All Intrepid employees who handle Personal Data are required to comply with the Principles stated in this Policy.
Capitalized terms are defined in Section 15 of this Policy.
This Policy applies to the processing of Personal Data that Intrepid receives in the United States concerning its Customers, including those who reside in the European Union and Switzerland. Intrepid provides learning products and services to businesses, who use our products and services to serve their employees.
This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)
- RESPONSIBILITIES AND MANAGEMENT
Intrepid has designated the Technology Department to oversee its information security program, including its compliance with the Privacy Shield programs. The Technology Department shall review and approve any material changes to Intrepid’s information security program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to firstname.lastname@example.org.
Intrepid will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that we collect. Intrepid personnel will receive training, as applicable, to implement this Policy. Please refer to Section 7 for a discussion of the steps that Intrepid has undertaken to protect Personal Data.
III. RENEWAL / VERIFICATION
Intrepid will renew its Privacy Shield certifications annually, unless it subsequently determines that we no longer need such certifications or if we employ a different adequacy mechanism.
Prior to the re-certification, Intrepid will conduct an in-house verification to ensure that our attestations and assertions with regard to our treatment of Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, Intrepid will undertake the following:
- Review this Privacy Shield policy to ensure that it accurately describes our practices regarding the collection of Customer Personal Data
- Ensure that this Policy continues to comply with the Privacy Shield Principles
- Confirm that Customers are made aware of the process for addressing complaints and any independent dispute resolution process (Intrepid may do so through our publicly posted website, Customer contract, or both)
- Review our processes and procedures for training Employees about Intrepid’s participation in the Privacy Shield programs and the appropriate handling of Customer Personal Data
- COLLECTION AND USE OF PERSONAL DATA
Intrepid provides a learning software platform (“Intrepid Platform”) to our Customers (both business customers and individuals who are the users of the Intrepid Platform). Intrepid collects Personal Data from Customers when they purchase our products, register with our website, request information from us, or otherwise communicate with us. Intrepid also collects Personal Data from Customers when they register on the Intrepid Platform, log-in to their account, enroll in learning programs on the Intrepid Platform, post information on the Intrepid Platform, or otherwise communicate with us.
The Personal Data that we collect may vary based on the Customer’s interaction with our website and request for our services. As a general matter, Intrepid collects the following types of Personal Data from its Customers communicating with us through our website: contact information, including a contact person’s name, work email address, work mailing address, work telephone number, title, and company name. The Personal Data that we collect from Customers that use our Intrepid Platform includes: contact information, including the person’s name, work email address, and company name.
When Customers use our Intrepid Platform, we may also collect their IP address, browser type and other information such as device network provider, device type, time zone, geolocation, network status, browser identifier, unique device identification number, network provider user ID (a number uniquely allocated by the network provider), and Media Access Control (MAC) address and/or the International Mobile Equipment Identity. We may associate this information with a specific Customer. When Customers make inquiries through our website, they may provide data about the specific purpose of their inquiry. The information described above may be collected using cookies, which are small data text files stored on a user’s computer that uniquely identifies the user’s browser.
For our Intrepid Platform, Intrepid serves as a service provider to our Customers. In our capacity as a service provider, we will receive, store, and/or process Personal Data owned and/or controlled by our Customers, including information about their employees, clients, customers, agents, or other individuals. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of each particular Customer.
Intrepid uses Personal Data that it collects directly from our Customers in its role as a service provider for the following business purposes, without limitation: (1) maintaining, supporting and improving our products, delivering and providing the requested products/services, and complying with our service obligations related thereto (including reporting, invoices, renewals, and other operations related to providing services to a Customer); (2) satisfying governmental reporting, tax, and other requirements (e.g., import/export); (3) storing and processing data, including Personal Data, in computer databases and servers located in the United States; (4) verifying identity (e.g., for online access to accounts); (5) as requested by the Customer; (6) for other business-related purposes permitted or required under applicable local law and regulation; (7) helping us detect fraud or misuse of our products/services; and (8) as otherwise required by law.
