EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Policy
True Partners Consulting LLC (“True Partners,” “the firm,” “we,” “us,” “our”), commit to the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework (collectively, the “Privacy Shield”) with respect to the collection, use, and retention of Personal Information from the European Union (“EU”), European Economic Area (“EEA”), and Switzerland to the United States. Accordingly, we follow the Privacy Shield Principles published by the U.S. Department of Commerce (the “Principles”).
True Partners has certified our participation in the Privacy Shield to the Department of Commerce. The following outlines our commitment and general policy for implementing the Principles. Specifically, this statement serves as notice of what personal information we collect, how we use it, and the choices affected individuals have in regard to the information that is personal to them. If there is any conflict between True Partners’ Privacy Shield Policy (the “Privacy Shield Policy,” the “Policy”) and the Principles, the Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov.
APPLICABILITY AND SCOPE
True Partners only collects Personal Information as permitted by the Principles for the purposes of rendering our professional services and human resources administration. For purposes of our Policy, “Personal Information” is defined as information that:
- Is transferred from the EU, EEA, or Switzerland to the United States on reliance of the Privacy Shield;
- Is about, or pertains to a specific individual; and
- Can be linked either directly or indirectly (in combination with other readily available data) to that individual.
Information includes data we collect online, off-line, and manually processed data, except where the Policy details an exception. Specifically, the Personal Information True Partners collects includes, but is not limited to, financial history questionnaires, financial statements, statements of portfolio holdings, other forms, transactional documents and information, and correspondence between you and us, our affiliates, and third parties. Personal Information may also include sensitive Personal Information meaning information regarding an individual’s racial or ethnic origin, immigration status, political opinions, religious or philosophical beliefs, trade-union membership, physical or mental health, or sexual life. We may also collect information in regards to you from other sources including, but not limited to, interviews with you, tax return organizers, and financial planning organizers.
NOTICE AND CHOICE
True Partners notifies all affected individuals of what Personal Information we collect and how we intend to use it. All Personal Information is subject to your consent provided through our engagement letters, employment agreements, and other similar documents. In addition to our commitment to the Principles, True Partners’ policy is to limit information collected to only the minimum information required to provide services to you.
Some types of Personal Information may also be subject to other privacy-related requirements and policies. This includes, but may not be limited to, information obtained from or relating to clients or former clients subject to the terms of any privacy notice to the client, any engagement letter or other similar letters or agreements with the client, and applicable laws and professional standards. Personal Information of employees, agents, and sub-contractors is further subject to internal human resource policies.
SECURITY AND ACCESS
True Partners restricts the collection of Personal Information to the amount needed to deliver you the requested product or service. We maintain physical, electronic, and procedural safeguards in compliance with applicable law to protect your information from unauthorized loss, misuse, alteration, or destruction. However, we cannot guarantee the security of information on or transmitted via the Internet.
Additional safeguard measures include, but are not limited to, the education and training of our employees. All employees of True Partners that have access in the U.S. to Personal Information covered by this Privacy Shield Policy are responsible for conducting themselves in accordance with this Privacy Shield Policy.
True Partners furthermore takes reasonable steps to ensure that such Personal Information is reliable for its intended use, accurate, complete, and current for only as long as it serves its intended purpose, which includes True Partners’ obligations to comply with professional standards, and business purposes.
You maintain the right to access your Personal Information collected by True Partners as specified in the Privacy Shield to correct, amend, or delete such Personal Information if it is inaccurate or has been processed in violation of the Privacy Shield Principles. True Partners may request additional identifying information as a security precaution. Access may be limited or denied to Personal Information where providing access would be unreasonably burdensome or expensive in the circumstances, or where the rights of persons other than the individual may be violated. Requests for access, correction, amendment, or deletion should be sent to Privacy.Shield@tpctax.com.
True Partners does not disclose Personal Information to third parties except where the individual has consented to the disclosure, the disclosure is required by lawful requests by public authorities, the disclosure is required by law or mandatory professional standards, when information is publicly available, the disclosure is reasonable for the establishment of legal claims, or the disclosure is an approved derogation from the EU Directive.
Third-party access of Personal Information may also be necessary for our firm to best render our services to you and may be properly transferred under standard contractual clauses. In respect to such transfers, we will only transfer the Personal Information covered by this Privacy Shield Policy needed for an agent or sub-contractor to deliver to True Partners the requested product or service. Furthermore, we will only permit that agent to process such Personal Information for that limited and specified purpose. True Partners will also request the agent or sub-contractor effectively processes Personal Information consistent with our Privacy Shield Policy and the Principles. If the agent or sub-contractor determines it cannot meet such obligations, we require it to immediately notify us. In the event agents or sub-contractors process personal information in a manner inconsistent with the Privacy Shield Principles, True Partners remains responsible and liable under the Privacy Shield Principles, unless it is determined that True Partners is not responsible for the event giving rise to the damage.
Further permitted transfers of Personal Information, either to third parties or within True Partners, include the transfer of data from one jurisdiction to another, including transfers to and from the United States. Since privacy laws may differ from one jurisdiction to another, Personal Information may be transferred to a jurisdiction where the laws provide less or different protection than the jurisdiction which the data originated. If True Partners has knowledge that a third party acting as a controller is processing Personal Information covered by this Privacy Shield Policy in a way that is contrary to the Principles, True Partners will take reasonable steps to prevent or stop such processing.
True Partners remains liable under the Privacy Shield if an agent processes Personal Information covered by this Privacy Shield Policy in a manner inconsistent with the Principles, except where True Partners is not responsible for the event giving rise to the damage.
RECOURSE AND ENFORCEMENT
True Partner’s participation in the Privacy Shield is subject to investigation and enforcement by the U.S. Federal Trade Commission. In compliance with the Privacy Shield Principles, True Partners commits to resolve complaints about your privacy and our collection or use of your Personal Information. If you have an inquiry or complaint regarding this Privacy Shield Policy, please contact True Partners at Privacy.Shield@tpctax.com.
If the dispute involves Personal Information collected in the context of an employment, agent, or sub-contractor relationship, we will cooperate with competent EU and Swiss data protection authorities and comply with advice of such authorities. In the event that we or such authorities determine that we did not comply with the Privacy Shield Policy and Principles, we will take appropriate steps to address any adverse effects and to promote future compliance. Alternatively, employees who are found to have violated the Privacy Shield Policy will be subject to disciplinary process.
True Partners has further committed to refer unresolved privacy complaints under the privacy Shield principles to Judicial Arbitration and Mediation Services (JAMS), the largest private alternative dispute resolution provider in the world and located in the U.S. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint. In the event a dispute cannot be resolved, you may also invoke binding arbitration before the Privacy Shield Arbitration Panel. Please view the Privacy Shield website for more information on conditions giving rise to binding arbitration.
OUR CONTINUED PROMISE
True Partners promises to periodically review and verify its compliance with the Principles and to remedy any issues arising out of failure to comply with the Principles. True Partners further acknowledges that its failure to provide an annual self-certification to the U.S. Department of commerce will remove us from the Department’s list of Privacy Shield participants.
Amendments to our Privacy Shield Policy may be made from time to time consistent with the requirements of the Principles. Appropriate notice regarding such amendments will be given including revision to the posting on this website, or replacement site. If we amend the policy, the new policy will apply to Personal Information previously collected only insofar as the rights of the individual affected are not reduced. So long as we adhere to the Privacy Shield Principles, True Partners promises to amend our Privacy Shield Policy only in a manner consistent with the Principles.
Rev. Feb. 2019
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