  |
     |
Privacy Policy
Last Revision Date: August 5th, 2010
European Union Safe Harbor Privacy Policy
TLXP respects the privacy and confidentially of personal information provided by its clients, employees and all others who entrust it with personal information. Accordingly, TLXP adheres to the set of data protection principles developed by the United States Department of Commerce (DOC) in collaboration with the European Commission, as reflected within the frequently Asked Questions (FAQ) issued by the Department of Commerce (DOC) commonly referred as “The Safe Harbor Principles”.
The Safe Harbor Private Policy applies to personal data pertaining to an identifiable individual residing in the European Union (EU). Personal data refers to data that is (a) transferred to the United States from the EU; (b) is about, or relates to, an identified or identifiable individual; (c) can be linked to that individual, and (d) is recorded. Personal data also includes “sensitive personal data”, which is defined as a subset of personal data that pertains to an individual’s medical or health condition, racial or ethnic origin, political opinions, religion, union membership, sexual orientation or actual or alleged criminal activity.
Scope
TLXP process documents into searchable databases on behalf of our clients in support of the discovery process for legal proceedings. TLXP’s services includes electronic discovery consulting and electronic data discovery. All data collected or received by TLXP is kept under strict privacy and confidentiality protocols since much of this information may constitute evidence in legal and other sensitive proceedings. Every TLXP employee has executed Confidentiality and Non-Disclosure Agreements pertaining to all information that comes into their possession in their course of their employment.
Safe Harbor Principles
TLXP is committed to protecting the privacy of personal data that is gathered and maintained on behalf of employers and clients requesting consumer data. We certify that, in relation to EU Personal Data, we adhere to the seven “Safe Harbor Principles” of the United States Department of Commerce as outlined in the European Commission Directive on Data Protection.
TLXP’s privacy principles are outlined below:
1. Notice:
Under all circumstances, TLXP does not collect personal data for processing directly from an individual but receives the data for processing from law firms or other attorneys (i.e., in-house) under an agreement to hold such data under strict rules of confidentiality and privacy. Therefore, although personal data may be contained within the data sent to TLXP from its clients, TLXP’s use of the data is solely in connection with its discovery processing services, and TLXP does not control the collection of the personal data. Accordingly, TLXP does not, typically, provide notification to the individuals to whom such personal data relates. Furthermore, TLXP is mandated by the client to hold the data in the strictest confidence. In these circumstances, TLXP’s mandate from its clients is to process the data, which may include personal data, in the course of providing discovery processing services to its clients. In most circumstances, discovery processing occurs without the knowledge of the individuals involved. TLXP never uses the data for a purpose other than the purpose for which it was provided to TLXP, namely discovery processing. Nor does TLXP ever share information with third parties except when lawfully directed by the client law firm or originating organization (that is, the owner of the data.) When specifically authorized by a court, counsel or client to do so, TLXP will inform affected individuals about the purposes for which it collects and uses personal information about them, how to contact the organization with any inquires or complaints, the types of third parties to which it may disclose the information and any choices and means that TLXP may offer individuals for limiting the data’s use and disclosure.
2. Choice:
TLXP does not share personal information with third parties unless required by law or lawfully directed by the client law firm or originating organization to do so. TLXP never uses the data for a purpose incompatible with the purpose for which it was originally collected, namely discovery processing. TLXP is not authorized by its clients to offer individuals whose data may be within the discovery materials the opportunity to opt out from having data disclosed. However, should the need ever arise, and should TLXP be directed to do so by a court, its client, or the originating organization, TLXP will provide individuals with reasonable notice and mechanisms to exercise their choice to opt-out from having personal data so disclosed. A consumer would be able to “opt-out” by contacting TLXP in writing or by email at the addresses below.
3. Onward Transfer (Transfer to Third Parties):
As mentioned above, TLXP does not share personal information with third parties unless required by law or lawfully directed by the client law firm or originating organization to do so. However, should the need ever arise, prior to disclosing personal information to third parties, TLXP shall utilize the notice and choice principles noted above. Moreover, if the need arises, TLXP shall obtain assurances from third parties that they will safeguard the personal data consistent with this policy or any other EU adequacy finding, or, as an alternative, TLXP will enter into a written agreement with such third party to provide at least the same level of personal data protection as is maintained by TLXP.
4. Security:
TLXP takes all reasonable precautions and has established procedures to protect personal and identifiable information from loss, misuse, unauthorized access, disclosure, alteration and destruction. All of our users' information, not just the sensitive information mentioned above, is kept strictly confidential in our offices and is stored on our servers in a secure, encrypted manner. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Strong password protection protocols are used on all computers. Furthermore, all employees are kept up-to-date on our security and privacy practices. Finally, the servers that are used to store personally identifiable information are kept in a secure environment, with appropriate security measures.
5. Data Integrity:
TLXP processes personal information only in ways compatible with the purpose for which it was collected or subsequently authorized by the court, client, originating organization, or individual. To the extent necessary for such purposes, we take reasonable steps to make sure that personal information is accurate, complete, current, and otherwise reliable with regard to its intended use.
6. Access:
A consumer may request, in writing, access to all data collected and maintained about him or her. TLXP affords the consumer a reasonable opportunity to correct, amend, or delete information that is inaccurate or incomplete, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy, or where the rights of persons other than the individual would be violated.
TLXP reserves the right to engage in reasonable efforts to confirm the identity of the individual requesting the data to ensure the information is provided only to the subject of the data.
TLXP makes every effort to ensure that the data we collect and store is as accurate as possible. We cannot guarantee, however, that third party data sources are committed to making the same efforts, and therefore, we have no control over and cannot assert responsibility for the accuracy of the data provided.
