Wyngle Inc. ("Wyngle") has adopted this Privacy Shield Policy ("Policy") to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that Wyngle obtains from Customers located in the European Union and Switzerland.
The Federal Trade Commission (FTC) has jurisdiction over Wyngle's compliance with the Privacy Shield.
All Wyngle employees who handle Personal Data from Europe and Switzerland are required to comply with the Principles stated in this Policy.
Capitalized terms are defined in Section XIV of this Policy.
This Policy applies to the processing of Individual Customer Personal Data that Wyngle receives in the United States concerning Individual Customers who reside in the European Union and Switzerland. Wyngle provides products and services to businesses and consumers.
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.)
Wyngle has designated the Legal Department to oversee its information security program, including its compliance with the EU Privacy Shield program and Swiss Privacy Shield program. The Legal Department 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 privacy [at] wyngle dot com.
Wyngle will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. Wyngle personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section VII for a discussion of the steps that Wyngle has undertaken to protect Personal Data.
Wyngle will renew its EU Privacy Shield and US Swiss Privacy Shield 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, Wyngle 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, Wyngle will undertake the following:
Wyngle will prepare an internal verification statement on an annual basis.
Wyngle provides various services to its Individual Customers who use their @wyngle.com email address. Wyngle collects Personal Data from Individual Customers when they make online purchases with their @wyngle.com email address, register with our website, log-in to their account, complete surveys, request information or otherwise communicate with us. For example, Wyngle individual customers may choose to seek live support or write and publish a review through their account.
Except as otherwise provided herein, Wyngle discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the service provided by the Third Parties and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
Wyngle may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, Wyngle may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by Wyngle and they must either:
Wyngle 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 Wyngle 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. Wyngle is liable for appropriate onward transfers of personal data to third parties.
Wyngle does not collect Sensitive Data from its Individual Customers.
Wyngle uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. Wyngle has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to Wyngle's electronic information systems requires user authentication via password or similar means. Wyngle also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data.
Further, Wyngle uses secure encryption technology to protect certain categories of personal data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.
Wyngle 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.
This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make employees available of changes to this policy either by posting to our intranet, through email, or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
EU Individual customers may contact Wyngle with questions or complaints concerning this Policy at the following address:
privacy [at] wyngle dot com
WYNGLE conducts an annual self-assessment to verify that this Privacy Shield Policy is accurate, comprehensive, prominently displayed, implemented, accessible and is in compliance with the US-EU Privacy Shield Principles, and that the company has put in place appropriate employee training and Privacy Shield compliance review procedures.
In compliance with the US Swiss Privacy Shield Principles, Wyngle commits to resolve complaints about your privacy and our collection or use of your personal information. Swiss individuals with a question or concern about the use of their Personal Data should contact us at: privacy [at] wyngle dot com.
Customers may file a complaint with Wyngle regarding the company’s handling of their Personal Information by contacting the company as indicated above. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your EU Personal Data within 45 days of receiving your complaint. For any unresolved complaints, we have agreed to cooperate with JAMS. If you are unsatisfied with the resolution of your complaint, you may contact JAMS at https://www.jamsadr.com/eu-us-privacy-shield for further information and assistance.
You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with IPsoft and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see US Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration).
Capitalized terms in this Privacy Shield Policy have the following meanings:
"Individual Customer" means an Individual customer or client of Wyngle from EU or Switzerland. The term also shall include any individual agent, representative, of an individual customer of Wyngle and all employee of Wyngle where Wyngle has obtained his or her Personal Data from such Individual Customer as part of its business relationship with Wyngle.
"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.
"Employee" means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of Wyngle or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.
"Europe" or "European" refers to a country in the European Union.
"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.
"Third Party" means any individual or entity that is neither Wyngle nor an Wyngle employee, agent, contractor, or representative.
Version 1.1 - November 21, 2016