Privacy policy

PRECISION DISCOVERY’S EU-U.S. PRIVACY SHIELD POLICY 

Introduction to Precision Discovery’s Privacy Shield Policy

At Precision Discovery, safeguarding our clients’ privacy is a priority.  This privacy policy affirms our continued commitment to protect our customers’ personal information.  

Precision Discovery respects individual privacy and values the confidence of its clients and their counsel who may use our services.  We collect, use and disclose personal information in a manner consistent with the laws of the countries in which we do business, and we also uphold the highest ethical standards in our business practices.  

This privacy policy sets forth the privacy principles that Precision Discovery follows with respect to the protection and transfers of personal information, that we come into possession of on behalf of our clients, between the United States and the 28 member states of the European Union (“EU”), as well as Norway, Iceland and Liechtenstein, which collectively form the European Economic Area (“EEA”).

Precision Discovery – Nature of our Business

The primary service offerings of Precision Discovery (“Company”) are electronic discovery, computer forensics and managed review services.  As an electronic discovery and legal services consulting firm, the Company provides litigation support and consulting services primarily to companies, law firms and governmental entities.  A large percentage of the Company’s client projects relate to litigations taking place in courts throughout the United States (“U.S.”). The Company is commonly retained by outside counsel and/or in-house counsel to assist with the discovery process in a litigation matter, which is typically controlled by a court issued discovery order.

Organizations provide the Company with their own data (organizational email, internal documents, network files and other data) that are relevant to a legal, regulatory or internal matter so that we can prepare the data for attorney review in a document review platform, and make productions as directed by counsel.  

The use of information processed through our services shall be limited exclusively to the purpose(s) for which Precision Discovery’s clients have engaged the Company.  Due to the fact that Precision Discovery processes personal information at the direction of our Company’s clients, the Company generally does not have any direct relationship to the individuals whose personal information we receive in connection with client engagements.  If you are a customer of one of Precision Discovery’s clients and would no longer like to be contacted by one of our clients that use our service, please contact our company’s client that you interact with directly.

Precision Discovery will retain personal information, on behalf of our clients, solely to provide services to our clients and the data will strictly be limited to the business purposes defined in the agreement that is entered into between Precision Discovery and the client (and/or its counsel).  Precision Discovery will retain this personal information only for as long as necessary to comply with our legal obligations, resolve disputes and adhere to our agreements.  

Precision Discovery only makes productions of data based on specific instructions received by our clients.  However, the Company may also be required by lawful request by public authorities, including to meet national security or law enforcement requirements, to disclose personal data, such as to comply with a subpoena, judicial proceeding, court order or legal process that is served on Precision Discovery.

While some of Precision Discovery’s employees are licensed attorneys, they have been employed and act on behalf of the Company in a non-legal capacity providing litigation support services, under the direction of a client lawyer. 

 

Adherence to the EU-U.S. Privacy Shield Framework

Precision Discovery complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the EEA to the U.S.  Precision Discovery has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

 

Regulatory Jurisdiction

Precision Discovery falls under the regulatory jurisdiction of the United States Federal Trade Commission (“FTC”); and, as such, is subject to the full investigatory and enforcement powers the agency possesses. 

 

Precision Discovery’s Compliance with EU GDPR Principles

The Company recognizes that the European Union’s General Data Protection Regulation (“EU GDPR”), which takes effect as of May 25, 2018 describes how organizations, including Precision Discovery, must collect, process, store and handle personal information of individuals that are covered and protected by the EU GDPR.

Precision Discovery understands that these rules apply regardless of whether data is stored electronically, on paper or on other devices or media.

To comply with the law, it is fully understood and agreed that personal information, of individuals covered and protected by the EU GDPR, must be collected and used fairly, stored safely and not disclosed unlawfully.

For certain client litigation matters, Precision Discovery will potentially be requested to gather, process, store and handle certain information, personal data, related to individuals that are covered and protected by the EU GDPR

Article 4(1) of the EU GDPR defines personal data as any information relating to an identified or identifiable natural person (also commonly referred to as a “data subject”). There are also certain special categories of personal data that are considered to be more sensitive, as the processing of that data could potentially have a more profound impact on an individuals’ privacy rights.  Therefore, this data has a higher standard of protection assigned to it by the EU GDPR.

