Privacy Shield Policy



AArete Inc., and its subsidiary AArete LLC.,(“AArete”) comply with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use and retention of personal information from European Union member countries transferred to the United States pursuant to Privacy Shield. AArete has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program and to view our certification page, please visit https://www.privacyshield.gov/

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, AArete is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.

Definitions

“Data Subject” means the individual to whom any given Personal Data covered by this Privacy Shield Policy refers.

“Data Controller” means the natural or legal person, public authority, agency or any other body that alone or jointly with others determines the purposes and means of processing personal data.

“Data Processor” means the natural or legal person, public authority, agency or any other body that processes personal data on behalf of the controller.

“Personal Data” means any information relating to an individual residing in the European Union that can be used to identify that individual either on its own or in combination with other readily available data.

“Sensitive Personal Data” means Personal Data regarding an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, physical or mental health or sexual life.

Scope and Responsibility 

This Privacy Shield Policy applies to Personal Data transferred from the European Union member countries to AArete’s operations in the U.S. in reliance with the respective Privacy Shield framework and does not apply to Personal Data transferred under Standard Contractual Clauses or any approved derogation from the EU Directive.

Personal Data collected by AArete includes actively collected data. Data is actively collected when you ask questions on this site or communicate directly with us via e-mail addresses posted on this site. Personal Data collected in this way includes name, address, e-mail address, phone number or any other information that you disclose to us while communicating with us via e-mail. IP addresses of visitors to this site are logged. We do not use ‘cookies’, i.e. files written to the visitor’s computer that are used by some sites for record-keeping or to remember certain information about visitors.

Some types of Personal Data may be subject to other privacy-related requirements and policies. For example:

  • Please refer to AArete’s Web Site Privacy Policy at https://www.aarete.com/privacy-policy.
  • Personal Data regarding and/or received from a client is also subject to any specific agreement with, or notice to, the client as well as additional applicable laws and professional standards.

  • Employee Personal Information is subject to internal human resource policies, including the Privacy Statement contained in AArete’s Employee Handbook.

All employees of AArete having access in the U.S. to Personal Data covered by this Privacy Shield Policy are responsible for conducting themselves in accordance with this Privacy Shield Policy.  Adherence by AArete to this Privacy Shield Policy may be limited to the extent required to meet legal, regulatory, governmental or national security obligations. However, Personal Data covered by this Privacy Shield Policy shall not be collected, used or disclosed in a manner contrary to this policy without the prior written permission of AArete’s Privacy Officer. 

AArete employees responsible for engaging third parties to whom Personal Data covered by this Privacy Shield Policy will be transferred are responsible for obtaining appropriate assurances that such third parties have an obligation to conduct themselves in accordance with the applicable provisions of this Privacy Shield Principles, including any applicable contractual assurances required by Privacy Shield.

Privacy Shield Principles

AArete commits to subject to the Privacy Shields’ Principles all Personal Data received by AArete in the U.S. from European Union members

1. Notice

AArete notifies Data Subjects covered by this Choice Privacy Shield Policy about its data practices regarding Personal Data received by AArete in the U.S. from European Union member countries, including the types of Personal Data it collects; the purposes for which it collects and uses such Personal Data; the types of third parties to which it discloses such Personal Data and the purposes for which it does so; the rights of Data Subjects to access their Personal Data; the choices and means that AArete offers for limiting its use and disclosure of such Personal Data; how AArete’s obligations under the Privacy Shield are enforced and how Data Subjects can contact AArete with any enquiries or complaints.

2. Choice

If Personal Data covered by this Privacy Shield Policy is to be used for a new purpose that is materially different from that for which the Personal Data was originally collected or subsequently authorized or is to be disclosed to a non-agent third party, AArete will provide Data Subjects with an opportunity to choose whether to have the Personal Data so used or disclosed. Requests to opt out of such uses or disclosures of Personal Data should be sent to privacy@aarete.com.

If Sensitive Personal Data covered by this Privacy Shield Policy is to be used for a new purpose that is different from that for which the Personal Data was originally collected or subsequently authorised, or is to be disclosed to a third party, AArete will obtain the Data Subject’s explicit consent prior to such use or disclosure.

3. Accountability for Onward Transfer

We may share information related to web traffic, including IP addresses, with third parties for the purpose of maintaining the site and measuring traffic and traffic trends at this site. This information is logged within AArete’s hosted web server and may be seen by third parties involved in developing and/or maintaining this site.

