Effective on: 07/30/2019
Introduction and Scope
Controllership / Basis of Processing
In the context of this Policy, Lister Digital acts as an agent, also known as a data processor, for the Personal Data we process for our clients when providing our Services. This means that our clients determine the type of Personal Data they provide for us to process on their behalf. We typically have no direct relationship with the individuals whose Personal Data we receive from our clients.
How We Receive Personal Data
We may receive your Personal Data when:
- our clients (including their employees, contractors, and other representatives) provide it to us
- we receive it from other companies within our corporate group.
Categories of Personal Data
Our clients have full control over the categories of information which we process. Therefore, we cannot reasonably foresee and list all the types of data we may be asked to process, and we are unaware of the exact categories of personal data being processed. Generally speaking, we process:
- Biographical information (such as first and last name)
- Contact information (such as email address and postal address); and
- Employment information (such as position and company
Purposes of Processing
We process personal data for the purpose of providing our Services, as a data processor, on behalf of our clients.
We retain Personal Data for as long as instructed by the respective client (who typically acts as a data controller) and for no longer than the time we are providing services to the client.
Sharing Personal Data with Third Parties
We may share Personal Data with other entities within our corporate group, as well as outside service providers. These third parties process Personal Data on our behalf and agree to use the Personal Data only to assist us in providing our Services or as required by law. Our service providers may provide:
- Document management, collaboration, and editing services;
Some of these third parties may be located outside of the United States. However, before transferring your Personal Data to these third parties, we will require the third party to maintain at least the same level of privacy and security for your Personal Data that we do. We remain liable for the protection of your Personal Data – within the scope of our Privacy Shield certification – that we transfer to third parties, except to the extent that we are not responsible for the event that leads to any unauthorized or improper processing.
Additionally, some of these third parties may be located outside of the European Union or the European Economic Area. In some cases, the European Commission may not have determined that the countries’ data protection laws provide a level of protection equivalent to European Union law. We will only transfer your Personal Data to third parties in these countries when there are appropriate safeguards in place. These may include the European-Commission-approved standard contractual data protection clauses.
Other Disclosure of Your Personal Data
We may disclose your Personal Data to the extent required by law, or if we have a good-faith belief that we need to disclose it in order to comply with official investigations or legal proceedings (whether initiated by governmental/law enforcement officials, or private parties). We may also disclose your Personal Data if we sell or transfer all or some of our company’s business interests, assets, or both, or in connection with a corporate restructuring. Finally, we may disclose your Personal Data to our subsidiaries or affiliates, but only if necessary for business purposes, as described in the section above.
If we have to disclose your Personal Data to governmental/law enforcement officials, we may not be able to ensure that those officials will maintain the privacy and security of your Personal Data.
Data Integrity & Security
We have implemented and will maintain technical, administrative, and physical measures that are reasonably designed to help protect Personal Data from unauthorized processing. This includes unauthorized access, disclosure, alteration, or destruction.
Access & Review / Limiting the Use and Disclosure of Your Personal Data
If we process your Personal Data, you may have the right to request access to (or to update, correct, or delete) such Personal Data. You may also have the right to ask that we limit our processing of such Personal Data, as well as the right to object to our processing of such Personal Data. You may also have the right to data portability.
If we have received your Personal Data in reliance on the Privacy Shield, you may also have the right to opt out of having your Personal Data shared with third parties and to revoke your consent to our sharing your Personal Data with third parties. You may also have the right to opt out if your Personal Data is used for any purpose that is materially different from the purpose(s) for which it was originally collected or which you originally authorized.
Requests should be sent directly to the Lister Digital client who provided your Personal Data to us. We have limited rights to access the Personal Data our clients submit to us. Therefore, if you contact us with such a request, please provide the name of the Lister Digital client who provided your Personal Data to us. We will forward your request to that client, and provide any needed assistance as they respond to your request.
EU-U.S. and Swiss-U.S. Privacy Shield Frameworks
For Personal Data processed in the scope of this Policy, Lister Digital complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework (the “Privacy Shield”), as adopted and set forth by the U.S. Department of Commerce regarding the processing of Personal Data transferred from the European Union, the European Economic Area, the United Kingdom, or Switzerland to the United States, or otherwise received in reliance on the Privacy Shield. We commit to adhere to the Privacy Shield Principles and have certified our adherence to the Department of Commerce.
Where a privacy complaint or dispute cannot be resolved through our internal processes, we have agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe and participate in the VeraSafe Privacy Shield Dispute Resolution Procedure, please submit the required information here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-disp...
If your dispute or complaint can’t be resolved by us, nor through the dispute resolution program established by VeraSafe, you may have the right to require that we enter into binding arbitration with you under the Privacy Shield’s “Recourse, Enforcement and Liability Principle” and Annex I of the Privacy Shield.
U.S. Regulatory Oversight
Lister Digital is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.
European Union Supervisory Authority Oversight
If you are a data subject whose Personal Data we process, you may also have the right to lodge a complaint with a data protection regulator in one or more of the European Union member states.
Changes to this Policy
If we make any material change to this Policy, we will post the revised Policy to this web page. We will also update the “Effective” date.
If you have any questions about this Policy or our processing of your Personal Data, please contact our Data Protection Officer by using the following contact details:
Lister Digital Services Inc.
1900 South Norfolk Street,
STE 350, San Mateo,
CA - 94403, United States.
Phone no. 650-483-6921
Please allow up to four weeks for us to reply.
European Union Representative
VeraSafe has been appointed as Lister Digital’s representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. VeraSafe can be contacted in addition to Lister Digital only on matters related to the processing of personal information. To make such an inquiry, please contact VeraSafe using this contact form:https://www.verasafe.com/privacy-services/contact-article-27-representative or via telephone at: +420 228 881 031.
Alternatively, VeraSafe can be contacted at:
VeraSafe Ireland Ltd
Unit 3D North Point House
North Point Business Park
New Mallow Road