Privacy Shield Policy
Effective Date: April 9, 2020
EU-U.S. AND SWISS-U.S. PRIVACY SHIELDS
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, Atlantic Media or to which Atlantic Media discloses personal information for use on Atlantic Media’s behalf.
“Atlantic Media” means Atlantic Media, Inc.; The Atlantic Monthly Group LLC; National Journal Group LLC; Atlantic 57; Atlantic Re:Think; AtlanticLIVE; Ballast Research; National Journal; National Journal Daily; Network Science Initiative; Policy Brand Research; Policymakers Network; The Atlantic; The Atlantic Reader Council; and any of their subsidiaries, predecessors and successors in the United States.
“Personal information” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal information does not include information that is anonymized or aggregated.
“Sensitive information” means any personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, information that concerns health or sex life, and information about criminal or administrative proceedings and sanctions.
EU-U.S. AND SWISS-U.S. PRIVACY SHIELD PRINCIPLES
Atlantic Media participates in and 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 organizations subject to data protection law in the EEA, the United Kingdom, and/or Switzerland to the United States. Atlantic Media has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms of this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view Atlantic Media’s certification, visit https://www.privacyshield.gov/.
Atlantic 57, the creative consultancy division of The Atlantic Monthly Group LLC, creates co-branded websites, and may act as a co-controller of personal information (including browsing and session information) from the EEA, the United Kingdom, and/or Switzerland in this context. Atlantic Media uses the foregoing information for the provision of editorial content and/or commercial content of interest to its subscribers, website visitors, and app users.
Many of Atlantic Media’s brands undertake lead generation and research activities on behalf of customers; in this context, Atlantic Media may act as a processor of personal information on behalf of its customers, including of personal information about individuals in the EEA, the United Kingdom, and/or Switzerland such as contact information and sales lead information (including name, email address, and occupational information). Atlantic Media shares this information with its customers and uses this information for the provision of services to its customers.
Atlantic Media receives information about employees of Atlantic Media who are located in the United Kingdom, such as name, address, birthday, gender, nationality, work location, compensation, and other such information that is required to process payroll, provide benefits, and comply with domestic and international regulatory requirements, and which is transferred in the context of the employment relationship. Atlantic Media uses this information for internal employment and human resources purposes.
Many of Atlantic Media’s brands may receive information from third parties about users of websites and applications in connection with advertising, including information from social media websites (such as account IDs or user names, email address, friend lists) and information from publicly or commercially available sources (such as demographic information, contact information, group affiliation, occupational information, and educational background).
Atlantic Media will subject all personal information received via the Privacy Shield to the EU-U.S. and Swiss-U.S. Privacy Shield Principles. Atlantic Media is subject to the investigative and enforcement authority of the Federal Trade Commission (FTC). Atlantic Media may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Atlantic Media has potential liability for onward transfers to third parties. Additionally, an individual may be allowed to invoke binding arbitration to resolve disputes under certain limited conditions.
Atlantic Media will offer EEA, United Kingdom, and Swiss individuals whose personal information has been transferred to us the opportunity to choose whether the personal information it has received is to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. An individual may opt-out of such uses of their personal information by contacting us at the address given below.
Atlantic Media will not use sensitive personal information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual unless Atlantic Media has received the individual’s affirmative and explicit consent (opt-in).
Data Integrity and Purpose Limitation
Atlantic Media will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Atlantic Media will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete and current.
Transfers to Agents
Atlantic Media may disclose personal information to Agents, including but not limited to, providers of analytical, hosting, payment processing and other support services. Agents may have access to personal information if needed to perform their functions for Atlantic Media. Atlantic Media does not transfer the personal information of EEA, United Kingdom, or Swiss residents to non-Agent third parties unless the resident is provided with an opt-out opportunity (or an opt-in opportunity for sensitive data) before such a transfer.
Atlantic Media will require its Agents to safeguard personal information consistent with this Policy by contract obligating the Agent to provide at least the same level of protection as is required by the EU-U.S. and Swiss-U.S. Privacy Shield Principles. Under certain circumstances, Atlantic Media is liable for onward transfers of personal information received from the EEA, United Kingdom, or Switzerland where its Agent processes personal information inconsistent with the EU-U.S. and Swiss-U.S. Privacy Shield Principles, unless Atlantic Media proves that it is not responsible for the event giving rise to the damages.
Access and Correction
Pursuant to the Privacy Shield principles, Atlantic Media acknowledges the right of EEA, United Kingdom, and Swiss individuals to access their personal data. In addition, Atlantic Media will take reasonable steps to permit individuals to correct, amend, or delete such information that is demonstrated to be inaccurate, incomplete, or processed inconsistently with the Privacy Shield principles. An individual may request to access his or her information, or otherwise correct, amend, or delete his or her information pursuant to the EU-U.S. and Swiss-U.S. Privacy Shield Principles by contacting us at the address given below.
Atlantic Media will take reasonable and appropriate precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
Atlantic Media will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Atlantic Media determines is in violation of this policy will be subject to disciplinary action.
Dispute Resolution – Privacy Shield
In compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Principles, Atlantic Media commits to resolve complaints about your privacy and our collection or use of your personal information. EEA, United Kingdom, or Swiss individuals with inquiries or complaints regarding this Policy should first contact Atlantic Media at the address given below. Atlantic Media will investigate and attempt to resolve complaints regarding use and disclosure of personal information by reference to the principles contained in this Policy.
Atlantic Media has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/bbb-privacy-shield/eu-dispute-resolution for more information and to file a complaint. This service is provided free of charge to you.
If your complaint involves human resources data transferred to the United States from the United Kingdom in the context of the employment relationship, and Atlantic Media does not address it satisfactorily, Atlantic Media commits to cooperate with, and comply with the advice given by, the panel established by the United Kingdom data protection authority with regard to such human resources data. To pursue an unresolved human resources data complaint, you should contact the state or national data protection or labor authority in the appropriate jurisdiction. Complaints related to human resources data should not be addressed to the BBB EU PRIVACY SHIELD. Contact details for the United Kingdom data protection authority can be found at https://ico.org.uk/.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Questions regarding this Policy should be submitted to Atlantic Media:
Office of General Counsel
ATTN: Privacy Team
Atlantic Media, Inc.
600 New Hampshire Avenue, NW
Washington, D.C. 20037
LIMITATIONS & CHANGES
Adherence by Atlantic Media to the EU-U.S. and Swiss-U.S. Privacy Shield Principles may be limited (a) by the exception for personal information that is gathered for publication, broadcast, or other forms of public communication of journalistic material as well as information found in previously published material disseminated from media archives; (b) to the extent required to respond to a legal obligation; (c) to the extent necessary to respond to requests by authorities; and (d) to the extent expressly permitted by an applicable law, rule or regulation.
This Policy may be amended from time to time, consistent with the requirements of the EU-U.S. and Swiss-U.S. Privacy Shield Principles. The amended Policy will be made publicly available via Atlantic Media’s website at https://www.atlanticmedia.com/privacyshield/.