EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework | Force 5
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EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework

Force 5 Media, Inc.

Force 5 Media, Inc. ("Force 5 Media", “Force 5”,"we" or "us"), complies with the EU-U.S. Privacy Shield Framework and the Swiss-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 and Switzerland to the United States, respectively. Force 5 Media 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/.

The EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework ("Privacy Shield') sets forth the privacy principles that Force 5 Media, Inc. follows with respect to transfers of personal information from the European Union ("EU") and Switzerland to the United States. Force 5 Media is an agent on behalf of its customers and therefore processes data only in accordance with the instructions of its customers.

Notice.  As an agent processing personal information under the direction of its customers, Force 5 Media has no direct relationship with the individuals whose personal data it processes. Force 5 Media works with its customers to help them provide notice of data processing to individuals including information concerning (1) the purposes for which personal information is collected and used; 2) a contact person to whom inquiries or complaints may be directed; 3) the types of third parties to whom personal information is disclosed; and 4) the choices and means that individuals are offered for limiting use and disclosure of personal information.  We collect personal information when you provide it to us through registration, completion of forms or e-mails, as part of an order for products or services, inquiries or requests about materials being ordered and similar situations in which you have chosen to provide the information to us. Personal Information means information that can directly or indirectly lead to the identification of a living person, such as an individual`s name, address, e-mail, telephone number, or other identifying characteristic.

The data we collect will only be used for the purpose of supplying you with the requested products or services or for other purposes for which you have given your consent, except where otherwise provided by law.

Choice. As an agent processing personal information under the direction of its customers, Force 5 Media has no direct relationship with the individuals whose personal data it processes. Force 5 Media may disclose personal information to third parties in the following instances:

Website Consultants and Service Providers. We may disclose personal information to third party consultants and service providers (such as providers of hosting services, support, maintenance and remedial and repair services) to the extent that they require access to our databases, or the information contained in our databases, to service Force 5 Media and our customer's Website under the conditions set out in the Framework.

Enforcement of Rights/Security. We reserve the right to release personal information (i) when we are under legal compulsion to do so (e.g. we have received a subpoena) or we otherwise believe that the law requires us to do so, (ii) when we believe it is necessary to protect and/or enforce the rights, property interests, or safety of the Company, our customers or others, or (iii) as we deem necessary to resolve disputes, troubleshoot problems, prevent fraud and/or enforce this Framework.

Reorganization or Sale of the Company. In the event that the Company is merged with or becomes part of another organization, or in the event that Company is sold or it sells all or substantially all of its assets or is otherwise reorganized, the information you provide may be one of the transferred assets to the acquiring or reorganized entity.

As Otherwise Allowed by Law. We may transfer personal information to third parties where we are expressly authorized by applicable law and the Principles to do so.  We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including meeting national security or law enforcement requirements.

Force 5 Media works with its customers to help them inform individuals about the possibility of such disclosures and provide individuals with the choice of opting-out of them. Force 5 Media only processes personal information as directed by its customers. As agent of its customers, Force 5 Media may process non-personally identifiable sensitive information. However, the information gathered is not aggregated with the user's personal information so the information is never connected to the individual.

Onward Transfer. Personal information may be transferred to third parties as set out in this Framework in the Notice and Choice provisions with knowledge and consent of Force 5 Media's customers. Force 5 Media has agreements with these third party vendors requiring that they provide at least the same level of privacy protection as do the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. In cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, Force 5 Media is potentially liable.

Security.  Although we cannot guarantee the impenetrability of our servers, we have established and implemented reasonable precautions to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. As an agent processing personal information under the direction of its customers, Force 5 Media has entered into a contract with its customers specifying the conditions under which personal information received from the EU and Switzerland are processed and kept secure. Force 5 Media has appropriate contractual language in place with third party data processors providing that they must apply the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework to the processing of personal data received from Force 5 Media.

Data Integrity. Force 5 only processes personal data that is relevant to the services it provides, and only for the purposes compatible with those for which the data was collected. As an agent processing personal information under the direction of its customers, Force 5 Media works with its customers so that they can provide a way for individuals to correct their data.

Access. As an agent, Force 5 Media has no direct relationship with the individuals whose personal information it processes. An EU or Swiss individual who seeks to exercise his or her right to seek access, or who seeks to correct, amend, or delete inaccurate data should direct his inquiry to Force 5 Media’s customer (the data controller) which has transferred such data to Force 5 Media for processing. Force 5 Media’s customer will then provide access to the individual as determined under the applicable local data protection law.

Enforcement/Complaint Handling. We welcome your questions, comments and concerns about privacy. Please contact us at PrivacyShield@discoverforce5.com with any questions or comments you may have regarding the privacy of your information. Individuals who wish to file a complaint or who take issue with Force 5 Media's process should contact us at PrivacyShield@discoverforce5.com. Force 5 Media will explain the process to be followed when filing a complaint. Filing a complaint in English will expedite the process. Force 5 Media will work with its customer to investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with this Framework.

In compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, Force 5 Media, Inc. commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Force 5 Media, Inc. at:

Force 5 Media, Inc.
Attn: Privacy Shield
1433 Northside Blvd.
South Bend, IN 46615
574-234-2060
PrivacyShield@discoverforce5.com

Force 5 Media, Inc. has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacyshield/for-eu-consumers for more information and to file a complaint. Please note that if your complaint is not resolved through these channels, under certain limited conditions, an individual may invoke last resort binding arbitration before a Privacy Shield Panel. If you have any questions regarding this policy, please contact Force 5 Media at PrivacyShield@discoverforce5.com.

Force 5 Media is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).  Should an individual be unable to resolve a complaint through the Council of Better Business Bureau's complaint process, they may contact the FTC at the following address:

Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
www.ftc.gov

The practices described in this Framework are effective April 12, 2017. Force 5 Media reserves the right to modify this Statement at any time consistent with the requirements of the EU-U.S. Privacy Shield Framework.  Modifications to this Framework will be posted on Force 5 Media's Website and will be effective when posted.