes that are materially different than what it was originally collected for. Should this change in the future, we will provide individuals with the option to opt-out.
V. Disclosures / Onward Transfers Of Personal Data
Except as otherwise provided herein, Over discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
Over may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, Over may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by Over and they must either:
Over also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that Over may be required to disclose an individual's personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. Over is liable for appropriate onward transfers of personal data to third parties.
VI. Sensitive Data
Over does not collect Sensitive Data from its Individual Customers.
VII. Data Integrity & Security
Over uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. Over has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to Over's electronic information systems requires user authentication via password or similar means. Over also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data.
Further, Over uses secure encryption technology to protect certain categories of personal data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.
IX. Accessing Personal Data
Over personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
X. Right To Access, Change Or Delete Personal Data
1. Right to Access. Individual Customers have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which Over collected it. Individual Customers may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and Over policies. Upon reasonable request and as required by the Privacy Shield principles, Over allows Individual Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Individual Customers may edit their Personal Data by logging into their account profile or by contacting Over via email (firstname.lastname@example.org) or through support function in the App. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Individual Customers should contact Over via by email (email@example.com) or through support function in the App.
2. Requests for Personal Data. Over will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If Over receives a request for access to their Personal Data from an Individual Customer, then, unless otherwise required under law or by contract with such Individual Customer, Over will refer such Data Subject to the Individual Customer.
3. Satisfying Requests for Access, Modifications, and Corrections. Over will endeavor to respond in a timely manner to all reasonable requests to view, modify, or inactivate Personal Data.
XII. Changes To This Policy
This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make employees available of changes to this policy either by posting to our intranet, through email, or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
XIII. Questions Or Complaints
EU and Swiss Individual customers may contact Over with questions or complaints concerning this Policy at the following address: firstname.lastname@example.org
XIV. Enforcement And Dispute Resolution
In compliance with the US-EU and Swiss-US Privacy Shield Principles, Over commits to resolve complaints about your privacy and our collection or use of your personal information. EU and Swiss individuals with questions or concerns about the use of their Personal Data should contact us at: email@example.com.
If a Customer's question or concern cannot be satisfied through this process Over has further committed to refer unresolved privacy complaints under US-EU Privacy Shield and Swiss-US Privacy Shield to an independent dispute resolution mechanism operated by JAMS Mediation, Arbitration and ADR Services (“JAMS”).
If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by Over, EU and Swiss individuals may bring a complaint before the JAMS EU and Swiss Privacy Shield program can be found at: https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim. Finally, as a last resort and in limited situations, EU and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
Over commits to cooperate with EU and Swiss data protection authorities (DPAs) 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 employment relationship.
XV. Defined Terms
“App” means the Over application (mobile or otherwise), related services, and the related website at www.madewithover.com.
"Individual Customer" means an Individual customer or client of Over from EU or Switzerland. The term also shall include any individual agent, representative, of an individual customer of Over and all employee of Over where Over has obtained his or her Personal Data from such Individual Customer as part of its business relationship with Over.
"Data Subject" means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.
"Employee" means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of Over or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.
"Europe" or "European" refers to a country in the European Union.
"Personal Data" as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual's name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term "person" includes both a natural person and a legal entity, regardless of the form of the legal entity.
"Sensitive Data" means Personal Data that discloses a Data Subject's medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
"Third Party" means any individual or entity that is neither Over nor an Over employee, agent, contractor, or representative.
Version 1 – May 25, 2018