E.U. Safe Harbor Compliant Privacy Policy
American Discovery, Inc. ("AmDisc") is strongly committed to protecting the privacy of our clients, customers, employees and business partners. AmDisc adheres to the EU Safe Harbor Principles published by the U.S. Department of Commerce ("Principles") with respect to transfer of all personal information whether or not from within the European Union. For purposes of this statement, "Personal Information" means information that is:
- transferred from the EU or elsewhere;
- recorded in any form;
- about or pertains to, a specific individual or that can be linked to that individual.
The following privacy statement explains our general policy and practices on how we safeguard the data collected, processed, provided or transferred directly or indirectly by our clients in any form or manner. We also collect information about visitors to our website www.americandiscovery.com. All information pertaining to identified or identifiable individuals whether or not residing in the European Union or other data relating to them, that AmDisc may have access to, falls within the purview of this Safe Harbor Privacy Policy ("Privacy Policy").
Notice and Choice
To the extent permitted in the Principles, we reserve the right to process personal information in the course of providing e-discovery, and other related litigation support services to our clients.
Under most circumstances, we do not collect personal data for processing directly from the party in possession or from the individual concerned, but receive the data for processing from end clients or their legal counsel under an agreement to hold such data under strict rules of confidentiality and privacy. Therefore, when we receive personal data for processing purposes where we do not control the collection of the data, AmDisc will not, typically, provide notification to the individuals to which such personal data relates (but, again, we are mandated by the client and professional ethical constraints to hold all data in the strictest confidence). As a result, we reserve the right to process personal data in the course of providing services to our clients without the knowledge of the individuals involved. AmDisc never uses data in its custody for any purpose other than the purpose for which it was provided to us by our clients. Neither does AmDisc ever share information with third parties other than when lawfully directed by the owner of the data) or when directed by a court order. Finally, we do not retain, in any form, any client provided or derived data longer than is necessary to complete a project. When specifically authorized by the client or its counsel to do so, AmDisc 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 methods that may be available to individuals for limiting the data's use and disclosure.
Since AmDisc 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, nor does it ever use the data for a purpose incompatible with the purpose for which it was originally collected, it is unnecessary to provide individuals with the opportunity to opt out from having data disclosed. However, in the event that such a need ever arises, AmDisc will provide the individuals concerned with reasonable notice and the mechanisms to exercise their choice to opt-out from having personal data so disclosed.
Data Collection
From Clients
AmDisc, in connection with our providing legal support services receives, directly or indirectly, via oral or written communication, Personal Information of its clients or of the customers/clients of its clients. All the data received by AmDisc is only received in our capacity and role as a legal support services provider. We process and analyze such data only for the limited purposes of providing legal support services as contracted with our clients, in accordance with their instructions. AmDisc believes in protecting Personal Information with the highest levels of privacy and confidentiality measures as detailed below.
From Visitors
AmDisc collects the originating domain names and IP addresses of the visitors to our website, www.americandiscovery.com. This information is used only for the purposes of measuring the effectiveness of the internet as a communications medium, and to develop ideas to improve the content of our website. This information is collected, logged and reviewed in the aggregate. We do not send any unsolicited emails using such information.
AmDisc receives several resumes from potential candidates aspiring to careers at AmDisc. Such candidates provide their email/and telephone contact numbers. If a candidate contacts us via email then the email address of the sender remains with our HR and IT departments and is used only to respond to such inquiries.
Disclosure of Personal Information
We do not sell, rent, or disclose to any third parties, the data we receive from the sources stated above. The employees or authorized personnel of AmDisc who work on specific matters are given restricted access on an as needed basis.
AmDisc will not disclose an individual's personal information to third parties, except when one or more of the following conditions is true:
- AmDisc has the individual's permission to make the disclosure;
- The disclosure is required by law or professional ethical rules;
- The disclosure is reasonably related to the sale or disposition of all or part of AmDisc's business;
- The information in question is publicly available;
- The disclosure is reasonably necessary for the establishment, or defense, of legal claims; or
-
The disclosure is to another AmDisc entity or to persons or entities providing services on AmDisc's or the individual's behalf (each a "transferee"), consistent with the purpose for which the information was originally obtained by us, if the transferee, with respect to the information in question:
- is subject to law providing an adequate level of privacy protection;
- has agreed in writing to provide an adequate level of privacy protection; or
- subscribes to the Safe Harbor Principles.
