Privacy Shield Notice

Effective Date: May 11th, 2018

Last Updated: May 11th, 2018

INTRODUCTION

Digital Kickstart LLC and its U.S. controlled subsidiaries (collectively, “Digital Kickstart”, “we”, “our” or “us”) respect your privacy. This Privacy Shield Notice (“Notice”) describes our standards and procedures regarding Personal Information transferred from the European Economic Area (“EEA”) and Switzerland to the U.S. in accordance with Digital Kickstart’s obligations under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks.

Digital Kickstart has subscribed to and will adhere to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks by adopting and implementing the Privacy Shield Principles (“Principles”). More information about the Privacy Shield can be found at www.privacyshield.gov. Our Privacy Shield certification can be found at www.privacyshield.gov/list.

For the purpose of this Notice, “Personal Information” means any data relating to an identified or identifiable individual, including, for example, name, address, telephone number and e-mail address, and “processing” means any operation performed on Personal Information, such as, for example, collection, use, management, consultation or disclosure.

This Notice 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.)

This notice supplements our Digital Kickstart privacy statement. Unless specifically defined in this notice, the terms in this notice have the same meaning as in our privacy statement. In case of conflict between this notice and the principles, the principles will govern.

HOW WE COLLECT PERSONAL INFORMATION

We obtain and process Personal Information from the EEA and Switzerland in different capacities.

As a data controller, we collect and process EEA and Swiss Personal Information directly from individuals, either via our publicly available websites, www.DigitalKickstart.com , or in connection with our customers, vendors, joint venture partners, and other marketing partners.
As an agent (as that term is used in the Principles), we obtain and process EEA and Swiss Personal Information on behalf of and under the instructions of our customers in connection with the online services Digital Kickstart provides (“Services”). In that context, customers are the data controllers or agents and the roles and responsibilities of the parties for the processing of Personal Information are defined in our agreements with customers.

Digital Kickstart commits to comply with the Principles with respect to all Personal Information received from the EEA and Switzerland in reliance on the Privacy Shield.

PRIVACY SHIELD PRINCIPLES

  1. Notice.Digital Kickstart’s Privacy Statement in combination with this Notice describes our privacy practices with respect to Personal Information received from the EEA and Switzerland in reliance on the Privacy Shield.
  2. Choice.When providing our Services, our customers choose the types of Personal Information we process and the purposes of the processing. Accordingly, our customers are responsible for providing notice to individuals. In the event Personal Information is (i) to be used for a purpose that is materially different from the purposes for which the Personal Information was originally collected or subsequently authorized, or (ii) transferred to a third party acting as a data controller, individuals will be given, where practical and appropriate, an opportunity to opt out of having their Personal Information so used or transferred where it involves non-sensitive information. Where such use or transfer involves sensitive information, individuals must opt-in before such use or transfer.
  3. Data Integrity and Purpose Limitation.Any Personal Information we receive may be used by Digital Kickstart for the purposes indicated in our Digital Kickstart Privacy Statement or as otherwise notified to you. We will not process Personal Information in a way that is incompatible with these purposes unless subsequently authorized by you.

We take reasonable steps to limit the collection and usage of Personal Information to that which is relevant for the purposes for which it was collected, and to ensure that such Personal Information is reliable, accurate, complete and current. Individuals are encouraged to keep their Personal Information with Digital Kickstart up to date and may contact Digital Kickstart as indicated below or in the Digital Kickstart Privacy Statement to request that their Personal Information be updated or corrected.

We will retain your Personal Information in an identifiable form only for the period necessary to fulfill the purposes outlined in the Digital Kickstart Privacy Statement, unless a longer retention period is required or permitted by law or by the Principles. We will adhere to the Principles for as long as we retain the Personal Information collected under the Privacy Shield.

When providing our Services, we process and retain Personal Information as necessary to provide our services as permitted in our agreement with customers, or as required or permitted under applicable law.

  1. Accountability for Onward Transfer of Personal Information. Digital Kickstart may transfer Personal Information for the purposes described in the Digital Kickstart Privacy Statement to a third party acting as a data controller or as an agent. If we intend to disclose Personal Data to a third party acting as a data controller or as an agent we will comply with, and protect, Personal Information as provided in the Accountability for Onward Transfer Principle. When providing our Services we disclose Personal Information as provided in our agreement with customers.

We remain responsible for the processing of Personal Information received under the Privacy Shield and subsequently transferred to a third party acting as an agent if the agent processes such Personal Information in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage.

  1. Security. Digital Kickstart takes reasonable and appropriate precautions, taking into account the risks involved in the processing and the nature of the Personal Information, to help protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
  2. Access.Where appropriate, individuals have reasonable access to their Personal Information and may request corrections, deletions, or additions where the Personal Information is inaccurate or has been processed in violation of the Principles. We may limit or deny access to Personal Information where providing such access is unreasonably burdensome or expensive under the circumstances, or as otherwise permitted by the Principles. You may request access to your Personal Information by contacting us as described below.

When providing our Services, we only process and disclose the Personal Information as specified in our agreements with customers. Our customers controls how Personal Information is disclosed to us and processed, and how it can be modified. Accordingly, if you want to request access, or to limit use or disclosure of your Personal Information, please contact the company to which you submitted your Personal Information and that uses our Services. If you contact us with the name of our customer to which you provided your Personal Information, we will refer your request to that customer and support them in responding to your request.

  1. Recourse, Enforcement and Liability.  Digital Kickstart has established procedures to periodically verify implementation of and compliance with the Principles. Digital Kickstart conducts an annual self-assessment of its practices regarding Personal Information intended to verify that the assertions Digital Kickstart makes about its practices are true and that such practices have been implemented as represented.
  2. Digital Kickstart 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.

In case of disputes, individuals are able to seek resolution of their questions or complaints regarding the processing of their Personal Information in accordance with the Principles. If an individual feels that Digital Kickstart is not abiding by this Notice or is not in compliance with the Principles, he or she should first contact Digital Kickstart at the contact information provided below.

If an issue cannot be resolved through Digital Kickstart’s internal dispute resolution mechanism, you may submit a complaint to JAMS, which provides, at no cost to you, an independent third-party dispute resolution option based in the U.S.  To contact JAMS and/or learn more about the company’s dispute resolution services, including instructions for submitting a complaint, please visit https://www.jamsadr.com/eu-us-privacy-shield.  For residual complaints not fully or partially resolved by other means, you may be able to invoke binding arbitration as detailed in the Principles available here.

Digital Kickstart is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (“FTC”).

RENEWAL AND VERIFICATION

Digital Kickstart will renew its US-EU Privacy Shield and Swiss-US 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, we will conduct an in-house verification to ensure that its attestations and assertions about its treatment of Personal Information are accurate and that the we have appropriately implemented these practices.

AMENDMENT

This Notice may be amended consistent with the requirements of the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. When we update this Notice, we will also revise the “Last Updated” date at the top of this document.

QUESTIONS OR COMPLAINTS

If you have any questions, concerns or complaint regarding our privacy practices, or if you’d like to exercise your choices or rights, you can contact us:

By email at Support@DigitalKickstart.com

By regular mail to Digital Kickstart LLC, Attn: Matt Callen, 550 Congressional Blvd., Suite 125 Carmel, Indiana, USA