The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor Principles") to enable U.S. companies to satisfy the EU law requirement that personal information transferred from the EU to the United States be adequately protected. Consistent with its pledge to protect personal privacy, MarketPay Associates, LLC adheres to the Safe Harbor Principles.
The following definitions shall apply throughout this Policy:
"Agent" means any third party that uses personal information provided to MarketPay Associates, LLC to perform tasks on behalf of and under the instructions of MarketPay Associates, LLC.
"MarketPay Associates, LLC" means MarketPay Associates, LLC, its successors, subsidiaries, divisions and groups in the United States.
"Personal information" means any information or set of information that identifies or could be used by or on behalf of MarketPay Associates, LLC to identify an individual. Personal information does not include information that is encoded, anonymized, aggregated or publicly available information that has not been combined with non-public personal information.
"Sensitive personal information" means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. In addition, MarketPay Associates, LLC will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
The privacy principles in this Policy are based on the Safe Harbor Principles.
When MarketPay Associates, LLC collects personal information directly from individuals in the EU, it will inform them about the purposes for which it collects and uses their personal information, the types of non-agent third parties, if any, to which MarketPay Associates, LLC discloses that information, and the choices and means, if any, that MarketPay Associates, LLC 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 information to MarketPay Associates, LLC, or as soon as practicable thereafter, and in any event before MarketPay Associates, LLC uses the information for a purpose other than that for which it was originally collected.
If MarketPay Associates, LLC receives personal information from its subsidiaries, affiliates or other entities in the EU, it will use such information in accordance with the notices such entities provided and the choices made by the individuals to whom such personal information relates.
MarketPay Associates, LLC 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, MarketPay Associates, LLC 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.
MarketPay Associates, LLC will provide individuals with reasonable methods to exercise their choices.
MarketPay Associates, LLC will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. MarketPay Associates, LLC will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
MarketPay Associates, LLC will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. If MarketPay Associates, LLC has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, MarketPay Associates, LLC will take reasonable steps to prevent or stop the use or disclosure.
Upon request, MarketPay Associates, LLC will grant individuals reasonable access to personal information that it holds about them, and MarketPay Associates, LLC will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
MarketPay Associates, LLC will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
MarketPay Associates, LLC will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that MarketPay Associates, LLC determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
Any questions or concerns regarding the use or disclosure of personal information should be directed to Mark Avery - President, MarketPay Associates, LLC at the address given below. MarketPay Associates, LLC 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 MarketPay Associates, LLC and the complainant, MarketPay Associates, LLC 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:
MarketPay Associates, LLC
Mark Avery, President
600 Grant Street
Denver, CO 80203 USA
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. MarketPay Associates, LLC will provide appropriate public notice about such amendments.
June 24, 2011