Permitted transfers of information, whether to third parties or within AmDisc, include the transfer of data from one jurisdiction to another, including transfers to and from the U.S.
Transfer of Data to Other Entities of AmDisc
We may, share Personal Information with our subsidiaries or affiliate entities, such as our joint venture partners, only in connection with providing client services as approved by the Data Owner, where such subsidiary or the affiliate entity is involved in the management of the specific matter in question. In such instances, information may be shared or transferred, depending on the instructions from AmDisc to such AmDisc subsidiary or affiliated entity, which may involve transfer of data from the United States of America to the Philippines.
In instances when the sharing of personal information is legally mandated or allowed, AmDisc will utilize the notice and choice principles noted above. Moreover, where the need arises, AmDisc will obtain assurances from those third parties that they will safeguard the personal data consistent with this policy or any other EU adequacy finding, or in the alternative, AmDisc will enter into a written agreement with such third party that provides at least the same level of personal data protection as is maintained by AmDisc.
Security of Data
AmDisc has in place appropriate technical and organizational measures to protect Personal Information against accidental loss, misuse, or alteration, and unauthorized disclosure, access, alteration or destruction.
AmDisc employs various physical, electronic and managerial measures, including education and training of its personnel. It has in place procedures to ensure that the employees who have access to Personal Information maintain the confidentiality and security of such data. All of our users' information, not just the sensitive Personal Information mentioned above, is kept strictly confidential in our offices and is stored on our servers in a secure manner. Only employees who need the information to perform a specific task are granted access to the information. Strong password and biometric protection protocols are employed 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 identified or identifiable Personal Information are kept in a secure environment, with appropriate security measures.
Access and Correction
Upon request, AmDisc will grant reasonable access to the Personal Information of affected individuals that was collected and is being held. In addition, AmDisc will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. AmDisc will provide standard forms that allow individuals recourse in the event of disputes or disagreements and will employ all reasonable measures to honor the request of each individual regarding their data. Unresolved complaints will be referred to a private sector dispute resolution mechanism in compliance with and adhering to the Safe Harbor Principles. Where the data in question was not collected by us, we will forward all requests mentioned above to the Data Owner for resolution in accordance with its principles and the applicable governing law.
Changes to our Privacy Policy
AmDisc reserves the right to modify or amend this Privacy Policy at any time and for any reason. Nothing contained herein creates or is intended to create a contract or agreement between AmDisc and any user visiting our website.
Enforcement and Dispute Resolution
AmDisc utilizes a self-assessment approach to assure its compliance with our privacy statement, and agrees to undertake the procedures necessary to accurately self-certify annually with the U.S. Department of Commerce as being in full compliance with the Principles. AmDisc periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented, and in conformity with the Principles.
AmDisc has established internal control policies and procedures to assure its compliance with the substance and intent of our privacy statement and the Principles. AmDisc trains all employees in this privacy policy, requiring them to adhere to it and demonstrate their commitment to do so by signature. This privacy policy is contained within the employee handbook and is accessible to employees at all times. The privacy policy will be periodically updated to ensure it remains in conformity with the Safe Harbor Principles.
We strongly encourage individuals to raise complaints or queries that they may have about the way we process their Personal Information by contacting us at the following email address This email address is being protected from spambots. You need JavaScript enabled to view it. .
If for any reason a complaint and/or dispute cannot be resolved through internal mechanisms, the complaint and/or dispute can be submitted for mediation to: BBBOnline, EU Safe Harbor Program, Council of Better Business Bureau, Inc., 4200 Wilson Blvd., Suite 800, Arlington, VA 22203.
Information Subject to Other Policies
Please note that our website www.americandiscovery.com may provide links to the websites of our affiliates, who have their own privacy policies that apply to those websites.
Contact Information
You may send any question regarding our Privacy Policy to the following address and contact person:
Organization Information:
American Discovery
Octagon Centre, Suite 7000
San Miguel Avenue, Ortigas Center
Pasig City, Philippines 1605
tel: 63.2.706.2511
fax: 63.2.706.2787
website: www.americandiscovery.com
Contact Information:
Contact Office: American Discovery
Contact Name: Roderico Puno
tel: 63.2.706.2511
fax: 63.2.706.2787
email:
This email address is being protected from spambots. You need JavaScript enabled to view it.
