Privacy Shield Notice
Updated: 23 October 2020
On July 16, 2020 The Court of Justice of the European Union issued a judgment declaring invalid the European Commission's Decision (EU) 2016/1250 of 12 July 2016 on the adequacy of the protection provided by the EU-U.S. Privacy Shield. As a result the EU-U.S. Privacy Shield Framework is no longer a valid mechanism to comply with the EU data protection requirements when transferring personal data from the EU to the U.S.
On September 8, 2020 the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland issued an opinion concluding that the Swiss-U.S. Privacy Shield Framework does not provide an adequate level of protection for data transfers from Switzerland to the United States pursuant to Switzerland’s Federal Act on Data Protection (FADP).
These decisions do not relieve participants in the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield Frameworks of their obligations under the EU-US and Swiss-U.S. Privacy Shield Framework.
The Department of commerce continues to administer the Privacy Shield program and Aquent is continuing our participation in the program as a way to demonstrate our commitment to handling Personal Information in accordance with privacy principles that offer meaningful privacy protections for EU individuals.
Participation in Privacy shield. Aquent complies with Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use and retention of personal information transferred from Switzerland, the United Kingdom, and European Union member countries to the United States. Aquent has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, Recourse Enforcement and Liability. If there is a conflict between this notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about Privacy Shield and to view Aquent’s certification please visit https://www.privacyshield.gov/list.
Data Processed. We obtain and process Personal Information from the European Union, United Kingdom, and Switzerland primarily as a data controller. As a data controller we collect and process personal data directly from individuals in the manner described in our Privacy Notice. We process this personal data as needed to run our business, to assist applicants to find assignments or direct hire positions with our clients, to provide services to our clients, and to pay our service providers.
On some occasions Aquent may operate as a data processor, processing data on behalf of and on the instructions of our customers in connection with our services. In these situations, our clients decide what personal data they submit to us, and we process the personal data at our customer’s instructions and pursuant to a contractual agreement. We may access and use this data in response to customer instruction and to fulfill our contract with such clients.
Liability for Onward Transfer. Aquent is responsible for the processing of personal data it receives under the Privacy Shield and subsequently transfers to a third party agent acting on its behalf. Aquent shall remain liable under the Privacy Shield Principles if its agents that it engages to process such personal information do so in a manner inconsistent with the Principles, unless Aquent proves that it is not responsible for the event giving rise to the damage.
Attention: Privacy Complaints
501 Boylston Street
Boston MA 02116
If a complaint or dispute cannot be resolved through Aquent’s internal process, Aquent has committed to refer such unresolved privacy complaints under the EU-US Privacy Shield and Swiss-U.S. Privacy Shield Principles, to an EU or Swiss Data Protection Authorities and to participate in the dispute resolution procedures of the panel established by the Data Protection authorities.
If your dispute can’t be resolved through use of the above referenced independent recourse mechanisms, you may have the right to require that Aquent enter into binding arbitration with you pursuant to the Privacy Shield’s Recourse, Enforcement, and Liability Principle and Annex 1 of the Privacy Shield.
Regulatory Oversight. Aquent is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.
Amendment. This Privacy Shield Notice may be amended consistent with the requirements of the EU-US Privacy Shield.