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. Consistent with its commitment to protect personal privacy, FPX adheres to the Safe Harbor Principles.
For purposes of this Policy, the following definitions shall apply:
“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, FPX or to which FPX discloses personal information for use on its behalf.
“FPX” means FPX, LLC, a Texas limited liability company.
“Personal information” means any information or set of information that identifies or is used by or on behalf of FPX 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, sexual orientation, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns an individual’s health. In addition, FPX will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
The privacy principles in this Policy are based on the Safe Harbor Principles.
NOTICE: Where FPX collects personal information directly from individuals in the EU, it will inform them about the type of personal information collected, the purposes for which it collects and uses the personal information, and the types of non-agent third parties to which FPX discloses or may disclose that information, and the choices and means, if any, FPX 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 FPX, or as soon as practicable thereafter, and in any event before FPX uses or discloses the information for a purpose other than that for which it was originally collected.
Where FPX receives personal information from its subsidiaries, affiliates or other entities in the EU, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.
CHOICE: FPX 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, FPX 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.
FPX will provide individuals with reasonable mechanisms to exercise their choices.
DATA INTEGRITY: FPX will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. FPX will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
TRANSFERS TO AGENTS: FPX will obtain assurances from its agents that they will safeguard personal information consistently 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 FPX becomes aware that an agent is using or disclosing personal information in a manner contrary to this Policy, FPX will take reasonable steps to prevent or stop the use or disclosure.
ACCESS AND CORRECTION: Upon request, FPX will grant individuals reasonable access to personal information that it holds about them. In addition, FPX will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
SECURITY: FPX will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
ENFORCEMENT: FPX will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that FPX determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of personal information should be directed to FPX’s Privacy Office at the address given below. FPX 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 FPX and the complainant, FPX 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.
LIMITATION ON APPLICATION OF PRINCIPLES
Adherence by FPX to these Safe Harbor Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; and (b) to the extent expressly permitted by an applicable law, rule or regulation.
Questions or comments regarding this Policy should be submitted to the following person by mail as follows:
FPX 11 Civic Center Plaza Suite 310 Mankato, MN 56001 USA Attention: General Counsel Telephone: 507.388.0400 Facsimile: 507.388.0401
To learn more about the Safe Harbor program, and to view FPX’s certification, please visit http://www.export.gov/safeharbor/.
Effective Date: 12/15/2009