We may share information actively collected from you with third parties for the purpose of responding to direct enquiries. Privacy enquiries may be provided to AArete’s clients in the event that fully complying with the enquiry requires that the client becomes informed. Enquiries regarding open positions and career opportunities at AArete are logged in AArete’s internal systems, which may include web-hosted applications. Enquiries regarding AArete’s services may be shared with third parties that AArete engages for follow-up for such requests. Enquiries regarding requests for comment may be shared with AArete’s third party Marketing and Public Relations partners.

Actively and passively collected information will be stored within AArete’s internal systems. This information may be seen by third parties involved for supporting and maintaining AArete’s internal systems.

AArete does not otherwise provide or sell any Personal Data to third parties.

In the event that we transfer Personal Data covered by this Privacy Shield Policy to a third party acting as a controller, we will do so consistent with any notice provided to Data Subjects and any consent they have given, and only if the third party has given us contractual assurances that it will (i) process the Personal Data for limited and specified purposes consistent with any consent provided by the Data Subjects, (ii) provide at least the same level of protection as is required by the Privacy Shield Principles and notify us if it makes a determination that it cannot do so; and (iii) cease processing of the Personal Data or take other reasonable and appropriate steps to remediate if it makes such a determination. If AArete has knowledge that a third party acting as a controller is processing Personal Data covered by this Privacy Shield Policy in a way that is contrary to the Privacy Shield Principles, AArete will take reasonable steps to prevent or stop such processing. 

With respect to our agents, we will transfer only the Personal Data covered by this Privacy Shield Policy needed for an agent to deliver to AArete the requested product or service.  Furthermore, we will (i) permit the agent to process such Personal Data only for limited and specified purposes; (ii) require the agent to provide at least the same level of privacy protection as is required by the Privacy Shield Principles; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the Personal Data transferred in a manner consistent with AArete’s obligations under the Privacy Shield Principles; and (iv) require the agent notify AArete if he/she has determined that the obligation to provide the same level of protection as is required by the Privacy Shield Principles cannot be met. Upon receiving notice from an agent that he/she can no longer meet the obligation to provide the same level of protection as is required by the Privacy Shield Principles, we will take reasonable and appropriate steps to stop and remediate unauthorised processing.  

AArete remains liable under the Privacy Shield Principles if an agent processes Personal Data covered by this Privacy Shield Policy in a manner inconsistent with the Principles, except where AArete is not responsible for the event giving rise to the damage.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including meeting national security or law enforcement requirements.

4. Security

AArete takes reasonable and appropriate measures to protect Personal Data covered by this Privacy Shield Policy from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of Personal Data.

5. Data Integrity and Purpose Limitation

AArete limits the collection of Personal Data covered by this Privacy Shield Policy to information that is relevant for processing purposes. AArete does not process such Personal Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorised by the Data Subject.

AArete takes reasonable steps to ensure that such Personal Data is reliable for its intended use, accurate, complete and current. AArete takes reasonable and appropriate measures to comply with the requirement under the Privacy Shield to retain Personal Data in identifiable form only for as long as it serves a purpose of processing, which includes AArete’s obligations to comply with professional standards, AArete’s business purposes and unless a longer retention period is permitted by law. AArete adheres to the Privacy Shield Principles for as long as it retains such Personal Data. 

6. Access

Data Subjects whose Personal Data is covered by this Privacy Shield Policy have the right to access such Personal Data and to correct, amend or delete such Personal Data if it is inaccurate or has been processed in violation of the Privacy Shield Principles (except when the burden or expense of providing access, correction, amendment or deletion would be disproportionate to the risks to the Data Subject’s privacy or where the rights of persons other than the Data Subject would be violated). The requests for access, correction, amendment or deletion should be sent to privacy@aarete.com.

We will provide an individual opt-out choice or opt-in for sensitive data before we share your data with third parties other than our agents or use it for a purpose other than which it was originally collected or subsequently authorised. To request to limit the use and disclosure of your personal information, please submit a written request to privacy@aarete.com.

7. Recourse, Enforcement, and Liability

In compliance with the Privacy Shield Principles, AArete commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union individuals with Privacy Shield enquiries or complaints should first contact AArete by email at privacy@aarete.com.

AArete has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, 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, then please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the abovementioned channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-i...

Changes to this Privacy Shield Policy

This Privacy Shield Policy may be regularly amended consistent with the requirements of the Privacy Shield. Appropriate notice regarding such amendments will be provided.