EU-U.S. Privacy Shield Policy – Employees and Consumers
I. Overview
Fleishman-Hillard Inc. (“FleishmanHillard”) respects your concerns about privacy. FleishmanHillard participates in the EU-U.S. Privacy Shield framework (“Privacy Shield”) issued by the U.S. Department of Commerce. FleishmanHillard commits to comply with the Privacy Shield Principles with respect to Employee Personal Data and Consumer Personal Data that the company receives from the EU in reliance on the Privacy Shield. This Policy describes how FleishmanHillard puts into effect the Privacy Shield Principles for Employee Personal Data and for Consumer Personal Data.
II. Definitions
For purposes of this Policy:
“Consumer” means any natural person who is located in the EU, but excludes any individual acting in his or her capacity as an Employee.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Employee” means any current, former or prospective employee, temporary worker, intern or other non-permanent employee of any subsidiary or affiliate of FleishmanHillard, who is located in the EU.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Personal Data” means any information, including Sensitive Data, that is: (a) about an identified or identifiable individual, (b) received by FleishmanHillard in the U.S. from the EU, and (c) recorded in any form.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.
“Privacy Policies” means the Privacy Policy (General), the EU Privacy Policy (http://fleishmanhillard.com/EU-privacy-policy), and this Privacy Shield Policy (http://fleishmanhillard.com/privacy-shield-policy) posted on our website at www.fleishmanhillard.com as well as on our company intranet.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.
“Supplier” means any supplier, vendor or other third party located in the EU that provides services or products to FleishmanHillard.
“Systems Privacy Point of Contact” means individual officers designated by FleishmanHillard as the initial points of contact for inquiries, complaints, or questions regarding privacy matters. They will receive and assist in the coordination of response by FleishmanHillard.
FleishmanHillard’s Privacy Shield certification, along with additional information about the Privacy Shield, can be found at https://www.privacyshield.gov/. For more information about FleishmanHillard’s processing of Personal Data, please see the Privacy Policies accessible on www.fleishmanhillard.com or contact [email protected].
III. Types of Personal Data FleishmanHillard Collects
A. Employee Personal Data: FleishmanHillard collects or has access to Personal Data about Employees to carry out and support human resources functions and activities, which may include: (i) recruiting and hiring job applicants; (ii) managing Employee communications and relations; (iii) providing compensation and benefits; (iv) administering payroll; (v) processing corporate expenses and reimbursements; (vi) managing Employee participation in human resources plans and programs; (vii) carrying out obligations under employment contracts; (viii) managing Employee performance; (ix) conducting training and talent development; (x) facilitating Employee relocations and international assignments; (xi) managing Employee headcount and office allocation; (xii) managing the Employee termination process; (xiii) managing information technology and communications systems, such as the corporate email system and company directory; (xiv) conducting ethics and disciplinary investigations; (xv) administering Employee grievances and claims; (xvi) managing audit and compliance matters; (xvii) complying with applicable legal obligations, including government reporting and specific local law requirements; and (xviii) other general human resources purposes. FleishmanHillard also may obtain and process Personal Data about Employees’ emergency contacts and other individuals (such as spouse, family members, dependents and beneficiaries) to the extent Employees provide such information to FleishmanHillard. FleishmanHillard processes this information to comply with its legal obligations and for benefits administration and other internal administrative purposes.
The types of Personal Data FleishmanHillard may collect or may access to in connection with these activities include:
- name;
- contact information;
- date of birth;
- gender;
- government-issued identification information, passport or visa information;
- educational history;
- employment and military history;
- legal work eligibility status;
- information about job performance and compensation;
- financial account information; and
- other information Employees may provide.
B. Consumer Personal Data: FleishmanHillard collects Personal Data directly from Consumers. This collection occurs, for example, when a Consumer visits FleishmanHillard’s website. The company may use this information for the purposes indicated in the Privacy Policies which may be found at fleishmanhillard.com.
