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, NetCasters 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 NetCasters to perform tasks on behalf of and under the instructions of NetCasters.
"NetCasters" means NetCasters Inc., 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 NetCasters 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, NetCasters 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.
Corporate Accounts: NetCasters enters into learning management system ("LMS") services agreements with its clients in the EU and clients with operations in the EU ("EU Clients"). Each EU Client may, at its discretion, upload personal information about its employees into the LMS or contract with NetCasters to do the same. The way in which this personal information is used within the LMS is then at the discretion of the EU Client. As such, each EU Client agrees and recognizes that it is the 'data controller' for the purposes of data protection legislation. This means that the EU Clients are responsible for complying with the data protection legislation in the relevant Member State national law. Any data provided by an EU Client to NetCasters is only disclosed to non-Agent third parties at the request and direction of the EU Client as the data controller, or when required by law. Any information that EU Clients identify as sensitive will be treated as such.
Individual Accounts: NetCasters, via its learning management service (TrainCaster LMS), provides the ability for the creation of individual accounts. It is possible for an EU citizen to create one of these accounts. Upon registration, certain personal information is required such as first name, last name and email address. The personal information obtained during the registration process and during the individuals use of the service is only used by NetCasters and its Agents to fulfill the service(s) to which the individual has subscribed.
NetCasters will take reasonable precautions consistent with generally accepted industry standards, including technical, administrative and physical to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. We cannot, however, guarantee the security of information on or transmitted via the Internet.
OVERSIGHT AND ENFORCEMENT
NetCasters has a Privacy Officer who is responsible for the internal supervision of NetCasters privacy policies. NetCasters also has a team of technicians to handle data security. NetCasters has self-assessment procedures in place to ensure its compliance.
NetCasters will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that NetCasters 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 the email address given below. NetCasters 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 NetCasters and the complainant, NetCasters 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 the NetCasters Privacy Officer by mail or e-mail as follows:
461 Boston Street, Suite B-3
Topsfield, MA 01983
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. NetCasters Inc. will provide appropriate public notice about such amendments.
EFFECTIVE DATE: February 10, 2012