Data Privacy Framework
The EU-US Data Privacy Framework (EU-US DPF), the UK Extension to the EU-US DPF, and the Swiss-US Data Privacy Framework (Swiss-US DPF)
Updated: October 30, 2023
Effective date: June 5, 2018
Data Privacy Framework
ClearCompany Inc. (hereafter, “ClearCompany”) has adopted this EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) Policy(hereafter, “Policy”) to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that ClearCompany obtains from Subscribers located in the European Union, United Kingdom, or Switzerland.
The Federal Trade Commission (FTC) has jurisdiction with enforcement authority over ClearCompany’s compliance with the EU-US DPF, the UK Extension to the EU-US DPF, and the Swiss-US DPF.
All ClearCompany employees who handle Personal Data from Europe, the United Kingdom, and Switzerland are required to comply with the Principles stated in this Policy.
Capitalized terms are defined in Section 14 of this Policy.
This Policy applies to the processing of Personal Data that ClearCompany receives in the United States concerning Data Subjects who reside in the European Union, United Kingdom, and Switzerland. ClearCompany provides products and services to businesses (“Subscribers”) for the purpose of hiring and managing 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.)
II. RESPONSIBILITIES AND MANAGEMENT
ClearCompany has designated the Information Security and Data Protection Officer to oversee its information security program, including its compliance with the Data Privacy Framework Principles (DPF Principles). The Information Security and Data Protection Officer shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to firstname.lastname@example.org. ClearCompany will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects.
III. RENEWAL / VERIFICATION
ClearCompany will renew its DPF Program certifications annually unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.
Prior to the re-certification, ClearCompany will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of Individual Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, ClearCompany will undertake the following:
Ensure that this Policy continues to comply with the DPF Principles
Confirm that Data Subjects are made aware of the process for addressing complaints and any independent dispute resolution process (ClearCompany may do so through its publicly posted website, Subscriber contract, or both)
Review its processes and procedures for training Employees about ClearCompany’s participation in the Data Privacy Framework programs.
IV. COLLECTION AND USE OF PERSONAL DATA
ClearCompany provides an online human resource management software suite (hereafter, “System”) to its Subscribers, who use the System to support business processes associated with the hiring and management of employees or contractors.
ClearCompany, as the Data Processor, collects Personal Data from Data Subjects who are employees of a Subscriber or seeking employment with a Subscriber. For example, a Data Subject seeking a job with a Subscriber company may submit an application through the System.
The Personal Data that we collect will vary based on the Data Subject’s role as an employee or job-seeker and which ClearCompany products the Subscriber has purchased and is using. As a general matter, ClearCompany collects the following types of data from Data Subjects applying for employment at a Subscriber: name, address, and contact information; work history and education as would typically be found on a resume or CV; and responses to job-specific qualification questions which the Subscriber asks of applicants to specific jobs. For Data Subjects employed by a Subscriber, additional data may include completed forms associated with their employment, as well as performance reviews and other human resource management business processes which the System is used to conduct online.
The Personal Data that we collect from Data Subjects is used exclusively for the business purposes of the Subscriber, to whom we act as a data processor.
ClearCompany uses Personal Data that it collects directly from Data Subjects and for its partners indirectly in its role as a service provider for the following business purposes, without limitation:
V. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided herein, ClearCompany discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
ClearCompany does not share data on individuals with non-agent third parties or allow it to be used for purposes other than those for which it was originally provided. If this practice should change in the future, we will notify our Subscribers who provide the subject data and instruct our Subscribers as to how they can offer opt-in or opt-out choices to affected individuals.
ClearCompany also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that ClearCompany 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.
VI. SENSITIVE DATA
ClearCompany may collect Sensitive Data from Data Subjects where such data is an intrinsic part of the business process which the System is being used to support. For example, many Subscribers collect data on each job applicant’s race and gender in order to comply with laws forbidding racial or gender-based discrimination in hiring decisions. ClearCompany only shares Sensitive Data with Third Parties who act as a data processor (for example, Amazon Web Services may be used for storage of certain types of data in the System), or who act as an agent providing a specific task in service of the Subscriber’s business processes.
VII. DATA INTEGRITY AND SECURITY
ClearCompany uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. ClearCompany 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 ClearCompany’s electronic information systems requires user authentication via password or similar means. ClearCompany also employs access restrictions, limiting the scope of Employees who have access to Data Subjects’ Personal Data.
Further, ClearCompany uses secure encryption technology to protect certain categories of data. All data is encrypted (for example, using HTTPS) when it is transmitted outside ClearCompany’s firewall, and certain types of data are encrypted at all times in the System. Despite these precautions, no data security safeguards guarantee 100% security all of the time.
IX. ACCESSING PERSONAL DATA
ClearCompany 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.
X. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
Right to Access. Data Subjects have the right to access their Personal Data about them is included in the System and to ensure that such Personal Data is accurate and relevant for the purposes for which the Subscriber collected it. 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 and Subscriber policies. Data Subjects may also request erasure of information that has been handled in violation of the DPF Principles.
In its role as a data processor, ClearCompany may notify our Subscriber of any requests it has received to change or erase data concerning a Data Subject who is a current, former, or prospective employee of the Subscriber prior to changing or erasing any data.
Requests for Personal Data.
ClearCompany 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 ClearCompany 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 Subscriber, ClearCompany will refer such Data Subject to the Subscriber. Satisfying Requests for Access, Modifications, and Corrections. ClearCompany will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
XI. CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the DPF Principles and applicable data protection and privacy laws and principles.
XII. QUESTIONS OR COMPLAINTS
Subscribers and Data Subjects under EU, UK, or Swiss jurisdiction may contact ClearCompany with questions or complaints concerning this Policy at the following address:
200 Clarendon Street, 49th Floor
Boston, MA 02116 USA
Attn: Data Privacy Framework Program Inquiry
For convenience, notices and inquiries may be copied by email at email@example.com; however, such notices and inquiries shall be considered binding under this Policy only if received by postal mail at the address above.
XIII. ENFORCEMENT AND DISPUTE RESOLUTION
In compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, ClearCompany commits to resolve complaints about our collection or use of your personal information transferred to the U.S. pursuant to the EU-U.S. DPF. EU and UK individuals with inquiries or complaints should first contact firstname.lastname@example.org.
ClearCompany has further committed to refer unresolved DPF Principles-related complaints to a U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbbprograms.org/dpf-complaints for more information and to file a complaint. This service is provided free of charge to you.
If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf.
XIV. DEFINED TERMS
“Subscriber” means a client company of ClearCompany that collects Personal Data on Data Subjects residing in the EU or Switzerland. The term also shall include any authorized individual agent or representative of an individual customer of ClearCompany, and all employees of the Subscriber.
“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.
“Europe” or “European” refers to a country in the European Union.
“Employee” refers to an employee or contractor of ClearCompany.
“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.
“System” refers to the suite of human resource management software products that Subscriber companies purchase from ClearCompany.
“Third Party” means any individual or entity that is neither ClearCompany nor the Subscriber, nor an employee, agent, contractor, or representative of same.