ISO Claims Services, Inc.

 

EU-U.S. Privacy Shield:  Consumer Privacy Policy

 

Last Updated: September 28, 2016

 

ISO Claims Services, Inc. (“ISOCS”) respects your concerns about privacy.  ISOCS participates in the EU-U.S. Privacy Shield (“Privacy Shield”) framework issued by the U.S. Department of Commerce.  ISOCS commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU in reliance on the Privacy Shield.  This Policy describes how ISOCS implements the Privacy Shield Principles for Consumer Personal Data.

 

For purposes of this Policy:

 

“Consumer” means any natural person who is located in the EU, but excludes any individual acting in his or her capacity as an Employee.

 

“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

 

“Customer” means any entity that purchases or otherwise obtains products or services from ISOCS.   

 

“Employee” means any current, former or prospective employee of ISOCS, or any of its European affiliates, who is located in the EU.

 

“EU” means the European Union and Iceland, Liechtenstein and Norway.

 

“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by ISOCS in the U.S. from the EU, and (iii) recorded in any form.

 

“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.

 

“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.

 

“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.

 

ISOCS’s EU-U.S. Privacy Shield certification can be found at https://www.privacyshield.gov/. 

 

Types of Personal Data ISOCS Collects

ISOCS obtains Consumer Personal Data, such as contact information, in connection with providing technical support services for Claims Outcome Advisor.

 

As a Processor, ISOCS accesses Personal Data about its Customers’ Consumers located in the EU.  ISOCS’s Customers provide access to the Personal Data to ISOCS in connection with ISOCS’s provision of services to its Customers.  In this capacity, ISOCS acts pursuant to its Customers’ instructions.  The types of Personal Data ISOCS’s Customers provide access to ISOCS include names, addresses, email addresses, phone numbers, dates of birth, gender, Social Security numbers, government or other national identification numbers and treatment codes.  ISOCS processes this Consumer Personal Data to provide technical support services to its Customers. 

 

ISOCS’s privacy practices regarding the processing of Consumer Personal Data comply, as appropriate, with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.

 

Notice


ISOCS provides information in this Policy about its Consumer Personal Data practices, including the types of Personal Data ISOCS accesses, the types of third parties to which ISOCS discloses the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Data, and how to contact ISOCS about its practices concerning Personal Data.

 

When ISOCS acts as a Processor and Consumer Personal Data is transferred to ISOCS in the U.S. on behalf of a Customer, the Customer is responsible for providing appropriate notice to its Consumers and obtaining the requisite consent. 

 

Privacy notices pertaining to specific data processing activities also may contain relevant information.

 

Choice


When ISOCS maintains Personal Data about Consumers with whom ISOCS does not have a direct relationship because ISOCS obtained or maintains the Consumers’ data as a Processor, ISOCS’s Customers are responsible for providing the relevant Consumers with certain choices with respect to the Customers’ use or disclosure of the Consumers’ Personal Data.

 

ISOCS may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements.  ISOCS also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).

 

Accountability for Onward Transfer of Personal Data


This Policy describes ISOCS’s sharing of Consumer Personal Data. 

 

To the extent ISOCS acts as a Controller, except as permitted or required by applicable law, ISOCS provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers.  ISOCS requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify ISOCS and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles. 

 

To the extent ISOCS transfers of Consumer Personal Data to third-party Processors, ISOCS (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with ISOCS’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify ISOCS if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request.  ISOCS remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless ISOCS proves that it is not responsible for the event giving rise to the damage.

 

Security


ISOCS takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.

 

Data Integrity and Purpose Limitation


ISOCS limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing.  ISOCS does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer.  In addition, to the extent necessary for these purposes and consistent with its role as a Controller or Processor, ISOCS takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current.  In this regard, ISOCS relies on its Consumers and Customers (with respect to Personal Data of Consumers with whom ISOCS does not have a direct relationship) to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized.  Consumers (and Customers, as appropriate) may contact ISOCS as indicated below to request that ISOCS update or correct relevant Personal Data. 

 

Subject to applicable law, ISOCS retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer or Customer, as appropriate.

 

Access


Consumers generally have the right to access their Personal Data.  Accordingly, to the extent ISOCS acts as a Controller, where appropriate, ISOCS provides Consumers with reasonable access to the Personal Data ISOCS maintains about them.  ISOCS also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate.  ISOCS may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated.  Consumers may request access to their Personal Data by contacting ISOCS as indicated below. 

 

When ISOCS maintains Personal Data about Consumers with whom ISOCS does not have a direct relationship because ISOCS maintains the Consumers’ data as a Processor for its Customers, ISOCS’s Customers are responsible for providing Consumers with access to the Personal Data and the right to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. In such circumstances, Consumers should direct their questions to the appropriate ISOCS Customer.  When a Consumer is unable to contact the appropriate Customer, or does not obtain a response from the Customer, ISOCS will provide reasonable assistance in forwarding the Consumer’s request to the Customer.

 

Recourse, Enforcement and Liability


ISOCS has mechanisms in place designed to help assure compliance with the Privacy Shield Principles.  ISOCS conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions the company makes about its Privacy Shield privacy practices are true and that the company’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.

 

Consumers may file a complaint concerning ISOCS’s processing of their Personal Data.  ISOCS will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles.  Consumers may contact ISOCS as specified below about complaints regarding the company’s Consumer Personal Data practices. 

 

If a Consumer’s complaint cannot be resolved through ISOCS's internal processes, ISOCS will cooperate with JAMS pursuant to the JAMS International Mediation Rules, available on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield.  JAMS mediation may be commenced as provided for in the relevant JAMS rules.  Following the dispute resolution process, JAMS or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over ISOCS.  Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about ISOCS’s compliance with the Privacy Shield Principles.

 

When ISOCS maintains Personal Data about Consumers with whom ISOCS does not have a direct relationship because ISOCS obtained or maintains the Consumers’ data as a Processor for its Customers, Consumers may submit complaints concerning the processing of their Personal Data to the relevant Customer, in accordance with the Customer’s dispute resolution process.  ISOCS will participate in this process at the request of the Customer or the Consumer.

 

How to Contact ISOCS


To contact ISOCS with questions or concerns about this Policy or ISOCS’s Consumer Personal Data practices:

 

Write to:

ISO Claims Services, Inc.

Attention: COA Product Manager

250 Berryhill Road

Converse Building, Suite 500

Columbia, SC 29210

 

Insurance Services Office, Ltd.

Attention: Law Department

4th Floor

40 Gracechurch Street

London, England EC3V 0BT

E-mail: privacy@verisk.com