Safe Harbor Privacy Policy for Consumer Data

Revision Date: 11/8/2016
TriNetX respects individual privacy and values the confidence of its customers, employees, clinical trial participants, consumers, business partners and others. Not only does TriNetX strive to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business, but it also has a tradition of upholding the highest ethical standards in its business practices. This Safe Harbor Privacy Policy Statement (the “Policy”) sets forth the privacy principles TriNetX follows with respect to transfers of personal information from Switzerland to the United States.

TriNetX complies with the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from Switzerland.

1. SAFEHARBOR

The United States Department of Commerce and the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland have agreed on a set of principles and frequently asked questions to enable U.S. companies to satisfy the requirement under Swiss law that adequate protection be given to personal information transferred from Switzerland to the United States. Consistent with its commitment to protect personal privacy, TriNetX adheres to the principles set forth in the U.S.-Swiss Safe Harbor Framework (the “Safe Harbor Principles”).

2. SCOPE

This Safe Harbor Privacy Policy Statement (the “Policy”) applies to all personal information received by TriNetX in the United States from Switzerland, in any format, including electronic, paper or verbal.

3. DEFINITIONS

For purposes of this Policy, the following definitions shall apply:

“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, TriNetX or to which TriNetX discloses personal information for use on TriNetX’s behalf.

“TriNetX” means TriNetX Company, its successors, subsidiaries, divisions and groups in the United States.

“Personal information” means any information or set of information that identifies or is used by or on behalf of TriNetX to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.

“Sensitive personal information” means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. In addition, TriNetX will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.

4. Privacy Principles

The privacy principles in this Policy are based on the Safe Harbor Principles.

NOTICE: Where TriNetX collects personal information directly from individuals in Switzerland, it will inform them about the purposes for which it collects and uses personal information about them and the choices and means, if any, TriNetX offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to TriNetX, or as soon as practicable thereafter, and in any event before TriNetX uses or discloses the information for a purpose other than that for which it was originally collected or discloses information to a non-agent third party.

Where TriNetX receives personal information from its subsidiaries, affiliates or other entities in Switzerland, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.

CHOICE: For personal information, TriNetX will offer individuals the opportunity to choose (opt-in) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

For sensitive personal information, TriNetX will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

TriNetX will provide individuals with reasonable mechanisms to exercise their choices.

DATA INTEGRITY: TriNetX will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. TriNetX will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current. We will only collect and store personal information that is relevant to fulfill the purpose of the request and will retain such information no longer than appropriate to fulfill the purpose of the request.

TRANSFERS TO AGENTS: TriNetX will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, or Safe Harbor certification by the agent. Where TriNetX has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, TriNetX will take reasonable steps to prevent or stop the use or disclosure.

ACCESS AND CORRECTION: Upon request, TriNetX will grant individuals reasonable access to personal information that it holds about them. In addition, TriNetX will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. These requests can be made by utilizing the contact information below.

SECURITY: TriNetX will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

ENFORCEMENT: TriNetX will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that TriNetX determines intentionally violates this policy will be subject to disciplinary action up to and including termination of employment.

DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of personal information should be directed to the TriNetX Office of Privacy Officer at the address given below. TriNetX will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between TriNetX and the complainant, TriNetX has agreed to participate in the dispute resolution procedures of the American Arbitration Association pursuant to the Safe Harbor Principles.

LIMITATIONS ON APPLICATION OF PRINCIPLES
Adherence by TriNetX to these Safe Harbor Principles may be limited (a) to the extent required or permitted by law or legal process, such as to respond to or investigate a legal or ethical obligation or request or pursuant to court orders, subpoenas, interrogatories or similar directive carrying the force of law; and (b) to the extent expressly permitted by an applicable law, rule or regulation.

INTERNET PRIVACY
TriNetX sees the Internet and the use of other technologies as valuable tools for communicating and interacting with consumers. TriNetX recognizes the importance of maintaining the privacy of information collected online and has created a specific Internet Privacy Policy (the “IPP”) governing the treatment of personal information collected through web sites that it operates. With respect to personal information that is transferred from Switzerland to the U.S., the IPP is subordinate to this Policy. However, the IPP also reflects additional legal requirements and evolving standards with respect to Internet privacy. TriNetX’s Internet Privacy Policy can be found at http://trinetx.com/privacy-statement/.

CONTACT INFORMATION
Questions or comments regarding this Policy should be submitted to the TriNetX Office of Privacy Officer by mail as follows:

TriNetX, Inc.
125 Cambridge Park Drive, Suite 203
Cambridge, MA 02140 USA
Main: +1 (857) 285-6037
Support: +1 (857) 285-6083
Fax: +1 (617) 945-2091