Metric One, Inc. (Here in after the "Company") respects individual privacy and values the confidence of customers, employees, consumers, business partners and others. The Company strives to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business, and strides to uphold the highest ethical standards in its business practices. This Safe Harbor Privacy Policy (the "Policy") sets forth the privacy principles that the Company follows with respect to personal information transferred by Customer from the European Union (EU) to the Application hosted in the United States. SAFE HARBOR 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 requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. The EEA also has recognized the U.S. Safe Harbor as providing adequate data protection (OJ L 45, 15.2.2001, and p.47). Consistent with its commitment to protect personal privacy, Metric One, Inc adheres to the Safe Harbor Principles. The Safe Harbor Privacy Policy (the "Policy") applies to all personal information received by Metric One, Inc in the United States from its clients and their associates in the European Economic Area, in any format including electronic, paper or verbal.
For purposes of this Policy, the following definitions shall apply: "Agent" means any third party that collects or uses personal information under the instructions of, and solely for, the Company or to which the Company discloses personal information for use on its behalf. The "Company" means Metric One, Inc.; a California based corporation and its respective successors, subsidiaries, divisions and groups in the United States. The “Application” means the software application Business Protector (BP) which is provided as a service in the cloud (i.e. SaaS model). The Application is a Business Continuity Planning (BCP) and Management software. "Personal Information" means any information or set of information that identifies an individual. Personal Information does not include information that is encoded or anonymized, nor does it include publicly available information that has not been combined with non-public personal information. “Customer” means the company that subscribes to the Business Protector application. "Sensitive Personal Information" means Personal Information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns an individual's health. In addition, the Company will treat as Sensitive Personal Information any Personal Information received by the Company from a third party where that third party treats and identifies the information as Sensitive Personal Information.
The Application does not collect Sensitive Personal Information. The Personal Information collected in the Application is solely for the purpose of communicating with the Customer’s related personnel. A typical scenario would include the activation or simulated activation of a BCP/DR plan; Customer’s personnel would be contacted by various methods such as email or telephony (voice and/or text).
The privacy principles in this Policy are based on the Safe Harbor Principles.
NOTICE: The Customer enters/imports Personal Information into the Application directly from individuals in the EU, it is Customer’s responsibility to inform the individuals about the type of Personal Information being collected, the purposes for which it collects and uses the Personal Information, and the types of non-agent third parties to which the Customer discloses or may disclose such Personal Information, and the choices and means, if any, the Customer offers individuals for limiting the use and disclosure of their Personal Information. Where the Customer receives Personal Information from its subsidiaries, affiliates or other non-affiliated entities in the EU, the Customer will use and disclose such Personal Information only in accordance with the notices provided by such entities and the choices made by the individuals to whom such Personal Information relates.
CHOICE: The Customer should offer individuals the opportunity to choose 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, each such choice being an "opt-out." Customer should provide individuals with reasonable mechanisms to exercise their "opt-out" or "opt-in" choices.
DATA INTEGRITY: The - Customer should use Personal Information through the Application only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Customer will take reasonable steps to ensure that Personal Information it is authorized to use or disclose is relevant to its intended use, accurate, complete and current prior to such use or disclosure.
TRANSFERS TO AGENTS: The Company will obtain written assurances from its agents to whom it discloses Personal Information under this Policy that they will safeguard Personal Information consistent with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive); Safe Harbor certification by the agent; or being subject to another European Commission adequacy finding, assurance that the agent will comply with the terms of such other adequacy finding. Where the Company becomes aware that an agent is using or disclosing Personal Information in a manner contrary to this Policy, the Company will take reasonable steps to prevent or stop the use or disclosure.
ACCESS AND CORRECTION: In the Application, authenticated Customer Users will be granted reasonable access to Personal Information that it holds about them. In addition, the Application will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. The Company does not have the authority to make any modifications to the Personal Information stored in the system, unless it is authorized by the Customer.
SECURITY: The Company will take reasonable precautions to protect Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. The Copmany will not use,share or otherwise re-distribute the Personal Information collected in the Application.
ENFORCEMENT: The Company’s Data Security Policy encompasses the principles of the Safe Harbor Principles stated in this policy and will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that the Company determines is in violation of this Policy will be subject to disciplinary action up to and including termination of employment.
DISPUTE RESOLUTION:
Any questions or concerns regarding the use or disclosure of Personal Information should be directed to the Company's Privacy Office at the address given below. The Company will investigate and attempt to resolve complaints and disputes regarding unauthorized use and disclosure of Personal Information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between the Company and the complainant, the Company 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.
7545 Irvine Center Dr. #200
Irvine, CA 92618
Email: PrivacyOffice@metricone.com
Adherence by the Company to these Safe Harbor Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; and (b) to the extent expressly permitted by an applicable law, rule or regulation.
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. An appropriate notice will be posted in the Application’s help page.