The types of Consumer Personal Data FleishmanHillard collects may include:
- Contact information, such as name, postal address, email address and telephone number; and
- Personal Data in content Consumers provide on FleishmanHillard’s website and other data collected automatically through the website (such as IP addresses, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our website, and dates and times of website visits).
In addition, FleishmanHillard may obtain Personal Data, such as contact information and financial account information, of its Suppliers’ representatives. FleishmanHillard uses this information to manage its relationships with its Suppliers, process payments, expenses and reimbursements, and carry out FleishmanHillard’s obligations under its contracts with the Suppliers.
C. FleishmanHillard also may obtain and use Consumer Personal Data in other ways for which FleishmanHillard provides specific notice at the time of collection (including but not limited to e.g. surveys, focus groups, market research, inbound and outbound Consumer communications and education, etc.).
D. FleishmanHillard’s privacy practices regarding the processing of Employee Personal Data and Consumer Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
IV. Notice
FleishmanHillard notifies Employees and Consumers about its privacy practices, including the purposes for which it collects and uses Personal Data, the types of Personal Data FleishmanHillard collects, the types of third parties to which FleishmanHillard discloses the Personal Data and the purposes for doing so, the rights and choices Employees and Consumers have for limiting the use and disclosure of their Personal Data, and how to contact FleishmanHillard about its practices concerning Personal Data. Information regarding FleishmanHillard’s Employee Personal Data and Consumer Data practices is contained in this Policy and in the other Privacy Policies available at www.fleishmanhillard.com. Additional information may be requested from [email protected].
Relevant information also may be found in notices pertaining to specific data processing activities.
V. Choice
FleishmanHillard generally offers Employees and Consumers the opportunity to choose whether their Personal Data may be (a) disclosed to third-party Controllers or (b) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Employee or Consumer. To the extent required by the Privacy Shield Principles, FleishmanHillard obtains opt-in consent for certain uses and disclosures of Sensitive Data. Unless FleishmanHillard offers Employees or Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy and the other Privacy Policies referred to herein. To exercise their choices, Employees and Consumers may contact FleishmanHillard as indicated in this Policy or the other Privacy Policies. To the extent and for the period necessary to avoid prejudicing the ability of the company in making promotions, appointments, or other similar employment decisions, FleishmanHillard is not required to offer notice or choice to Employees or Consumers.
FleishmanHillard may share Employee Personal Data and Consumer Personal Data with its affiliates and subsidiaries. FleishmanHillard may disclose Employee Personal Data and Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (c) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (d) if it is required to do so by law or legal process, or (e) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. FleishmanHillard also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
VI. Accountability for Onward Transfer of Personal Data
This Policy and the other Privacy Policies referred to herein describe FleishmanHillard’s sharing of Personal Data.
Except as permitted or required by applicable law, FleishmanHillard provides Employees and Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. FleishmanHillard requires third-party Controllers to whom it discloses Personal Data to contractually agree to (a) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Employee or Consumer, (b) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (c) notify FleishmanHillard and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles. FleishmanHillard is not required to enter into a contract to transfer Personal Data to certain third-party Controllers for occasional employment-related operational needs of the company, such as booking flights or hotel rooms or handling insurance coverage.
With respect to transfers of Employee Personal Data and Consumer Personal Data to third-party Processors, FleishmanHillard (d) enters into a contract with each relevant Processor, (e) transfers Personal Data to each such Processor only for limited and specified purposes, (f) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (g) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with FleishmanHillard’s obligations under the Privacy Shield Principles, (h) requires the Processor to notify FleishmanHillard if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (i) upon notice, including under (h) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. FleishmanHillard remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process the relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless FleishmanHillard proves that it is not responsible for the event giving rise to the damage.
