Date: 08/22/2017 – Privacy Shield Statement
The following privacy principles apply to our collection, use, and disclosure of personal data between the member states of the European Union, the European Economic Area, Switzerland, and the United States.
Notice: Under most circumstances, Forensics Consulting Solutions, LLC does not collect personal data for processing directly from the party in possession, but receives the data for processing from counsel or client under an agreement to hold such data under strict rules of confidentiality and privacy. FCS enters into e-discovery agreements with its clients in the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield, which may include the processing of information relating to their clients’ customers and employees. In these agreements, the EU and/or the EEA and/or Switzerland, client agrees and recognizes that it is the ‘data controller’ for the purposes of data protection legislation. This means that our clients in possession of data originating from the EU and/or EEA, and/or Switzerland are responsible for complying with the data protection legislation in the relevant Member State national law before it sends its customer data to, or requests data collection by FCS for processing in the United States. Data collected by FCS in any EU member state and/or EEA member state, and/or Swiss state, will only be transferred to the United States upon requests by the client and written consent given by the data subject. Any data processed by FCS is only disclosed to third parties, other than those referenced in the “Onward Transfer” section, at the request and direction of its European and/or Swiss client as the data controller, or when required by law. FCS has a Compliance Manager who is responsible for the internal supervision of FCS privacy policies. FCS also has technicians to handle data security. FCS educates its employees about compliance with the Privacy Shield Principles and has self-assessment procedures in place to ensure its compliance. FCS adheres to the U.S.-EU Privacy Shield Framework and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce. FCS does not use customer data for any purpose incompatible with those purposes authorized in its client agreements. Sensitive information is not stored except as directed by FCS clients who own the data and does not transfer to third parties except as authorized by client.
Choice: Where FCS collects personal information directly from individuals within the European Economic Area and/or the EEA, and/or Switzerland, FCS will offer the opportunity to choose (opt out) whether their personal information is:
- To be disclosed to a non-agent third-party or
- Can be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual or corporation.
- For sensitive personal information, FCS will give individuals the opportunity to affirmatively and explicitly (opt in) consent if the information is to be disclosed to a third party or used for a purpose other than for which it was originally collected or subsequently authorized by the individual.
- FCS will provide individuals with reasonable mechanisms to exercise their choice should circumstances arise
Onward Transfer: FCS will obtain assurances from their agents that they will safeguard personal information consistently with this Policy. 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 EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield Principles. Where required by the Privacy Shield, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection that Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf. FCS will take reasonable and appropriate steps to ensure that third-party agents and service providers process Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Where FCS becomes aware that an agent is using or disclosing personal information in a manner contrary to these Policies, FCS will take reasonable steps to prevent or stop the use or disclosure. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of EU, EEA and Swiss Personal Data that we transfer to them.
Security: FCS will take reasonable and responsible steps to protect the personal information in its possession from loss, misuse, unauthorized access, or disclosure.
Data Integrity: FCS will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. FCS will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
Access: Upon request, FCS will grant individuals reasonable access to personal information that it holds about them. In addition, FCS will take reasonable steps to individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
The compliance officer is: K.J. Kuchta. The primary Privacy Shield contact is: K.J. Kuchta. All complaints/disputes should be addressed to: Forensics Consulting Solutions Attention: Privacy Shield Compliance 2600 N. Central, Suite 700 Phoenix, AZ 85004 or email to PrivacyShield@DiscoverFCS.com. For questions call 602-354-2799.
If for any reason a complaint or dispute cannot be resolved through these mechanisms, individuals may invoke binding arbitration. A complaint can be submitted for arbitration to Judicial Arbitration and Mediation Services (JAMS) EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Claim with JAMS (see https://www.jamsadr.com/eu-us-privacy-shield for both E-U-U.S. AND SWISS-U.S.).
Amendment: FCS may amend this policy from time to time by posting a revised policy on this website, or a similar website that replaces this site. If we amend the policy, the new policy will apply to personal data previously collected only insofar as the rights of the individual affected are not reduced. So long as we adhere to the Privacy Shield Program, we will not amend our policy in a manner inconsistent with the Privacy Shield Program.