Digital Matrix International Inc. Privacy Policy and EU Safe Harbor Privacy Policy

 

Definitions

Data Processor - An organization that processes personal data, either their own, or on behalf of another organization.

Data Controller – The organization that collects and determines the use of personal data.

Directive – The European Union’s Directive 95/46/EC on data privacy.

Personal Data – Data which identifies a living individual

Services

Digital Matrix International Inc. values and respects an individual’s right to privacy.

Digital Matrix provides its customers with access to software, created and owned by Digital Matrix, which manages postal mailing lists. The data contained in these lists is owned by customers of Digital Matrix, or by third party companies with a business relationship with the customers. Services performed by Digital Matrix related to the handling of the data are done only at the direction of its customers.

Collected Information

Digital Matrix does not routinely collect information from visitors to its web site. If an individual requests information, completes a contact form on the website, or sends an email to Digital Matrix, then Digital Matrix will retain the information in order to satisfy the request. Any information provided is not shared with any other organizations.

Opt Out

Current customers of Digital Matrix or individuals or entities who have expressed interest in its services may receive email communications from Digital Matrix. These emails contain instructions on how to unsubscribe if desired. Unsubscribe requests are responded to within 1 business day.

EU Safe Harbor

Digital Matrix International Inc. complies with the U.S.-EU Safe Harbor Framework and 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 European Union member countries and Switzerland.  Digital Matrix International Inc. has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view Digital Matrix International Inc.’s certification, please visit http://www.export.gov/safeharbor/

Data Processor

Digital Matrix International Inc. provides data services for its customers. As a data services provider, Digital Matrix provides the software and related services used by its customers to manage their data. Digital Matrix does not own, control, or direct the use of any of the data stored and used in connection with its software, by its customers. Digital Matrix does not directly access the data except as authorized by its customers or as necessary to provide services to its customers.

Digital Matrix does not independently transfer the data stored in connection with its software, or make it available to third parties. Such actions are performed or authorized only by the data controller. Digital Matrix should be considered only as a data processor on behalf of its customers as to any personal data transferred from the European Union to the United States that is subject to the requirements of the Directive. The customer controls the manner in which personal data is collected and used as well as determines the purpose and means of processing such personal data.

Data Controller

The Safe Harbor principles require that those who collect and direct the use of the personal data adhere to requirements related to compliance with the Directive. The specific functions of a Data Controller depend on the laws of each EU member state. However, since Digital Matrix does not collect or direct the use of any personal data stored on its servers in connection with the use of its software, and because it does not determine the purposes for which such Personal Data is collected, the means of collection, or the uses of such data, Digital Matrix is not acting in the capacity of Data Controller and does not have the associated responsibilities under the Directive or the Safe Harbor Principles.

Customer Agreement and Security

Digital Matrix enters an agreement with each of its customers located in the European Union which specifies each party’s role in complying with the Directive and the Safe Harbor Principles. This contract will also specify that the Customer, as the Data Controller, is responsible for implementing their own internal security measures with respect to their use of the software and Personal Data accessible by way of the software. Although Digital Matrix has implemented commercially reasonable security measures to protect data stored on its servers, the customer is ultimately in control of whether the personal data associated with the software is made available to third parties through the use of the software. Digital Matrix will comply with the customer’s instructions with respect to the return or destruction of personal data stored on Digital Matrix’s servers.

In its role as a processor of personal data on behalf of its customers, Digital Matrix is not required to apply all of the Safe Harbor Principles to personal data subject to the Directive that is received for processing from its customers. Digital Matrix’s role as a data processor is to assist the Customer, at the Customer’s request, in complying with its obligations under the Directive.

Notice and Access

Digital Matrix requires its customers located in, or possessing personal data of data subjects located in, the European Union to comply with their obligations under the Directive prior to the transfer of any such personal data from the European Union to the United States in connection with the customer’s use of the software, including compliance with the obligations to provide the notices and obtain the consents required under the Directive with respect to personal data. If an individual located in the European Union wishes to know what personal data relating to them is held by the customer, the customer must comply with their obligations under the Directive and provide the individual the requested information. If the European Union citizen wishes to contact Digital Matrix, they may do so using the information in the Security section of this document, however, Digital Matrix does not collect, or the direct the use of, the personal data and are only processing the data under the direction of its customers.

Data Integrity

Digital Matrix is not authorized to access or manipulate personal data located on its servers other than as necessary to provide services to a customer or as otherwise permitted to or directed by such customer. Digital Matrix takes reasonable steps to assure that personal data transferred from the European Union to the United States and stored on Digital Matrix’s servers in connection with the software is maintained in a reliable, accurate, and complete state, subject to any deficiencies in the state in which such personal data was received.

Security

The control, access, and security of the personal data stored on Digital Matrix servers in connection with its software is in the direct and primary control of, and subject to the security measures undertaken by, the customer with respect to their use of the software. Subject to the foregoing, Digital Matrix has in place information security procedures and commercially reasonable security measures designed to protect personal data stored on its servers from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Customers will be notified of any breach, with respect to personal data, of security measures implemented by Digital Matrix of which Digital Matrix becomes aware. Any compromise of security or potential compromise of security of which a customer becomes aware and any inquiries concerning security should be reported by such customer to Digital Matrix. Contact information for providing such notice is below:

Privacy Administrator
Digital Matrix International Inc.
4305 N. Rancho Dr. Ste. 150
Las Vegas, NV 89130
702-228-4055
dennish@dmisoft.com

Enforcement

If an individual has a complaint, or takes issue with Digital Matrix’s EU Safe Harbor Privacy Policy, they should contact the Privacy Administrator using the contact information above. Digital Matrix will make every reasonable effort to resolve any complaints satisfactorily and quickly. Should an individual be unable to resolve a complaint after having contacted the Privacy Administrator, they can contact the American Arbitration Association at the address below:

International Centre for Dispute Resolution
A Division of the American Arbitration Association
Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
Phone: 877-495-4185
Fax: 877-304-8457
Fax outside US: 212-484-4178
casefiling@adr.org
http://www.adr.org/icdr

Limitations

Digital Matrix’s adherence to the Safe Harbor Principles is limited to the extent permitted or required by applicable United States laws, rules, or regulations.

Changes or Updates

Digital Matrix may update this Privacy Policy and EU Safe Harbor Privacy Policy from time to time to reflect changes to its service and will update the revision date accordingly.

08/18/2011