Last Updated: September 12, 2017
Matthews Media Group, Inc. (“MMG”) respects your concerns about privacy. MMG participates in the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (collectively, the “Privacy Shield”) issued by the U.S. Department of Commerce. MMG commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU and Switzerland in reliance on the Privacy Shield. This Policy describes how MMG implements the Privacy Shield Principles for Consumer Personal Data.
For purposes of this Policy:
“Consumer” means any natural person who is located in the EU or Switzerland, 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, intern, temporary worker or contractor of MMG or any of its EU or Swiss subsidiaries or affiliates, or any related individual whose Personal Data MMG processes in connection with an employment relationship, who is located in the EU or Switzerland.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by MMG in the U.S. from the EU or Switzerland, and (iii) recorded in any form.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.
“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 (including trade union-related views or activities), sex life (including personal sexuality), information on social security measures, 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 (including administrative proceedings and criminal sanctions).
“Supplier” means any supplier, vendor or other third party located in the EU or Switzerland that provides services or products to MMG.
The types of Consumer Personal Data MMG collects in connection with recruitment for clinical trials may include:
If the use of the relevant Personal Data is not consistent with the general research purposes for which the Personal Data was originally collected, or to which the Consumer consented subsequently, MMG obtains new consent from the Consumer where appropriate. If a Consumer decides or is asked to withdraw from a clinical trial, MMG may process the relevant Personal Data collected prior to withdrawal along with other information collected as part of the clinical trial as indicated in the relevant clinical trial recruitment consent form prior to the Consumer’s participation in the clinical trial.
The types of Consumer Personal Data MMG collects when a Consumer visits MMG’s website include:
MMG also obtains Personal Data, such as contact information and financial account information, of its Suppliers’ representatives. MMG uses this information to manage its relationships with its Suppliers, process payments, expenses and reimbursements, and carry out MMG’s obligations under its contracts with the Suppliers.
MMG also may obtain and use Consumer Personal Data in other ways for which MMG provides specific notice at the time of collection.
MMG’s privacy practices regarding the processing of 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.
Relevant information also may be found in notices pertaining to specific data processing activities.
MMG generally offers Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the Privacy Shield Principles, MMG obtains opt-in consent for certain uses and disclosures of Sensitive Data. Consumers may contact MMG as indicated below regarding the company’s use or disclosure of their Personal Data. Unless MMG offers Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy.
MMG may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. MMG 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).
Except as permitted or required by applicable law, MMG provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. MMG requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify MMG 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 for Personal Data as is required by the Privacy Shield Principles.
With respect to transfers of Consumer Personal Data to third-party Processors, MMG (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) 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, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with MMG’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify MMG 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, (vi) upon notice, including under (v) 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. MMG remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless MMG proves that it is not responsible for the event giving rise to the damage.
MMG takes reasonable and appropriate measures to protect 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.
MMG limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. MMG does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes, MMG takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, MMG relies on its Consumers to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers may contact MMG as indicated below to request that MMG update or correct relevant Personal Data.
Subject to applicable law, MMG retains Consumer Personal Data in a form that identifies or renders identifiable the relevant 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 Consumer.
Consumers generally have the right to access their Personal Data. Accordingly, where appropriate, MMG provides Consumers with reasonable access to the Personal Data MMG maintains about them. MMG also provides a reasonable opportunity for those 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. MMG may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting MMG as indicated below.
MMG has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. MMG conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions MMG makes about its Privacy Shield privacy practices are true and that MMG’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
Consumers may file a complaint concerning MMG’s processing of their Personal Data. MMG will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact MMG as specified below about complaints regarding MMG’s Consumer Personal Data practices.
If a Consumer’s complaint cannot be resolved through MMG’s internal processes, MMG has further committed to refer unresolved Privacy Shield complaints to JAMS pursuant to the JAMS Privacy Shield Program, which is described on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield. This is an alternative dispute resolution provider located in the United States. MMG has joined JAMS as a wholly-owned entity of Omnicom, http://www.omnicomgroup.com. If a Consumer does not receive timely acknowledgment of the Consumer’s complaint from MMG, or if MMG has not addressed the Consumer’s complaint to the Consumer’s satisfaction, the Consumer can contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to Consumers.
Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over MMG. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about MMG’s compliance with the Privacy Shield Principles.