VII. Security
FleishmanHillard takes reasonable and appropriate measures to protect Employee Personal Data and Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
VIII. Data Integrity and Purpose Limitation
FleishmanHillard limits the Employee Personal Data and Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. FleishmanHillard does not process Employee Personal Data or Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Employee or Consumer. In addition, to the extent necessary for these purposes, FleishmanHillard takes reasonable steps to ensure that the Personal Data the company processes is (a) reliable for its intended use, and (b) accurate, complete and current. In this regard, FleishmanHillard relies on its Employees and Consumers to update and correct Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized by the Employees or Consumers. Employees and Consumers may contact FleishmanHillard as indicated in this Policy to request that FleishmanHillard update or correct relevant Personal Data.
Subject to applicable law, FleishmanHillard retains Employee Personal Data and Consumer Personal Data in a form that identifies or renders identifiable the relevant Employee or Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Employee or Consumer.
IX. Access
Employees and Consumers generally have the right to access their Personal Data. Accordingly, where appropriate, FleishmanHillard provides Employees and Consumers with reasonable access to the Personal Data FleishmanHillard maintains about them. FleishmanHillard also provides a reasonable opportunity for Employees and Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. FleishmanHillard may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Employee’s privacy or Consumer’s privacy in the case in question, or where the rights of persons other than the Employee or the Consumer would be violated.
Employees and Consumers may request access to their Personal Data by contacting FleishmanHillard as indicated in this Policy.
X. Recourse, Enforcement and Liability
FleishmanHillard has mechanisms in place designed to effect compliance with the Privacy Shield Principles. FleishmanHillard conducts an annual self-assessment of its Employee and Consumer Personal Data practices to verify that the attestations and assertions FleishmanHillard makes about its Privacy Shield privacy practices are true and that FleishmanHillard’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
A. Employee Recourse: Employees may file a complaint concerning FleishmanHillard’s processing of their Personal Data. FleishmanHillard will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Employees may contact FleishmanHillard as specified below about complaints regarding FleishmanHillard’s Personal Data practices.
If an Employee’s complaint cannot be resolved through FleishmanHillard’s internal processes, FleishmanHillard will cooperate with the panel of EU data protection authorities established pursuant to the Privacy Shield to address relevant Employee complaints and provide Employees with appropriate recourse free of charge. FleishmanHillard also is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
B. Consumer Recourse: Consumers may file a complaint concerning FleishmanHillard’s processing of their Personal Data. FleishmanHillard will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact FleishmanHillard as specified below about complaints regarding Fleishman’s Consumer Personal Data practices.
If a Consumer’s complaint cannot be resolved through FleishmanHillard’s internal processes, FleishmanHillard will cooperate with the alternative dispute resolution provider JAMS (Judicial Arbitration and Mediation Services) pursuant to the JAMS International Mediation Rules, available on the JAMS website at:
www.jamsadr.com/international-mediation-rules.
JAMS mediation may be commenced as provided for in the relevant JAMS rules. The mediator may propose any appropriate remedy, such as deletion of the relevant Personal Data, publicity for findings of noncompliance, payment of compensation for losses incurred as a result of noncompliance, or cessation of processing of the Personal Data of the Consumer who brought the complaint. The mediator or the Consumer also may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over FleishmanHillard. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about FleishmanHillard’s compliance with the Privacy Shield Principles.
XI. How to Contact FleishmanHillard
To ask questions or express concerns about FleishmanHillard’s collection, management and processing of Personal Data, Consumers may contact one of the contacts listed below. Employees may contact any of the following contacts as well as the Employee’s manager, office general manager, talent development liaison, or ethics resources listed on the company intranet:
In the USA:
Systems Privacy POCs
FleishmanHillard
200 No. Broadway
St. Louis, Missouri 63102
In the European Union:
Systems Privacy POC FleishmanHillard (Europe)
40 Long Acre, Covent Garden
London WC2E 9LG United Kingdom
For questions or concerns about this Policy or the other Privacy Policies, please send an email to [email protected] or contact our Corporate Legal Department at:
Fleishman-Hillard Inc. (“FleishmanHillard”)
Attention: Corporate Legal Department
200 No. Broadway
St. Louis, MO 63102