Privacy Shield
SurfMerchants, LLC 29 Winchester Street FL2 Boston MA 02116 617-292-8008 info@SurfMerchants.com
Privacy Shield Policy
SurfMerchants LLC (“SM”) has adopted this Privacy Shield Policy (“Policy”) to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that SM obtains from Customers located in the European Union and elsewhere, on behalf of our Agents.
SM complies with the US-EU Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from Agents and Individual Customers in the European Union member countries. SM has certified that it adheres to the Privacy Shield Privacy Principles of notice, choice, and accountability for onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement and liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Privacy Principles, the Privacy Shield Privacy Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov.
The Federal Trade Commission (FTC) has jurisdiction over SM’s compliance with the Privacy Shield.
1. SCOPE
This Policy applies to the processing of Individual Customer Personal Data that SM receives in the United States or EU concerning Individual Customers who reside in the European Union or outside the EU, on behalf of our Agents or direct Customers. SM provides products and services to businesses and consumers and acts as the Processor for these Agents.
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.)
2. RESPONSIBILITIES AND MANAGEMENT
SM has designated the Compliance Team to oversee its information security program, including its compliance with the EU Privacy Shield program. The Compliance Team 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 privacy@surfmerchants.com.
SM will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. SM personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that SM has undertaken to protect Personal Data.
3. RENEWAL / VERIFICATION
SM will renew its EU Privacy 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, SM will conduct an in-house verification to ensure that its statements and assertions with regard to 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, SM will undertake the following:
- Review this Privacy Shield policy and its publicly posted website privacy policy to ensure that these policies accurately describe the practices regarding the collection of Individual Customer Personal Data
- Ensure that the publicly posted privacy policy informs Individual Customers of SM’s participation in the EU Privacy Shield program and where to obtain a copy of additional information (e.g., a copy of this Policy)
- Ensure that this Policy continues to comply with the Privacy Shield principles
- Confirm that Individual Customers are made aware of the process for addressing complaints and any independent dispute resolution process (SM may do so through its publicly posted website, Individual Customer contract, or both)
- Review its processes and procedures for training Employees about SM’s participation in the Privacy Shield program and the appropriate handling of Individual’s Personal Data
- SM will prepare an internal verification statement on an annual basis.
4. COLLECTION AND USE OF PERSONAL DATA
- For certain products, SM serves as a service provider, or Processor. 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 (Agent). The information that we collect from our Individual Customers in this capacity may vary depending on Agent’s needs and may be used for distributing surveys, 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.
SM provides various solutions to its Individual Customers who use its products. SM collects Personal Data from Individual Customers when they use its products, register with our website, log-in to their account, complete surveys, request information or otherwise communicate with us. For example, SM individual customers may choose to sign up for an account and complete surveys.
The Personal Data that we collect may vary, based Agent’s requirements, on the Individual Customer’s interaction with our website and request for our services. As a general matter, SM collects the following types of Personal Data from its Individual Customers: contact information, including, a contact person’s name, work email address, work mailing address, work telephone number, title, as well as payment information (which might include paypal email address and/or bank account information). 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 and browser type. We may associate IP address and browser type with a specific customer. We also may collect Personal Data from persons who contact us through our website 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 our website.
The information that we collect from Individual Customers is used for distributing solicitations for surveys, distributing surveys, managing transactions and work flow, technical review, reporting, invoicing, renewals, other operations related to providing services and products to the Individual Customer.
SM 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:
1. maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting portal, invoices, renewals, and other operations related to providing services to a Individual Customer);
2. satisfying governmental reporting, tax, and other requirements (e.g., import/export);
3. storing and processing data, including Personal Data, in computer databases and servers located in the United States or in the EU;
4. verifying identity (e.g., for online access to accounts);
5. as requested by the Individual Customer;
6. for other business-related purposes permitted or required under applicable local law and regulation;
7. and as otherwise required by law.
5. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided herein, SM discloses Personal Data only to it’s Agents who reasonably need to know such data and only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by SM’s confidentiality obligations.
SM 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, SM 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 SM and they must either:
- comply with the Privacy Shield principles or another mechanism permitted by the applicable EU data protection law(s) for transfers and processing of Personal Data;
- or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy;
SM 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 SM 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. SM is liable for appropriate onward transfers of personal data to third parties.
6. SENSITIVE DATA
SM does not knowingly collect Sensitive Data from its Individual Customers. If an Agent does collect such data it is without our consent. Any concerns of being asked to provide sensitive data can be addressed to privacy@surfmerchants.com
7. DATA INTEGRITY AND SECURITY
SM uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. SM 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 SM’s electronic information systems requires user authentication via password or similar means. SM also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data.
Further, SM 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.
8. NOTIFICATION
SM notifies Individual Customers about its adherence to the EU-US Privacy Shield principles through its publicly posted website privacy policy and take Individual customers approval and adherence to the current policy when they provide their information to us in the transactional process of sign up.
9. ACCESSING PERSONAL DATA
SM 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.
10. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
- 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 SM 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 SM policies. Upon reasonable request and as required by the Privacy Shield principles, SM 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 SM by email. 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 can delete their own personal data on our online portal, or send a request to the Agent that they have signed up with.
- Requests for Personal Data. SM 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 SM receives a request for access to his/her Personal Data from an Individual Customer, then, unless otherwise required under law or by contract with such Individual Customer, SM will refer such Data Subject to our Customer.
- Satisfying Requests for Access, Modifications, and Corrections. SM will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
11. 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.
12. QUESTIONS OR COMPLAINTS
EU, and non EU Individual customers may contact SM with questions or complaints concerning this Policy at the following address:
privacy@surfmerchants.com
13. DISPUTE RESOLUTION
In compliance with the US-EU Privacy Shield Principles, SM commits to resolve complaints about your privacy and our collection or use of your personal information. EU and non EU individuals with questions or concerns about the use of their Personal Data should contact the Agent they sign up with. After contacting the Agent they may contact us at: privacy@surfmerchants.com
If a Individual Customer’s question or concern cannot be satisfied through this process SM has further committed to refer unresolved privacy complaints under US-EU Privacy Shield to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus.
Within the scope of this Privacy Policy, if a privacy complaint or dispute cannot be resolved through SurfMerchants LLC’s internal processes, SurfMerchants LLC has agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. If Arbitration is necessary, under VeraSafe’s arbitration policy, there is the possibility, under certain conditions and constraints dictated by VereSafe, for individuals to invoke binding arbitration. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here: https://www.verasafe.com/dispute-submission.
14. DEFINED TERMS
Capitalized terms in this Privacy Policy have the following meanings:
“Agent” means a customer or client of SM that contract with SM to Process data for the purpose of mystery shopping, auditing, or market research of any kind.
“Individual Customer” shall include any all individuals. This can include, but is not limited to shoppers, auditors, or any other individual, that belongs to one of SM’s Agents, on a systems hosted by SM, where SM has obtained his or her Personal Data, in the role of Processor, from such Individual Customers as part the Agents business relationship with SM.
“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.
“Employee” means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of SM 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.
“Sensitive Data” means Personal Data that discloses a Data Subject’s medical or health condition, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
“Third Party” means any individual or entity that is neither SM nor an SM employee, agent, contractor, or representative.