This EU-US Privacy Policy explains how we adhere to the privacy principles of the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework with respect to transfers of personal information from the European Union, as well as Norway, Lichtenstein and Iceland (collectively, “EU”), and from Switzerland, to the United States. We are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

The United States Department of Commerce and the European Commission have agreed on a set of Privacy Shield Principles and Supplemental 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 “EU-US Privacy Shield”). The EU also has recognized the EU-US Privacy Shield as providing adequate data protection. The United States Department of Commerce and the government of Switzerland have agreed on a similar set of Privacy Shield Principles and Supplemental Principles, to enable U.S. companies to satisfy the requirement under applicable Swiss law that adequate protection be given to personal information transferred from Switzerland to the United States (the “Swiss-US Privacy Shield”).
We comply with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles.

A. Scope

This EU-US Privacy Policy applies to all personal information received by us in the United States from the EU and from Switzerland, in any format, including electronic, paper or verbal.

B. Definitions

For purposes of this Policy, the following definitions will apply:

• “agent” means any third party that collects or uses personal information under our instructions and for us, or to which we disclose personal information for use on our behalf.
• “personal information” and “personal data” means any data, information or data/information set(s) that identifies or could be used by or on behalf of us to identify an individual. Personal information does not include information that is encoded or anonymized, 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, trade union membership, views or activities, that concerns health or sex life, ideological views or activities, information on social security measures or benefits, or information on criminal or administrative proceedings and sanctions other than in the context of pending proceedings. In addition, we will treat as sensitive personal information any information received from a third party where that third party treats and explicitly identifies the information as sensitive within the same meaning as used here.

C. Privacy Shield Principles

The privacy principles in this EU-US Privacy Policy have been developed based on the Privacy Shield Principles and Supplemental Principles. For purposes of these principles and this section C, the term “EU” includes Switzerland.

(i) Notice. Where we collect personal information directly from individuals in the EU, we will inform such individuals about the purposes for which we collect and use personal information about them, the types of non–agent third parties to which we disclose that information, the choices and means, if any, we offer individuals for limiting the use and disclosure of personal information about them, and how to contact us. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information, or as soon as practicable thereafter, and in any event before we use or disclose the information for a purpose other than that for which it was originally collected.

Where we receive personal information from our subsidiaries, affiliates or other entities in the EU, we will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.

(ii) Choice. We 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 that is materially different than the purpose for which it was originally collected or subsequently authorized by the individual.

For sensitive personal information, we don’t solicit such information and there’s no need to disclose such information in order to use the Service. If we elect in the future to solicit such information, we will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of such solicited 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.

We will provide individuals with reasonable mechanisms to exercise their choices.

(iii) Data Integrity. We will use personal information only in ways that are compatible with and relevant to the purposes for which it was collected or subsequently authorized by the individual. We will take reasonable steps to ensure that personal information is reliable to its intended use, accurate, complete, and current. We will remain compliant for as long as we retain personal information. Personal information will be retained in a form identifying or making identifiable an individual only for so long as necessary to process such information, subject to our right to retain such information for longer periods for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research, and statistical analysis.

(iv) Accountability for Onward Transfer. To transfer personal data to an agent, we will: (a) transfer such data only for limited and specified purposes; (b) ascertain that the agent is obligated to provide at least the same level of privacy protection as is required by the Privacy Shield Principles; (c) take reasonable and appropriate steps to ensure that the agent effectively processes the personal information transferred in a manner consistent with our obligations under the Privacy Shield Principles; (d) require the agent to notify us if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles; (e) upon notice, including under (d), take reasonable and appropriate steps to stop and remediate unauthorized processing; (f) provide a summary or a representative copy of the relevant privacy provisions of its contract with that agent to the Department of Commerce upon request; and (g) enter into enforceable contracts with agents consistent with this Policy.

We will undertake to obtain assurances from our agents that they will safeguard personal information consistent with this Policy. Examples of appropriate assurances that may be provided by agents include: (h) a contract obligating the agent to provide at least the same or substantially similar level of protection as is required by the relevant Privacy Shield Principles, (i) such agent being certified as Privacy Shield Principles-compliant, (j) such agent being subject to the EU Data Protection Directive, or (k) such agent being subject to another EU or Swiss adequacy finding (e.g., companies located in Canada). Where we have knowledge that an agent is using or disclosing personal information in a manner contrary to this policy, we will take reasonable steps to prevent or stop such use or disclosure.

(v) Access and Correction. Upon request, we will grant individuals reasonable access to personal information that it holds about them. In addition, we will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete, or that has been processed in violation of the Privacy Shield Principles, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated.

(vi) Security. We will take reasonable and appropriate measures to protect personal information in our possession from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and nature of the personal data.

(vii) Enforcement. We will conduct compliance reviews of our relevant privacy practices to verify adherence to this EU-US Privacy Policy and appropriate employee and agent training as necessary. Any employee or agent of ours that we determine is in violation of this policy will be subject to disciplinary action up to and including termination of employment or service. We will be responsible if our agent processes personal information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.

(viii) Dispute Resolution. Any questions or concerns regarding the use or disclosure of personal information should be directed to the Holr Media Group, Inc. Privacy Agent at the address given below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information by reference to the Privacy Policy and this EU-US Privacy Policy in an expeditious manner, and at no cost to the individual.
We have further committed to refer unresolved Privacy Shield complaints to JAMS (jamsadr.com), an alternative dispute resolution provider located in the United States, which serves as our third-party dispute resolution provider for Privacy Shield Principles-related disputes. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS for more information or to file a complaint. The services of JAMS are provided at no cost to you.
Individuals may submit complaints on an individualized basis (and not purporting to be acting in a representative capacity or on behalf of a class) to JAMS. No damages, fees, or other remedies are available. Arbitrators will have the authority only to award individual-specific non-monetary equitable relief (such as access, correction, deletion, or return of the individual data’s in question). Each party will bear its own attorneys fees, subject to the rules of JAMS.
In addition, individuals may submit disputes to binding arbitration who first comply with pre-arbitration requirements. Arbitration may not be invoked and is not available if the individual’s same claimed violation of the Privacy Shield Principles: (a) has previously been subject to binding arbitration; (b) was the subject of a final judgment entered in a court action to which the individual was a party; or (c) was previously settled by the parties.

D. Limitation

Adherence to this EU-US Privacy Policy is limited to the extent (i) required to respond to a legal or ethical obligation; (ii) necessary to meet national security, public interest or law enforcement obligations; and (iii) expressly permitted by an applicable law, rule or regulation.

E. Privacy Policy

We recognize the importance of maintaining the privacy of information collected online and via applications, and have created the Privacy Policy (of which this EU-US Privacy Policy is a part) governing the treatment of personal information collected through web sites and applications that we operate. The Privacy Policy reflects additional legal requirements and evolving standards with respect to privacy, and in fact, we utilize this Privacy Policy in facilitating adherence to the Privacy Shield Principles. As such, this EU-US Privacy Policy and the Privacy Policy should be construed harmoniously wherever possible; however, with respect to personal information that is transferred from the EU or Switzerland to the US, the Privacy Policy is subordinate to this EU-US Privacy Policy.

F. Contact Information

Questions or comments regarding this policy should be submitted to the Holr Media Group Inc. Privacy Agent via e-mail to: social@holrback.com