Safe Harbor and Privacy Policy.

Safe Harbor

Scope of Safe Harbor Certification

H5, a California corporation (hereinafter “H5” or “we”) has certified that it adheres to the Safe Harbor Privacy Principles published by US Department of Commerce (“Safe Harbor Principles”) with respect to personal data that subsidiaries, customers, suppliers and other businesses in the EEA and Switzerland 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.) More information on the Safe Harbor Principles and H5’s scope of participation is available at www.export.gov/safeharbor/. H5 continues to comply with the original U.S.-EU and U.S.-Swiss Safe Harbor Frameworks while H5 prepares for certification under the EU-U.S. Privacy Shield.  In the meantime, please note that H5’s customers and other third parties may choose to transfer personal data to H5 on the basis of other legal mechanisms approved by regulators in the European Union, Switzerland and elsewhere for cross-border data transfers.

Purposes

H5 collects and uses EEA and Swiss Data for purposes of providing data processing and advisory services to its customers, communicating with corporate business partners about business matters, processing EEA and Swiss 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 and Swiss Data with affiliates and contractors, which process EEA and Swiss Data on behalf of H5. H5 also shares EEA and Swiss Data with other third parties for the purposes for which H5 receives the EEA and Swiss Data (e.g., performance of contractual obligations) and as required or permitted by law.

 

With respect to marketing emails, EEA Persons and Swiss 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 and Swiss 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 and Swiss Safe Harbor Notice, H5 may disclose EEA and Swiss 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.

 

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”) and Switzerland (“Swiss Persons”) whose data H5 may receive from one of its subsidiaries, customers, suppliers or other businesses in the EEA or Switzerland, e.g., customers’ procurement managers, suppliers’ sales representatives, individual independent contractors, EEA or Swiss residents who are mentioned or referred to in documents to be produced in pre-trial discovery proceedings etc., or for other reasons.

Categories of EEA and Swiss 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 and Switzerland. 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 or Swiss residents on behalf of, and in accordance with instructions from, customers (collectively “EEA and Swiss Data”). Since EEA and Swiss Data covered by this Notice is by definition sent to H5 by another company in the EEA or Switzerland (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 or Swiss Persons typically have a closer employment, business or other relationship (and which therefore, can provide additional information on categories of data shared with us).

Access and Review

EEA Persons and Swiss Persons whose EEA Data and Swiss 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:

Jeff Kangas (jkangas@h5.com)

595 Market Street

San Francisco, CA 94105

Phone: (415) 625-6700, Fax: (415) 625-6799

If you have a Safe Harbor-related comment or concern that cannot be resolved with H5 directly, you may contact the competent local data protection authority in your EEA Member State or Switzerland.

Privacy Policy

This Website Privacy Statement (“Statement”), provides information about how we collect, use and transfer personally identifiable data that we obtain from you, a website visitor, through www.h5.com and other websites that we operate and on which we post a direct link to this Statement (collectively the “Site”).

Scope

This Statement covers only data collected through the Site and not any other data collectionor processing, including, without limitation, data collection practices of other web pages to which we link or data that we or our affiliates collect offline or through websites that do not display a direct link to this Statement. Occasionally, we may refer to this Statement in notices and consent requests related to surveys and special-purpose web pages; under such circumstances, this Statement applies as modified in the particular notice or consent request (e.g., with respect to types of data collected or purposes of collection). Our Safe Harbor Certification covers human resources data and personal data about individuals in the EEA and Switzerland that subsidiaries, customers, suppliers and other businesses in the EEA and Switzerland send to H5. H5’s Safe Harbor Certification does not extend to data that H5 receives directly through the Site, as further explained in our EEA and Swiss Safe Harbor Notice. Some of our business units and web pages apply this Statement subject to specifically disclosed modifications, supplements or exceptions.

Use of Information

We collect information you purposely submit primarily for the purpose for which you originally sent us the data (e.g., to provide information you requested) or to use it to inform you about services, products, events, news, market surveys and the like. You can opt out of receiving marketing emails as explained below.

We collect information collected by automated means primarily to use in administering, protecting and improving our Site and our systems, to better understand the preferences of our Site visitors, to identify server problems, to compile aggregated statistics about Site usage, to perform market research, and to help personalize your experience of our Site.

