I. SAFE HARBOR
The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor Principles") to enable US companies to satisfy the requirement under European Union law that adequate protection be given to Personal information transferred from the EU to the United States. The EEA also has recognized the US Safe Harbor as providing adequate data protection (OJ L 45, 15.2.2001, p.47). Consistent with its commitment to protect Personal privacy, PortaFab adheres to the Safe Harbor Principles.
PortaFab has a Chief Privacy Officer who is responsible for PortaFab's compliance with and enforcement of this Policy. PortaFab also has a Global Director of Data Protection who assists in ensuring compliance with this Policy and data security issues. PortaFab educates its employees concerning compliance with this Policy and has self-assessment procedures in place to assure compliance. PortaFab's Chief Privacy Officer Barbara A. Sellinger, Global Director of Data Protection Hugh C. Welsh, and Corporate Legal Team are available to any of its valued employees, customers, vendors, business partners or others who may have questions concerning this Policy or data security practices. Relevant contact information is provided herein.
Personal information collected by PortaFab from employees and applicants for employment is maintained at its corporate offices in Piscataway, New Jersey in the United States as well as the local office of the employee or applicant. PortaFab collects Personal information for, among other things, legitimate human resource business reasons such as payroll administration, to fill employment positions, maintaining accurate benefits records, meeting governmental reporting requirements, security, health and safety management, performance management, company network access and authentication. PortaFab does not request or gather information regarding political opinions, religion, philosophy or sexual preference. To the extent PortaFab maintains information on an individuals medical health or ethnicity (as legally required) PortaFab will protect, secure and use that information consistent with this Policy.
Personal information collected by PortaFab from prospective customers, consumers, vendors, business partners and others may be maintained at its corporate offices in Piscataway, New Jersey or at other PortaFab facilities. PortaFab collects Personal information for, among other things, legitimate business reasons such as customer service, product, warranty and claims administration, meeting governmental reporting and records requirements, maintenance of accurate accounts payable and receivable records, internal marketing research, safety and performance management, financial and sales data, and contact information. All Personal information collected by PortaFab will be used for legitimate business purposes consistent with this Policy.
For purposes of this Policy, the following definitions shall apply:
"Agent" means any third party that uses Personal information provided by PortaFab to perform tasks on behalf of or at the instruction of PortaFab.
"PortaFab" means PortaFab, Inc., its predecessors, successors, subsidiaries, divisions and groups.
"Personal information" means any information or set of information that identifies or could be used by or on behalf of PortaFab 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, trade union membership, or that concerns health. In addition, PortaFab will treat as sensitive Personal information any information received from a third party where that third party treats and identifies the information as sensitive.
V. PRIVACY PRINCIPLES
The privacy principles in this Policy are based on the seven Safe Harbor Principles.
(1) NOTICE: Where PortaFab collects Personal information directly from individuals, it will inform them about the purposes for which it collects and uses Personal information about them, the types of non-agent third parties to which PortaFab discloses that information, and the choices and means, if any, PortaFab 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 PortaFab, or as soon as practicable thereafter, and in any event before PortaFab uses the information for a purpose other than that for which it was originally collected. PortaFab may disclose Personal information if required to do so by law or to protect and defend the rights or property of PortaFab.
(2) CHOICE: PortaFab will offer individuals the opportunity to choose (opt-out) 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, PortaFab 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.
PortaFab will provide individuals with reasonable mechanisms to exercise their choices should requisite circumstances arise.
(3) DATA INTEGRITY: PortaFab will use Personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. PortaFab will take reasonable steps to ensure that Personal information is relevant to its intended use, accurate, complete, and current.
(4) TRANSFERS TO AGENTS: PortaFab 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, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the agent, or being subject to another European Commission adequacy finding (e.g., companies located in Hungary and Switzerland). Where PortaFab has knowledge that an Agent is using or disclosing Personal information in a manner contrary to this Policy, PortaFab will take reasonable steps to prevent or stop the use or disclosure. PortaFab holds it Agents accountable for maintaining the trust our employees and customers place in the company.
