Safe Harbor Frameworks
The European Parliament and the Council of the European Union adopted Directive 95/46/EC on Data Protection to set standards for the security and transfer of personal data. The Data Directive limits the transfer of personal data to countries outside of the EU for processing to only those countries that can ensure an adequate level of protection for an individual's personal data. Swiss data protection law imposes similar limits on the transfer of personal data outside of Switzerland. The United States Department of Commerce, in consultation with the European Union, and separately with Switzerland, developed a set of Safe Harbor Principles regarding personal data privacy and security that, when followed, permit an organization to certify that it provides adequate protection for the transfer of EU and/or Swiss personal data to the US for processing. Mentor fully commits to follow the Safe Harbor Principles and the 15 related FAQs that make up the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks with respect to all personal data received from any individual or entity in the EU, the EEA or Switzerland.
Directive - The Directive is the European Union's Directive on Data Protection which took effect in October 1998.
Safe Harbor Privacy Principles - These are the principles developed by the EU, Switzerland and the United States Department of Commerce to ensure that entities not covered by the Directive adhere to privacy principles after receiving personal data and personal information from the EU and/or Switzerland.
Personal data - Any information relating to an identified or identifiable natural person ('data subject'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
Data Processor - A natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller.
Controller - The natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of processing are determined by national or Community laws or regulations, the controller or the specific criteria for his nomination may be designated by national or Community law.
Notice and Choice
When acting as a data processor within the meaning of the Data Directive, Mentor reserves the right to process personal information without providing notice to individuals or Data Protection Authorities to the extent permitted by the Safe Harbor Agreement. When collecting data in the EU and/or Switzerland, Mentor collects only data relevant to the purposes specified. Individuals and business entities from which we collect data are provided with information regarding the purpose for which data is being collected, how it will be used and the type of non-agent third parties, if any, to which we may disclose personal information. These individuals or entities are also provided with information about the choices and means offered by Mentor for limiting the use or disclosure of their personal data.
Disclosure and Transfer
Mentor will not disclose an individual's personal data to any third party, consistent with the Onward Transfer Principle, without their consent unless one or more of the following are true:
The individual has consented to the disclosure;
The disclosure is required by law or other professional standards;
The personal data is publicly available;
The disclosure is reasonably necessary for the establishment or defense of legal claims;
The transferee provides an adequate level of protection for the personal data within the meaning of the Data Directive or has agreed in writing to provide an adequate level of protection for the personal data consistent with the options provided in the Data Directive for transfers pursuant to written agreements;
In the event of a sale or transfer of assets in connection with an acquisition, merger, reorganization, sale or bankruptcy, Mentor reserves the right to make such disclosure upon providing notice to the individual or entity for whom such data is being held
Mentor agrees to offer individual citizens of the EU, EEA or Switzerland with access to their personal data for purposes of correcting, amending or deleting inaccurate information unless the cost or burden of providing the access and changing or deleting the data proves unreasonable in view of the risk to the individual's privacy. A reasonable fee compensating Mentor for resource use related to accessing, changing or deleting the personal information may be imposed. Mentor may determine the form of the disclosure. Mentor will only deny access requests as allowed by the United States Department of Commerce publication titled "The U.S.-EU Safe Harbor Guide to Self-Certification."
Mentor takes reasonable precautions to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Our security measures include physical, electronic, workflow and managerial protocols to safeguard and secure the personal data we process.
Mentor processes personal information only in ways that are compatible with the purpose for which the data was collected or subsequently authorized by the individual. Mentor will take reasonable steps to ensure information is relevant to its intended use and remains accurate, complete and current.
Mentor will follow any advice given by the Data Protection Authorities, including remedial or compensatory measures for individuals affected by non-compliance, and will provide the Data Protection Authorities with written confirmation that such corrective action has been taken, subject to the Company's right to dispute the requested actions or remedial measures with the Federal Trade Commission.
Mentor has further committed to refer unresolved privacy complaints under the US-EU and EU-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Mentor, please visit the BBB EU SAFE HARBOR website for more information and to file a complaint.
To learn more about the Safe Harbor program, and to view Mentor’s certification, please visit export.gov/safeharbor.
Attention: Privacy Officer
Mentor Planning & Consulting, Inc.
472 Wheelers Farms Road, Suite 301
Milford, CT 06461