POLICY ON DATA PROTECTION AND PRIVACY OF PERSONAL INFORMATION
I. Introduction
Litigation Services & Technologies
(“LST”) transacts business with companies located in the United States and
internationally, including countries that are part of the European Union (“EU”).
Our policy concerning the privacy of individuals’ personal identifiable
information is treated consistently with the same high level of security
regardless of whether the information emanated from within or without the United
States.
II. Data Protection Compliance
It is Litigation Services
& Technologies policy to comply with all applicable regulatory requirements for
the processing of personal and sensitive data, including the EU Data Protection
Directive, the U.S. Commerce Department Safe Harbor framework, and the U.K. Data
Protection Act of 1998, as each may be amended and supplemented.
III. Litigation Services & Technologies provides litigation
support services.
Litigation Services & Technologies role in data protection
and privacy is generally limited by its position as a litigation support
provider.
Litigation Services & Technologies currently receives data from
entities located in both the United States and EU members for the purpose of
litigation discovery. The methods used encompass computer forensic, electronic
data discovery, physical collection of paper documents and any other type of
media collection requests for conversion and / or processing. As set forth in
FAQ 10 of the Safe Harbor Framework, data controllers in the European Union are
always required to enter into a contract when a transfer for mere processing is
made, whether the processing operation is carried out inside or outside the EU.
The purpose of the contract is to protect the interests of the data controller,
i.e. the person or body who determines the purposes and means of processing, who
retains full responsibility for the data vis-à-vis the individual(s) concerned.
The contract thus specifies the processing to be carried out and any measures
necessary to ensure that the data are kept secure. Litigation Services &
Technologies currently is subject to and will enter into a written contract with
any EU Member, prior to processing any such electronic data. The contract will
contain terms and provisions regarding each respective party’s rights and
obligations as it relates to the processing of data for litigation purposes.
This will ensure that the EU data controller will be in compliance with the
Member State Data Protection law. Any data processed by Litigation Services &
Technologies will not be disclosed to third parties, except where permitted or
required by the contract between the EU Member and Litigation Services &
Technologies. Any information, which a Litigation Services & Technologies
customer (acting as the EU controller) identifies as sensitive information will
be treated accordingly.
Litigation Services & Technologies has in place and will provide as such in a Master Agreement with any EU Member that Litigation Services & Technologies has adequate data security measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction.
IV. Definitions:
For purposes of this Policy, the
following definitions shall apply:
“Agent” means any third party that may use Personal Information provided by Litigation Services & Technologies to perform tasks on behalf of or at the instruction of Litigation Services & Technologies.
“Personal Information” means any information or set of information that identifies or could be used by or on behalf of Litigation Services & Technologies to identify an individual. Personal information does not include information that is encoded or anonymzed, or publicly available information that has been combined with non-public Personal Information. Personal Information means any nformation that reveals race, ethnic origin, trade union membership, or that concerns health. In addition, Litigation Services & Technologies will treat any sensitive information received from a third party where that third party treats and identifies the information as sensitive as Personal Information.
V. Privacy Principles
A. “Notice.” Where Litigation
Services & Technologies collects Personal Information directly or indirectly
from individuals or corporations, it will inform them about the purposes for
which it collects and uses Personal Information. Notice will be provided in
clear and conspicuous language when individuals are first asked to provide
Personal Information to Litigation Services & Technologies, or as soon as
practicable thereafter, and in any event before Litigation Services &
Technologies uses the information for a purpose other than that for which it was
originally collected. Litigation Services & Technologies may disclose Personal
Information if required to do so by law or to protect and defend the rights or
property of Litigation Services & Technologies.
B. “Choice.” Litigation Services & Technologies will offer
individuals and corporations the opportunity to choose (opt-out) whether their
Personal Information is;
1) To be disclosed to a non-agent third party, or
2) To be used for a purpose other than the purpose for which it was originally
collected or subsequently authorizes by the individual or corporation
3) For
sensitive Personal Information Litigation Services & Technologies 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 or corporation.
4)
Litigation Services & Technologies will provide individuals with reasonable
mechanisms to exercise their choice should requisite circumstances arise.
C. “Data Integrity.” Litigation Services & Technologies will use Personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Litigation Services & Technologies will take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete and current.
D. “Access.” Upon request, Litigation Services & Technologies will grant individuals reasonable access to Personal Information that it holds about them. In addition, Litigation Services & Technologies will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
E. “Security.” Litigation Services & Technologies will take responsible steps to ensure that data is reliable for its intended use, accurate, complete, and current.
F. “Enforcement.” Litigation Services & Technologies will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Litigation Services & Technologies determines is in violation of this Policy will be subject to disciplinary action up to and including termination of employment.
VI. Dispute Resolution. Any questions or concerns regarding the use or disclosure of Personal Information should be directed to the Litigation Services & Technologies at the address given below. Litigation Services & Technologies 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. For complaints that cannot be resolved between Litigation Services & Technologies and the complainant, Litigation Services & Technologies has agreed to participate in the dispute resolution procedures of the panel established by the European Data Protection Authorities to resolve disputes pursuant to the Safe Harbor Principles.
VII. Contact Information. Questions or comments regarding this Policy should be submitted to the Litigation Services & Technologies by mail or e-mail as follows:
Litigation Services & Technologies
1640 W. Alta Dr.
Suite 4
Las Vegas, Nevada 89106
Privacypolicy@litigation-services.net