Last Updated: July 22, 2019
SignWell, LLC ("SignWell") has adopted this Privacy Shield Policy ("Policy") to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that SignWell obtains from Customers located in the European Union and Switzerland.
To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
- "Individual Customer" means an Individual Customer or Customer of SignWell from EU or Switzerland. The term also shall include any individual agent, representative, of an individual Customer of SignWell and all employee of SignWell where SignWell has obtained his or her Personal Data from such Individual Customer as part of its business relationship with SignWell.
- "Data Subject" means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.
- "Employee" means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of SignWell or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.
- "Europe" or "European" refers to a country in the European Union.
- "Personal Data" as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual's name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term "person" includes both a natural person and a legal entity, regardless of the form of the legal entity.
- "Sensitive Data" means Personal Data that discloses a Data Subject's medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
- "Third Party" means any individual or entity that is neither SignWell nor an SignWell employee, agent, contractor, or representative.
This Policy applies to the processing of Individual Customer Personal Data that SignWell receives in the United States concerning Individual Customers who reside in the European Union and Switzerland. SignWell is a platform where users of the Service may execute legal instruments using their electronic signatures.
This Policy 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.)
2. Responsibilities and Management
SignWell has designated the Legal Department to oversee its information security program, including its compliance with the EU and Swiss Privacy Shield program. The Legal Department shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to email@example.com.
SignWell will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. SignWell personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that SignWell has undertaken to protect Personal Data.
SignWell 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, SignWell will conduct an in-house verification to ensure that its attestations and assertions about its treatment of Individual Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, SignWell will undertake the following:
- Ensure that this Policy continues to comply with the Privacy Shield principles;
- Confirm that Individual Customers are made aware of the process for addressing complaints and any independent dispute resolution process;
- Review its processes and procedures for training Employees about SignWell's participation in the Privacy Shield programs and the appropriate handling of Individual's Personal Data;
- Prepare an internal verification statement on an annual basis.
4. Collection and Use of Personal Data
SignWell provides various solutions to its Individual Customers who purchase its products or service. SignWell collects Personal Data from Individual Customers when they purchase its products or service, register with the website, log-in to their account, complete surveys, request information or otherwise communicate with us.
The Personal Data that we collect may vary based on the Individual Customer's interaction with our website and request for our services. As a general matter, SignWell may collect the following types of Personal Data from its Individual Customers: contact information, including, a contact person's name, work email address, work mailing address, work telephone number, title, and company name, as well as payment information (which might include credit card and/or bank account information collected through 3rd party service provider, Stripe). Payment is taken by Stripe and we advise that you read their terms and conditions before making any purchase. We do not collect such payment details and but details may remain on our server on a temporary basis. Individual Customers have the option to log into their accounts online and to request service online; we will collect information that they choose to provide to us through these portals.
When Individual Customers use our services online, we will collect their IP address and browser type. We may associate IP address and browser type with a specific Customer. We also may collect Personal Data from persons who contact us through our website to request additional information; in such a situation, we would collect contact information (as discussed above) and any other information that the person chooses to submit through our website.
The information that we collect from Individual Customers is used for selling the products and services they buy from us, managing transactions, reporting, invoicing, renewals, other operations related to providing services and products to the Individual Customer.
For certain products, SignWell serves as a service provider. In our capacity as a service provider, we will receive, store, and/or process Personal Data. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of our partners and/or agents. The information that we collect from our Individual Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Individual Customer, and as otherwise requested by our partner and/or agent.
SignWell uses Personal Data that it collects directly from its Individual Customers and for its partners indirectly in its role as a service provider for the following business purposes, without limitation:
- maintaining and supporting its products and service, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to an Individual Customer);
- satisfying governmental reporting, tax, and other requirements;
- storing and processing data, including Personal Data, in computer databases and servers located in the United States;
- verifying identity (e.g., for online access to accounts);
- as requested by the Individual Customer;
- for other business-related purposes permitted or required under applicable local law and regulation;
- and as otherwise required by law.
SignWell does not disclose personal information to third parties for purposes that are materially different than what it was originally collected for. Should this change in the future, we will provide individuals with the option to opt-out.
5. Disclosures/ Onward Transfers of Personal Data
Except as otherwise provided herein, SignWell discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
SignWell may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, SignWell may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by SignWell and they must either:
- comply with the Privacy Shield principles or another mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of Personal Data;
- or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy;
SignWell also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that SignWell 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. SignWell is liable for appropriate onward transfers of personal data to third parties.
6. Sensitive Data
SignWell does not collect Sensitive Data from its Individual Customers.
7. Data Integrity and Security
SignWell uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. SignWell has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to SignWell's electronic information systems requires user authentication via password or similar means. SignWell also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data.
Further, SignWell uses secure encryption technology to protect certain categories of personal data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.
9. Accessing Personal Data
SignWell personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
10. Right to Access, Change or Delete Personal Data
Right to Access. Individual Customers have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which SignWell collected it. Individual Customers may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and SignWell policies. Upon reasonable request and as required by the Privacy Shield principles, SignWell allows Individual Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Individual Customers may edit their Personal Data by logging into their account profile or by contacting SignWell by email. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Individual Customers should submit a written request to SignWell.
Requests for Personal Data. SignWell will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If SignWell receives a request for access to his/her Personal Data from an Individual Customer, then, unless otherwise required under law or by contract with such Individual Customer, SignWell will refer such Data Subject to the Individual Customer.
Satisfying Requests for Access, Modifications, and Corrections. SignWell will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
11. Changes to This Policy
This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make employees available of changes to this policy either by posting to our intranet, through email, or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
12. Questions or Complaints
EU and Swiss Individual Customers may contact SignWell with questions or complaints concerning this Policy at the following address: firstname.lastname@example.org.
13. Enforcement and Dispute Resolution
In compliance with the US-EU and Swiss-US Privacy Shield Principles, SignWell commits to resolve complaints about your privacy and our collection or use of your personal information. EU and Swiss individuals with questions or concerns about the use of their Personal Data should contact us at: email@example.com.
If a Customer's question or concern cannot be satisfied through this process SignWell has further committed to refer unresolved privacy complaints under US-EU Privacy Shield and Swiss-US Privacy Shield to an independent dispute resolution mechanism.
If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by SignWell, EU and Swiss individuals may bring a complaint before the EU Data Protection Authorities (DPAs). Finally, as a last resort and in limited situations, EU and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
SignWell commits to cooperate with EU Data Protection Authorities (DPAs) and comply with the advice given by such authorities with regard to data transferred from the EU and Switzerland.
The Federal Trade Commission (FTC) has jurisdiction over SignWell's compliance with the Privacy Shield.
All SignWell employees who handle Personal Data from Europe and Switzerland are required to comply with the Principles stated in this Policy.