(5) ACCESS AND CORRECTION: Upon request, PortaFab will grant individuals reasonable access to Personal information that it holds about them. In addition, PortaFab will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. Any employee that desires to review or update their Personal information can do so by contacting their local Human Resources Representative.
(6) SECURITY: PortaFab will take reasonable precautions to protect Personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. PortaFab protects data in many ways. Physical security is designed to prevent unauthorized access to database equipment and hard copies of sensitive Personal information. Electronic security measures continuously monitor access to our servers and provide protection from hacking or other unauthorized access from remote locations. This protection includes the use of firewalls, restricted access and encryption technology. PortaFab limits access to Personal information and data to those persons in PortaFab's organization, or as agents of PortaFab, that have a specific business purpose for maintaining and processing such Personal information and data. Individuals who have been granted access to Personal information are aware of their responsibilities to protect the security, confidentiality and integrity of that information and have been provided training and instruction on how to do so.
(7) ENFORCEMENT: PortaFab will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy and the US Department of Commerce Safe Harbor Principles. Any employee that PortaFab determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
V. DISPUTE RESOLUTION
Any questions or concerns regarding the use or disclosure of Personal information should be directed to the PortaFab Privacy Office at the address given below. PortaFab 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 PortaFab and the complainant, PortaFab has agreed to participate in the dispute resolution procedures of the panel established by the European data protection authorities to resolve disputes pursuant to the Safe Harbor Principles.
VI. INTERNET PRIVACY
PortaFab sees the Internet, Intranets and the use of other technologies as valuable tools for communicating and interacting with consumers, employees, vendors, business partners, and others. PortaFab recognizes the importance of maintaining the privacy of Personal information collected through web sites that it operates. PortaFab's sole purpose for operating its web-sites is to provide information concerning products and services to the public. In general, visitors can reach PortaFab on the Web without revealing any Personal information. Visitors on the Web may elect to voluntarily provide Personal information via PortaFab web-sites but are not required to do so. PortaFab collects information from visitors to the web-sites who voluntarily provide Personal information by filing out and submitting on-line questionnaires concerning feedback on the web-site, requesting information on products or services, or seeking employment. The Personal information voluntarily provided by web-site users is contact information limited to the user's name, home and/or business address, phone numbers and e-mail address. PortaFab collects this information so that it may answer questions and forward requested information. PortaFab does not sell or share this information with non-agent third parties.
PortaFab may also collect anonymous information concerning web-site users through the use of "cookies" in order to provide better customer service. "Cookies" are small files that web-sites place on users computers to identify the user and enhance the web-site experience. None of this information is reviewed at an individual level. Visitors may set their browsers to provide notice before they receive a cookie, giving them opportunity to decide whether to accept the cookie. A visitor can also set their browser to turn off cookies. If visitors do so, however, some areas of PortaFab web-sites may not function properly.
Few, if any, of PortaFab's web-sites are directed toward children. Nevertheless, PortaFab is committed to complying with applicable laws and requirements, such as the United States' Children's Online Privacy Protection Act ("COPPA").
PortaFab web-site users have the option to request that PortaFab not use information previously provided, correct information previously provided, or remove information previously provided to PortaFab. Those that would like to correct or suppress information they have provided to PortaFab should forward such inquiries to:
PortaFab Companies Privacy Inquiries
P.O. Box 1084
Chesterfield, MO 63006-1084
The inquiries should include the individual's name, address, and other relevant contact information (phone number, e-mail address). PortaFab will use all reasonable efforts to honor such requests as quickly as possible.
PortaFab web-sites may contain links to other "non-PortaFab" web-sites. PortaFab assumes no responsibility for the content or the privacy policies and practices on those web-sites. PortaFab encourages all users to read the privacy statements of those sites; their privacy practices may differ from those of PortaFab.
The practices described in this Policy are current Personal data protection policies as of December 31, 2001. PortaFab reserves the right to modify or amend this Policy at any time consistent with the requirements of the Safe Harbor Principles. Appropriate public notice will be given concerning such amendments.