We may use third parties to collect, on our behalf, the information described above. In addition, we may share collected information with third parties who aggregate information, facilitate communications, perform data analysis, and/or perform other services on our behalf.

Links to Other Sites

We provide links to third-party websites. Those sites are independent of our Site and have their own privacy policies and practices. If you visit those sites and or submit information, the collection and use of your information will be governed by their policies. We strongly encourage you to review the privacy policies of any site you visit.

Disclosures of Personal Information

We are not in the business of selling or renting your information to telemarketers. We freely share your information with our employees and affiliates in locations around the world. We may use third parties to collect your information and may also share your information with agents and service providers who are intended to use the data only on our behalf and for our purposes. We will share your information as required by law or in the interest of protecting or exercising our or others’ legal rights, e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings. We may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business. Also, we reserve the right to fully use and disclose any information collected via the Site that is not in personally identifiable form.

Security

Transmission and storage of electronic information is never 100% secure or error-free. However, we take reasonable steps and expect our third party service providers to take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. It is your responsibility to safeguard any password and User ID you use to access the Site and to notify us at webmaster@h5.com if you ever suspect that this password or User ID has been compromised. You are solely responsible for any unauthorized use of the Site conducted via your password and User ID.

Contact Us

Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding the information practices described in this Statement. You may send an e-mail to webmaster@h5.com or write to us at H5 Webmaster, 595 Market Street, San Francisco, CA 94105.

Information We Collect

Through the Site, we receive data that you actively submit as well as data that we track:

 

  • Information You Purposefully Submit: When you request information, download papers, subscribe to a service, register as a user for an event, respond to an online survey, comment on a blog, send us an email, or otherwise actively send us data, we usually collect data such as your name, email address(es), mailing address(es), telephone number(s), and certain information related to the business you represent. If you apply for a job, we may collect your resume and other personal information. If you contribute to a public forum, such as a blog, we will collect the informaiton you post and the information will also be publically accessible. In each such instance, you will know what data we collect through the Site, because you actively submit it.

 

  • Information Collected by Automated Means: When you visit the Site, we also collect certain information by automated means. For example, we track information on your computer and Internet connection, such as the IP address of your computer and/or Internet service provider, the date and time you access our websites, the Internet address of websites from which you link to our Site, the computer technology you are using and the pages and links you visit and your preferences on our Site. We use technology that many other websites employ, including, without limitation:

 

  • “Cookies.” These are small data files that are placed on your computer’s hard drive to collect information. We may use cookies to recognize you as a previous visitor and to track your activity on the Site. Cookies may enhance your user experience. However, you do not have to accept cookies to visit our Site. If you prefer not to accept cookies, you can refuse cookies by turning them off on your browser.

 

  • “Log files.” These are lists of events, requests, actions logged by a computer to track Site visitors and activity on the Site.

 

  • “Web Beacons” (or “clear gifs” or “web tags”). These are tiny graphics with unique identifiers that are placed on Site pages to collect information about the movement of users on the Site.

In addition, if you visit or track H5 through social media links on this Site, or directly through those social media sites, we may gather information that you post. To the extent permitted by applicable law, we may combine information gathered by automated means and publicly available information with personal data that you purposefully submit.

Opt-Out

In connection with promotions or communications, we may ask you specifically whether you have objections against a certain kind of data use or sharing. If you opt-out under such circumstances, we will respect your decision. To opt-out of receiving further commercial emails or to unsubscribe from services, please contact us at unsubscribe@h5.com. Please note that other data recipients have their own data privacy policies, which may differ from ours and you would have to contact them separately with respect to opt-out requests.

Access

If personal information you have submitted through the Site is no longer accurate, current, or complete, and you wish to update it, please send an e-mail to webmaster@h5.com. Upon appropriate request we will usually be glad to update or amend your information, but we reserve the right to use information obtained previously to verify your identity or take other actions that we believe are appropriate.

Children’s Privacy

The Site is intended for adults in the United States. We do not intentionally or knowingly collect, personally-identifiable information from children under the age of 13 and we request that individuals under the age of 13 not submit any personal information on the Site.

Effective Date, Amendments

This Statement is effective as of July 30, 2012. We reserve the right to add, remove, or otherwise modify this Statement from time to time and in our sole discretion. When you visit the Site, you are accepting the current version of this Statement as posted on the Site at that time. We recommend that users revisit this Statement on occasion to learn of any changes.