I. Safe Harbor
The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions to enable US companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EEA to the United States (the "U.S.-EU Safe Harbor"). The EEA also has recognized the US Safe Harbor as providing adequate data protection (OJ L 45, 15.2.2001, p.47). The United States Department of Commerce and the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland have agreed on a similar set of principles and frequently asked questions to enable U.S. companies to satisfy the requirement under Swiss law that adequate protection be given to personal information transferred from Switzerland to the United States (the "U.S.-Swiss Safe Harbor"). Consistent with its commitment to protect personal privacy, PerkinElmer adheres to the principles set forth in the U.S.-EU Safe Harbor and the U.S.-Swiss Safe Harbor (the "Safe Harbor Principles"). To learn more about the Safe Harbor program, and to view PerkinElmer's certification, please visit http://www.export.gov/safeharbor/.
PerkinElmer has designated the Sr. Vice President Human Resources, as the person responsible for compliance and enforcement of this Policy. PerkinElmer also has designated the Human Resources Information Manager ("HRIM") as the Safe Harbor Coordinator, responsible for ensuring compliance with this Policy and data security issues. PerkinElmer educates its employees concerning compliance with this Policy and has self-assessment procedures in place to monitor compliance. The Legal Department is available to any employees who may have questions concerning this Policy or data security practices.
Without limiting the foregoing, Personal Information collected by PerkinElmer from employees is maintained at, among others, PerkinElmer corporate offices in Waltham, Massachusetts in the United States, Hewlett Packard, Inc. data centers in the state of Georgia in the United States, Ceridian Corporation data centers in the state of Georgia in the United States, as well as the local offices of the employee or applicant. For purposes of data security and backup, copies may be maintained at secure secondary facilities.
PerkinElmer collects Personal Information for, among other things, human resource and business reasons such as payroll administration, maintaining accurate benefits records, managing operating plans, meeting governmental reporting requirements, security, health and safety management, performance management, company network access, and authentication. This information may sometimes include Sensitive Personal Information such as health or racial/ethnic origin, but PerkinElmer does not seek to obtain information regarding political opinions, religion, philosophy or sexual orientation. To the extent PerkinElmer maintains information on an individual's health or race/ethnicity, PerkinElmer will protect, secure and use that information in a manner consistent with this Policy.
For purposes of this Policy, the following definitions shall apply:
- "Agent" means any third party that collects or uses Personal information provided by PerkinElmer to perform tasks on behalf of or at the instruction of PerkinElmer.
- "Personal Information" means any information or set of information that identifies or could be used by or on behalf of PerkinElmer to identify an individual. Personal Information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public Personal Information.
- "Sensitive Personal Information" means Personal Information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health or sex life, information about social security benefits, or information on criminal or administrative proceeding and sanctions other than in the context of pending proceedings.
IV. Privacy Principles
The privacy principles in this Policy are based on the Safe Harbor Principles.
- NOTICE: Where PerkinElmer collects Personal Information directly from individuals in the EEA, it will inform them about the purposes for which it collects and uses Personal Information about them, the types of non-agent third parties to which PerkinElmer discloses that information, the choices and means, if any, PerkinElmer offers individuals for limiting the use and disclosure of Personal Information, and how to contact PerkinElmer. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information to PerkinElmer, or as soon as practicable thereafter, and in any event before PerkinElmer uses or discloses the information for a purpose other than that for which it was originally collected. PerkinElmer may disclose Personal Information if required to do so by law or to protect and defend the rights or property of PerkinElmer.
- CHOICE: PerkinElmer will offer individuals the opportunity to choose (opt-out) whether their Personal Information is (a) to be disclosed to a non-Agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized.
For Sensitive Personal Information, PerkinElmer will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-Agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
- DATA INTEGRITY: PerkinElmer will use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. PerkinElmer will take reasonable steps to ensure that Personal Information is relevant, accurate, complete and current for its intended use.
- TRANSFERS TO AGENTS: PerkinElmer will obtain assurances from its Agents that they will safeguard Personal Information consistent with this Policy. Examples of appropriate assurances that may be provided by Agents include: a contract obligating the Agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the "EU Data Protection Directive"), being subject to Swiss Federal Act on Data Protection, Safe Harbor certification by the Agent, or being subject to another European Commission or Swiss FDPIC adequacy finding. Where PerkinElmer has knowledge that an Agent is using or disclosing Personal Information in a manner contrary to this Policy, PerkinElmer will take reasonable steps to prevent or stop the use or disclosure.
- ACCESS AND CORRECTION: Upon request, PerkinElmer will grant individuals reasonable access to Personal Information that it holds about them. In addition, PerkinElmer will take reasonable steps to permit individuals to correct, amend or delete information that is demonstrated to be inaccurate or incomplete. Any employees that desire to review or update their Personal Information can do so by contacting their local Human Resources Representative.
- SECURITY: PerkinElmer will take reasonable precautions to protect Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. PerkinElmer protects data in many ways. Physical security is designed to prevent unauthorized access to database equipment and hard copies of Sensitive Personal information. Electronic security measures monitor access to our servers and provide protection from hacking or other unauthorized access from remote locations. This protection may include the use of firewalls, restricted access, encryption, and other technologies. PerkinElmer limits access to Personal Information and data to those persons that have a specific business purpose for maintaining and processing such Personal Information. Individuals with access to Personal Information are informed of their responsibilities to protect the security, confidentiality and integrity of that information.
- ENFORCEMENT: PerkinElmer will conduct compliance audits of its relevant privacy practices to monitor and verify adherence to this Policy and the Safe Harbor Principles. Any employee that PerkinElmer determines is in violation of this Policy will be subject to disciplinary action, up to and including termination of employment.
V. Dispute Resolution
Any questions or concerns regarding the use or disclosure of Personal Information should be directed to the PerkinElmer General Counsel at 940 Winter Street, Waltham, Massachusetts 02451, United States. PerkinElmer will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with this Policy. If a complaint cannot be resolved between PerkinElmer and the complainant whose Personal Information is involved, PerkinElmer will cooperate in the dispute resolution procedures of the appropriate data protection authority.
VI. Limitations on Application of Principles
Adherence by PerkinElmer to these Safe Harbor Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; and (c) to the extent expressly permitted by an applicable law, rule or regulation.
VII. Internet Privacy
The practices described in this Policy are PerkinElmer's personal data protection policies as of November 10, 2014. PerkinElmer reserves the right to modify or amend this Policy at any time , with or without notice, consistent with the requirements of the Safe Harbor Principles.