Our services are not intended for, nor do we knowingly collect information from, children under the age of majority. Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requiring parental consent. Any person who provides his or her personal information to us represents that he or she is 13 years of age or older.
- DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided herein, Intrepid discloses Personal Data only to Third Parties who reasonably need to know such data. Such recipients must agree to abide by confidentiality obligations.
Intrepid may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, Intrepid may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by Intrepid and they must either: (1) with regard to Personal Data from individuals residing in Europe, comply with the Privacy Shield Principles or another mechanism permitted by the applicable European data protection law(s) for transfers and processing of Personal Data; or (2) agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy. Intrepid also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Personal Data from individuals residing in Australia will be treated the same as Personal Data from European individuals under the Privacy Shield Principles or another mechanism permitted by the applicable European data protection law(s) for transfers and processing of Personal Data, regardless of whether such data has become public.
Intrepid also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
In cases of onward transfer to third parties of data of European Union or Swiss individuals received pursuant to the EU-US or Swiss-US Privacy Shield, Intrepid is potentially liable.
- SENSITIVE DATA
Intrepid does not collect Sensitive Data from our Customers.
VII. DATA INTEGRITY AND SECURITY
Intrepid uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. Intrepid has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to Intrepid’s electronic information systems requires user authentication via password or similar means. Intrepid also employs access restrictions, limiting the scope of employees who have access to Personal Data. Further, Intrepid uses secure encryption technology to protect certain categories of personal data.
Despite these precautions, no data security safeguards guarantee 100% security all of the time.
- ACCESSING PERSONAL DATA
Intrepid personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
- RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
- Right to Access. Data Subjects have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which Intrepid collected the Personal Data. Data Subjects may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law. Upon reasonable request and as required by the Privacy Shield Principles, Intrepid allows Customers access to their Personal Data, in order to correct or amend such data where inaccurate.
Customers may edit their Personal Data by logging into their account profile or by contacting Intrepid by phone or email. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Customers should submit a written request to email@example.com with a copy to firstname.lastname@example.org. Following erasure of information, it may take up to one year before the information is no longer on storage media in our backup system.
- Requests for Personal Data. Intrepid will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If Intrepid receives a request for access to his/her Personal Data from a Data Subject, then, unless otherwise required under law or by contract with such Customer, Intrepid will refer such Data Subject to Customer.
- Satisfying Requests for Access, Modifications, and Corrections. Intrepid will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
- Opting-Out of Sharing Personal Data with Third Parties. Intrepid does not currently share Personal Data with Third Parties except for agents, consultants, and contractors to perform tasks on behalf of and under our instructions so that we can provide our services to Customers. If in the future Intrepid does plan to start sharing Personal Data with Third Parties for their own use, we will update this Policy to provide a mechanism for individuals to opt-out of that sharing.
- CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make employees available of changes to this policy either by posting to our intranet, through email, or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
XII. QUESTIONS OR COMPLAINTS
Customers may contact Intrepid with questions or complaints concerning this Policy at the following address: email@example.com
XIII. COMPLAINTS, ENFORCEMENT AND DISPUTE RESOLUTION FOR EU AND SWISS INDIVIDUALS
Intrepid has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint.
Intrepid is also subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
Capitalized terms in this Policy have the following meanings:
“Customer” means a prospective, current, or former partner (distributor or reseller), vendor, supplier, customer, or client of Intrepid. The term also shall include any individual agent, employee, representative, customer, or client of an Intrepid Customer where Intrepid has obtained his or her Personal Data from such Customer as part of its business relationship with the Customer.
“Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.
“Employee” means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of Intrepid or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area or Switzerland.
“Europe” or “European” refers to a country in the European Economic Area or Switzerland.
“Personal Data” as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term “person” includes both a natural person and a legal entity, regardless of the form of the legal entity.
“Sensitive Data” means Personal Data that discloses a Data Subject’s medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
“Third Party” means any individual or entity that is neither Intrepid nor an Intrepid employee, agent, contractor, or representative.
Last update: November 1, 2017