Safe Harbor Privacy Statement

Safe Harbor Privacy Statement

Last Updated: March 19, 2014

This Safe Harbor Privacy Statement applies to the data practices of RiseSmart, Inc. (referred to hereafter as "RiseSmart").  RiseSmart has developed this Safe Harbors Privacy Policy to explain how RiseSmart complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework.

Definitions:

 “RiseSmart” means RiseSmart, Inc.

 “Personal Data” means any information or set of information that identifies or could be used by or on behalf of RiseSmart to identify an individual. Personal Data does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public Personal Data.

 “Site” means the RiseSmart website located at http://RiseSmart.com/.

Background:

The U.S.-E.U. Safe Harbor Framework (the “U.S.-EU Safe Harbor”) was established in June 2000 by the United States Department of Commerce and the European Commission, as a method for legitimizing transfers of Personal Information from the European Economic Area  (“EEA”) the United States. In addition, the U.S. Department of Commerce and the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland have agreed on a similar set of data protection principles to enable U.S. companies to satisfy requirements under Swiss data protection law related to the transfers of Personal Information transferred from Switzerland to the U.S. (the “U.S.-Swiss Safe Harbor”). The Safe Harbor programs are  voluntary self-certification processes for companies operating in the United States. RiseSmart has certified to the EU Safe Harbor and the Swiss Safe Harbor programs and has developed this Safe Harbor Privacy Statement to describe its commitment to both the U.S.-EU Safe Harbor Principles and U.S.-Swiss Safe Harbor Principles (jointly referred to herein as the “Safe Harbor Principles”).

Scope:

This Safe Harbors Privacy Statement applies to all Personal Data received by RiseSmart in the United States from the EEA and Switzerland in any format including, without limitation, Personal Data in electronic or paper-based forms.

Notice:

When RiseSmart collects Personal Data directly from individuals in the EEA and Switzerland, RiseSmart informs them about the purposes for which it collects and uses their Personal Data.  RiseSmart informs such users about the purposes for which it collects and uses their Personal Data, the types of non-agent third parties, if any, to which RiseSmart discloses the Personal Data, and the choices and means, if any, that RiseSmart offers individuals for limiting the use and disclosure of their Personal Data. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Data to RiseSmart, or as soon as practicable thereafter, and in any event before RiseSmart uses the Personal Data for a purpose other than that for which it was originally collected. With respect to Personal Data that is collected through this Site, RiseSmart provides notice through this Safe Harbors Privacy Statement and the RiseSmart Web Site Privacy Policy located at http://www.risesmart.com/safe-harbor-privacy-statement.

If RiseSmart receives Personal Data from its subsidiaries, affiliates or other entities in the EEA and Switzerland, RiseSmart will use such Personal Data in accordance with the notices such entities provided and the choices made by the individuals to whom such Personal Data relates.

Choice:

We respect your right to privacy and do not want to send marketing materials to you if you choose not to receive them. Please let us know if you do not wish to receive future mailings from RiseSmart by contacting us as indicated below. In addition, you may modify certain of your preferences with respect to the use of your Personal Data for marketing purposes by contacting us at the email address indicated below.

Onward Transfer:

RiseSmart may disclose Personal Data to business partners and subcontractors as necessary in connection with the performance of certain services, or as otherwise appropriate in connection with a legitimate business need. RiseSmart may also disclose Personal Data as necessary in connection with the sale or transfer of all or part of its business. In these situations, RiseSmart will require the recipient of the Personal Data to protect the Personal Data in accordance with the Safe Harbors Principles and our policies.  RiseSmart may also disclose Personal Data as required or permitted by law, or when RiseSmart believes that disclosure is necessary to protect its rights and/or to comply with a judicial proceeding, a court order, a law enforcement request, or other legal process.

Security:

We are committed to securing all Personal Data provided to us. We have deployed process and technology measures to provide reasonable assurance that your Personal Data is secured against unauthorized use, loss or disclosure.

Data Integrity:

RiseSmart will take reasonable steps to ensure that Personal Data is accurate and we will employ controls to meet this requirement. If you become aware that Personal Data that we maintain about you is inaccurate or if you would like to update any of your Personal Data please let us know by contacting us as indicated below.

Access:

You may contact us to inquire about your Personal Data maintained by RiseSmart by sending us an e-mail at ddavenport@risesmart.com .  In addition, you can make corrections, updates and/or deletions to your account information by contacting us at the email address indicated below.

Enforcement:

We have deployed internal processes to monitor our compliance with the Safe Harbor Principles and to address all questions or complaints. We encourage you to raise any concerns or complaints directly with us by contacting us at ddavenport@risesmart.com.   

Dispute Resolution:

In furtherance of complying with the Safe Harbor Principles, RiseSmart has agreed to cooperate with the JAMS as its independent dispute resolution mechanism.

Changes:

This Safe Harbors Privacy Statement may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. RiseSmart will provide appropriate public notice about such modifications.

Contacting Us:

If you have any questions about this Safe Harbors Privacy Statement, please email us at ddavenport@risesmart.com.  Please include your name, address and email address in all communications and state clearly the nature of your request.

In addition, for further information about the U.S.-E.U. Safe Harbor and U.S.-Swiss Frameworks, consult the Department of Commerce’s web site at: http://www.export.gov/safeharbor

Safe Harbor Privacy Policy