To request information relating to his or her personal data, a consumer may contact TLXP in writing or by e-mail at the addresses listed below. In addition, the consumer will be asked to provide sufficient evidence of his or her identity so we may ensure that information is being released to the correct individual. If, acting reasonably, we are unable to provide the consumer with access to his or her data or to the correct data, we will let him or her know.
7. Enforcement and Dispute Resolution:
TLXP will assure compliance with the Safe Harbor Principles by committing to investigate and attempt to resolve complaints regarding violations of this privacy policy directly with the complainant. In the event that the complaint cannot be resolved by TLXP internally, the complaint may be submitted for dispute resolution to “BBB EU Safe Harbor”:
Attention:
Council of Better Business Bureaus, Inc.
BBB EU Safe Harbor
4200 Wilson Boulevard, Suite 800
Arlington, VA 22203
Phone: 703-276-0100 begin_of_the_skype_highlighting 703-276-0100 end_of_the_skype_highlighting
Web: www.us.bbb.org
Email: eusafeharbor@council.bbb.org
Moreover, TLXP will subject those employees who are found in violation of this policy to appropriate discipline.
TLXP will conduct an annual self-assessment to ensure that this policy is published and disseminated within TLXP and on its website, that it is being adhered to and that it conforms to the seven principles set forth above. In addition, TLXP has deployed internal auditing measures to monitor its compliance with the Principles and to address all questions or complaints. TLXP will also self-certify annually with the U.S. Department of Commerce as being in full compliance with the Principles.
Individuals may raise any concerns or complaints regarding their personal data directly with TLXP by contacting:
Jose Vialet
Managing Director
12W 31TH Street, 3rd Floor
New York, NY 10001
e-mail: jvialet@tlxp.com
tel: 212-290-8599
Amendments to this Privacy Policy
TLXP may amend this Safe Harbor Policy from time to time by posting a revised policy on its website at www.tlxp.com TLXP will only amend this Safe Harbor Policy in a manner consistent with the requirements of the Safe Harbor Principles as set forth above. This Policy is effective as of: August 5th, 2010.
Protecting your personal privacy is very important to us at TLXP. Below you will find a statement of our commitment to ensuring the privacy of your personally identifiable information (such as your full name, address, e-mail address, telephone number and/or other identifying information). This privacy policy statement is applicable to the www.tech-xlp.com web site (the "Site").
Gathering and Use of Information
TLXP will never willfully disclose any personally identifiable information about our visitors to any third party without first receiving the user's (or if a child, the parent's or guardian's) permission. We do not collect personally identifiable information from our visitors other than what is supplied to us on a voluntary basis. Visitors may provide personally identifiable information to TLXP by completing and submitting a request for information. In addition, personally identifiable information may be voluntarily provided by the user in connection with certain content submissions, community postings (i.e., chats or bulletin boards), comments and suggestions, or voting.
This Site makes available to its users chat rooms, forums, message boards, and/or news groups. Any information that you disclose in these areas becomes public information and you should exercise extreme caution when deciding to disclose such information.
TLXP may use such information for its internal purposes, including but not limited to, responding to your queries and maintaining statistics. TLXP may also use this information to deliver to you information about our company and promotional material from some of our partners, and for trend analysis, pattern detection, and site administration. In addition, TLXP may collect Internet Protocol ("IP") addresses for the purposes of system administration and to report aggregate information to our advertisers. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. TLXP does not link IP addresses to anything personally identifiable so your use of our Site remains anonymous.
Users may opt-out of receiving future mailings from TLXP and other entities by visiting the About Us page on the Site, clicking on FAQs, and then clicking on “Modify Profile” and following the directions.
Users may change or modify information previously provided by visiting the About Us page on the Site, clicking on FAQs, and then clicking on “Modify Profile” and following the directions.
Only persons 13 and older may provide personally identifiable information to TLXP. Persons 13 and younger may visit the Site but may not register or otherwise provide any personally identifiable information.
California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. Under California law, California residents who have an established business relationship with The TLXP Mountain Corporation may choose to opt out of the disclosure of personal information about them to third parties for marketing purposes. You may make a request for the information you are entitled to receive under Section 1798.83 of the California Civil Code by sending a letter to such effect to: ____________________________.
Use of Cookies
Cookies are pieces of information that a web site transfers to an individual's hard drive for record-keeping purposes. Cookies make web-surfing easier for you by saving your subscription information and personal preferences while you are at our Site. The use of cookies is an industry standard, and you will find cookies at most major web sites. Cookies also help TLXP to see which areas are popular and which are not popular and allow TLXP to make improvements and updates to the Site based on such data as total number of visitors and pages viewed. This information is most easily tracked with cookies.
TLXP never uses cookies to retrieve information from your computer that was not originally sent in a cookie. TLXP does not use information transferred through cookies for any promotional or marketing purposes, nor is that information shared with any third parties whatsoever.
Most browsers are initially set to accept cookies. If you prefer, you can change your browser settings to refuse cookies. However, in so doing, you may not be able to fully utilize the TLXP Site or may experience difficulties accessing parts of the site.
Security
Our site has industry standard security measures in place to protect the loss, misuse and alteration of the information under our control. Although there is no “perfect security” on the Internet, TLXP will take all reasonable steps to ensure the safety of your personal information.
Hyperlinked Sites
No hyperlinking is permitted to the Site without the express written permission of TLXP.
Your use of the Site does not give you permission to use any of TLXP' names, logos, designs, slogans, product trademark or service marks (“TLXP’s Marks”) in any manner, or to use TLXP’s Marks or any other words or codes in any "metatag" or or to use other information location tools to identify and select sites, without TLXP' express written permission for a particular use.
If you have any comments, questions or requests, please write to 12 West 31st St. 3rd Floor, New York, NY 10001.