Article (9)(1) of the EU GDPR defines special categories of personal data to include, but not limited to the following: processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

The EU GDPR is underpinned by several important principles.  These principles state that personal data must:

(1) Be processed fairly and lawfully;

(2) Be obtained only for specific, lawful purposes;

(3) Be adequate, relevant and not excessive;

(4) Be accurate and kept up to date;

(5) Not be held for any longer than necessary;

(6) Processed in accordance with the rights of the data subjects;

(7) Be protected in appropriate ways; and

(8 )Not be transferred outside the EEA, unless that county or territory also ensures an adequate level of protection.

 

Subject Access Requests:

All covered and protected data subjects of the EU-US Privacy Shield, who are the subject of personal data held by Precision Discovery are entitled to:

·      Inquire as to what information the company holds about them and why; and

·      Be informed as to how the company is meeting its data protection obligations.

If a protected data subject contacts the company requesting this information, this is called a “subject access request”.  

Subject access requests from individuals should be made by email and addressed to: 

Jerry Barbanel
General Counsel
Email address: jbarbanel@precisiondiscovery.com

 

Precision Discovery’s business requires it to collect, process, store and handle data on behalf of clients that are primarily involved in the legal process in courts located throughout the United States.  Prior to producing any information in response to a subject access request, General Counsel will have to do due diligence to ensure that the request is legitimate.  If the request is determined to be legitimate then the response, that complies with the EU-US Privacy Shield and EU GDPR requirements, will be provided after consultation with the Company’s client and/or counsel.

 

Updating Your Personal Information

An individual that is protected and covered by the EU GDPR has the right to access and correct their personal information held by Precision Discovery by sending an email to: 

Jerry Barbanel
General Counsel
Email address: jbarbanel@precisiondiscovery.com

In one’s correspondence with Precision Discovery, an individual should include their full name, address, and/or email address when they contact the Company.  It should be noted that Precision Discovery is not responsible for the content or privacy practices of non-Precision Discovery websites to which www.precisiondiscovery.com may link at times.

 

Independent Recourse Mechanism for Privacy Shield Complaints

In compliance with the Privacy Shield Principles, Precision Discovery commits to resolve inquiries and/or complaints about our collection or use of an individual’s personal information.  Individuals that are covered and protected by the EU GDPR include any individual in the EU (citizens, residents and visitors), as well as EU citizens living abroad should first contact:

Jerry Barbanel
General Counsel
Email address: jbarbanel@precisiondiscovery.com

To the extent that Precision Discovery transfers an individual’s information to a third party, the Company acknowledges that it may be held liable if the third party does not process or handle the person’s data in accordance with Privacy Shield Principles.

Individuals should be aware that there is the possibility, under certain conditions, for the individual to invoke binding arbitration.  

Precision Discovery has further committed to cooperate with the panel established by the EU data protection authorities (“DPAs”) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU.

Precision Discovery further commits to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.

A copy of this privacy policy can be found at www.precisiondiscovery.com.  The Company’s Privacy Shield policy became effective on August 7, 2018.

 

Annual In-House Verification of Privacy Shield Information

Precision Discovery will annually review the information contained for the EU-U.S. Privacy Shield to verify its accuracy.  An in-house verification will be conducted to substantiate the attestations and assertions in place are consistently complied with in regard to treatment of personal data. The verification process will ensure that the Company’s privacy policy continues to conform with the Privacy Shield principles.

 

Commitment to Comply with EU–U.S. Privacy Shield

Precision Discovery complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States.  Precision Discovery has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

 

In compliance with the Privacy Shield Principles, Precision Discovery commits to resolve complaints about the Company’s collection or use of your personal information.  Individuals whom are covered and protected by the EU GDPR and that have inquiries or complaints regarding our Privacy Shield policy should first contact:

Jerry Barbanel
General Counsel
Email address: jbarbanel@precisiondiscovery.com

 

A copy of this policy can be found at www.precisiondiscovery.com