POLICY ON DATA PROTECTION AND PRIVACY OF PERSONAL INFORMATION
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-a-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.
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
3960 Howard Hughes Parkway Suite 700
Las Vegas, Nevada 89169
The preceding paragraphs describe Litigation Services & Technologies Personal Data Protection Policy as of Friday, June 26, 2007. Litigation Services & Technologies retains the right to modify or amend this Policy at any time consistent with the requirements of the Safe Harbor Principles.