The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor 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 EEA also has recognized the U.S. Safe Harbor as providing adequate data protection (OJ L 45, 15.2.2001, p.47). Consistent with its commitment to protect personal privacy, Host Analytics, Inc. adheres to the Safe Harbor Principles.
For purposes of this Policy, the following definitions shall apply: "Host Analytics, Inc." will refer to its application service (http://www.hostanalytics.com). "Personal information" means any information or set of information that identifies or could be used by Host Analytics, Inc. or its agents 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, or trade union membership, or that concerns health or sex life. In addition, Host Analytics, Inc. will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
Adherence to European Union Safe Harbor Privacy Principles
Host Analytics, Inc. has instituted measures and mechanisms to ensure adherence to the European Union Safe Harbor Privacy Principles. Among other requirements, adherence involves engaging an independent third party to resolve privacy disputes. If you are a European consumer and feel your privacy dispute or complaint has not been adequately resolved, the EU Data Protection Authorities has been contracted by Host Analytics, Inc. to handle complaints that allege a failure to comply with the Safe Harbor Privacy Principles.
To learn more about the Safe Harbor program, and to view Host Analytics’ certification, please visit http://www.export.gov/safeharbor/.
Law Enforcement; Subpoenas
Host Analytics, Inc. may disclose Personal Data, including the data you submit to the Service, with or without notice (a) if required by a subpoena or other judicial or administrative order, (b) where required by law, or (c) at our sole discretion, where we deem it necessary to protect the safety of any individual or the general public or to prevent violation of our User Agreement or the rights of Host Analytics, Inc. or any third party.
Host Analytics, Inc. And its Affiliates
Change of Ownership
In the event of a change in ownership, or a direct merger or acquisition with another entity, we reserve the right to transfer all of Host Analytics, Inc. User information, including Personal Data, to a separate entity. We will use commercially reasonable efforts to notify you (by posting on our website or an email to the email address you provide when you register) of any change in ownership, merger or acquisition of Host Analytics, Inc. assets by a third party, and you may choose to modify any of their registration information at that time.
Host Analytics, Inc. uses industry standard security measures to protect against the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by Host Analytics, Inc. in a secure operating environment that is not available to the public, Host Analytics, Inc. cannot guarantee complete security. Further, while we take reasonable steps to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "crackers" from obtaining this information.
UPDATING OR REMOVING USER INFORMATION
You may, at any time, choose to correct or update the information you have submitted to Host Analytics, Inc., by updating your account on our website (http://www.hostanalytics.com).
If you cancel your account, your Personal Data and other information may be retained in our archive or backup records.
The privacy principles in this Policy are based on the Safe Harbor Principles.
1. NOTICE: Where Host Analytics, Inc. collects personal information directly from individuals in the EEA, it will inform them about the purposes for which it collects and uses personal information about them, the types of non-agent third parties to which Host Analytics, Inc. discloses that information, and the choices and means, if any, Host Analytics, Inc. offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Host Analytics, Inc., or as soon as practicable thereafter, and in any event before Host Analytics, Inc. uses the information for a purpose other than that for which it was originally collected.
2. CHOICE: Where Host Analytics, Inc. collects personal information directly from individuals in the EEA, Host Analytics, Inc. 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 other than the purpose for which it was originally collected or subsequently authorized by the individual. For sensitive personal information, Host Analytics, Inc. will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the 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. Host Analytics, Inc. will provide individuals with reasonable mechanisms to exercise their choices.
3. ONWARD TRANSFERS TO AGENTS: Host Analytics, Inc. will obtain assurances from its agents that they will safeguard personal information consistent with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the agent, or being subject to another European Commission adequacy finding. Where Host Analytics, Inc. has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Host Analytics, Inc. will take reasonable steps to prevent or stop the use or disclosure.
4. SECURITY: Host Analytics, Inc. will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
5. DATA INTEGRITY: Host Analytics, Inc. will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Host Analytics, Inc. will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
6. ACCESS: Upon request, Host Analytics, Inc. will grant individuals reasonable access to personal information that it holds about them. In addition, Host Analytics, Inc. will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
7. ENFORCEMENT: Host Analytics, Inc. will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Host Analytics, Inc. determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
Any questions or concerns regarding the use or disclosure of personal information should be directed to Host Analytics, Inc. at the address given below. Host Analytics, Inc. will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy.
Host Analytics, Inc.
101 Redwood Shores Parkway, Suite 101
Redwood City, CA 94065
Or via email at Safeharbor@hostanalytics.com
Host Analytics Inc. has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, 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 by Host Analytics, Inc., please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. Appropriate public notice will be given concerning material amendments or changes to this Policy.