Scope of Safe Harbor Certification
H5, a California corporation (hereinafter “H5” or “we”) recognizes that the European Community has established a data protection regime pursuant to Directive 95/46/EC, which applies to the European Economic Area (“EEA”) and restricts companies in the EEA in transferring personal data about individuals in the EEA to the United States, unless there is “adequate protection” for such personal data when it is received in the United States. To create such “adequate protection” and to overcome the restriction on international data transfers established by the Directive, H5 adheres to the Safe Harbor Privacy Principles published by US Department of Commerce (“Safe Harbor Principles”) with respect to personal data about individuals in the EEA that subsidiaries, customers, suppliers and other businesses in the EEA send to H5. H5’s Safe Harbor Certification does not extend to data that H5 receives directly through www.h5.com or other websites (information on H5’s practices regarding data received through websites is contained in the applicable website privacy statements, if any). More information on the Safe Harbor Principles and H5’s scope of participation is available at www.export.gov/safeharbor/sh_overview.html.
Scope of this Notice
H5 has issued a separate Safe Harbor Notice for Employees in the EEA and this Notice does not apply to employees of H5; this Notice addresses other data subjects residing in the EEA (“EEA Persons”) whose data H5 may receive from one of its subsidiaries, customers, suppliers or other businesses in the EEA, e.g., customers’ procurement managers, suppliers’ sales representatives, individual independent contractors, EEA residents who are mentioned or referred to in documents to be produced in pre-trial discovery proceedings, etc.
Categories of EEA Data
H5 sells data processing and advisory services largely to businesses and rarely to consumers. Thus, H5 receives mostly business-related information from the EEA. Occasionally, H5 also receives contact information related to individual representatives of businesses with whom H5 is dealing (including, without limitation, names, addresses, work phone numbers, work email addresses, etc.), and, in connection with our managed document review and advisory services, H5 processes data that may be relating to EEA residents on behalf of, and in accordance with instructions from, customers (collectively “EEA Data”). Since EEA Data covered by this Notice is by definition sent to H5 by another company in the EEA (e.g., a supplier to H5), the categories of data sent and the purposes of processing often depend on such other company, with whom the EEA Persons typically have a closer employment, business or other relationship (and which therefore, can provide additional information on categories of data shared with us).
Purposes
H5 collects and uses EEA Data for purposes of providing data processing and advisory services to its customers, communicating with corporate business partners about business matters, processing EEA Data on behalf of corporate customers, transmitting marketing emails and performing other marketing activities, and conducting related tasks for legitimate business purposes.
Disclosure
H5 shares EEA Data with affiliates and contractors, which process EEA Data on behalf of H5. H5 also shares EEA Data with other third parties for the purposes for which H5 receives the EEA Data (e.g., performance of contractual obligations) and as required or permitted by law.
With respect to marketing emails, EEA Persons may opt out of receiving further email marketing communications from H5 by sending an email to unsubscribe@h5.com, or by following opt-out instructions that are contained in each marketing email. EEA Persons may also send an email to this address to ask to opt out of disclosures to third parties, but such a limitation on data sharing may make it difficult or impossible for H5 to provide the requested services. Notwithstanding other statements in this General EEA Safe Harbor Notice, H5 may disclose EEA Data where it is legally required to disclose (e.g., under statutes, contracts or otherwise) or the disclosure is permitted by law and H5 has a legitimate business interest in such disclosure.
Access and Review
EEA Persons whose EEA Data H5 holds may request access to, and the opportunity to update, correct or delete some or all of the EEA Data that H5 holds about them. To submit such requests or raise any other questions, please contact the H5 Safe Harbor Contact as described below. H5 reserves the right to take appropriate steps to authenticate an applicant’s identity, charge an adequate fee before providing access and deny requests, except as required by the Safe Harbor Principles.
Safe Harbor Contact
If you have questions, please contact our H5 Safe Harbor Privacy Contact Thomas N. Murray, Jr., Esq. at 55 Second Street, 2nd Floor, San Francisco, CA 94105, telephone: (415) 625-6700, e-mail: tmurray@h5.com, or fax:(415) 625-6799.
If you have a comment or concern that cannot be resolved with H5 directly, you may contact the competent local data protection authority in your EEA Member State.