EU – US Privacy Shield

EU – US Privacy Shield

NEEYAMO INC.- EU – US PRIVACY SHIELD NOTICE

By this Privacy Shield Notice (“Notice”), Neeyamo Inc. (hereinafter referred to as “Neeyamo”) and its affiliates collect, use and disclose personally identifiable information that we receive in the US from the European Economic Area (EEA which includes European Union EU Personal Data). Neeyamo may also further rely on other compliance mechanisms such as data processing agreements based on EU Standard Contract Clauses. All the terms, capitalized or otherwise, used in this Notice shall have the same meaning as Neeyamo’s Privacy policy, which can be found in at https://www.neeyamo.com

1. COMMITMENT TO PRINCIPLES:

Neeyamo recognizes that the EEA has established strict regulations regarding the handling of EEA Personal Data of the residents of EEA and/or UK, including requirements to provide adequate protection for such Personal Data transferred outside of the EEA and/or UK. To provide the required protection of the Personal Data about corporate customers, clients, suppliers, and business partners in the EEA and/or UK, received in the USA, Neeyamo has elected to self-certify to the EU-US Privacy Shield Framework administered by the US Department of Commerce (“Privacy Shield”).

For purposes of enforcing compliance with the Privacy Shield, Neeyamo is subject to the investigation and enforcement authority of the US Federal Trade Commission.

Neeyamo complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from EEA countries and/or UK transferred to the United States pursuant to Privacy Shield.  Neeyamo has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict in this Privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/ 

2. TYPES OF PERSONAL DATA COLLECTED:

Neeyamo, being in the HRO Organization, collects personal and sensitive data required to process all activities related to the lines of businesses. We collect such personal and/or sensitive data as a Data processor, to provide our services to our client’s. When Neeyamo handles data for our Client’s we may be a data controller or data processor depending on the specifics of our contract with that company.

The Personal data transferred concern the following categories of data to perform the services:

i.   Contact information such as Full Name, Home Address, Email Address, Date of Birth and Financial information
ii.  Documentation: Education/ Employment documents and Identity proofs.
iii. Payroll data, such as banking data necessary to make payments to data subject, compensation information, data on leave, paycheck details (including the following: total gross salary, employees wage tax (withheld by the employer), employees compulsory social security deduction, employees compulsory retirement deduction, employees compulsory unemployment deduction, employees additional medical care deduction, other compulsory or additional employees deductions, employees voluntary retirement deduction, employees voluntary medical care deduction, other employees voluntary deductions, total employee deductions, total net salary, expenses refund and advances, banking details, and third party payments (where acting as an employer surrogate when the employee is on leave for long-term sickness, accident at work or other reason).

Special categories of data (if required and as applicable)

i.   Bank account information
ii.  Where applicable, religious affiliation and information required deducting sick payments (if required for payroll and tax processing); Passport, Social security numbers, details of disabilities, if any.
iii. Other special categories of personal data contained in payroll information (if any)
iv. Activities, interactions, preferences, transactional information and other computer and connection information (such as IP address) relating to use of our websites and our services
v.  Log files, information collected by cookies and similar technologies about the pages viewed, links clicked, and other actions taken when accessing our website.

We collect and process client’s personal information both directly and indirectly.

i.    to provide service(s) agreed through commercial contracts,
ii.   managing clients account within our applications,
iii.  to verify clients identity or to perform any other authentication that we need to provide service(s),
iv.  to maintain clients personal profile,
v.   to provide the services that customer have requested including processing transactions,
vi.  to tailor / customize our website or other services we provide to clients as per their requirement.
vii. to enable third parties to perform services or functions on our behalf, for example where this is necessary to process a transaction or provide services,
viii.to comply with applicable laws and regulations.

3.  NOTICE:

Neeyamo notifies Data Subjects about its data practices regarding Personal Data received by Neeyamo in the US from EEA (including Liechtenstein, Norway and Iceland) and/or UK. Neeyamo will not use or disclose Personal Data transferred from an EEA Member State and/or UK to the United States, for any purpose that has not previously been disclosed to the data subjects unless:

a) The data subjects has received notice and an opportunity to exercise choice, as described below, with respect to such use or disclosure; or

b) Applicable law permits the use or disclosure without requiring that Neeyamo first comply with the Notice and Choice Principles.

4.  CHOICE:

Neeyamo currently does not allow personal data to be either shared with third party or used for reasons other than that for which it was provided to perform business.  If this practice should change in the future, we will notify individuals beforehand and provide opt-out choice. Neeyamo maintains reasonable procedures to help ensure that EEA and/or UK Personal Data is reliable for its intended use, accurate, complete, and current.

5.  USE AND DISCLOSURE OF PERSONAL DATA AND ACCOUNTABILITY FOR ONWARD TRANSFER:

Neeyamo limits the access to Personal Data to its employees, sub-contractors, and third-party that have a specific business reason for accessing such Personal Data. Neeyamo has partnerships and alliances in leveraging expertise and knowledge of various countries’ local labor laws, labor union rules and collective labor agreements.

We have a triangulated framework for compliance that comprises of three different sources providing us with updates for all the countries on the changing legislative requirements

i.   A central team of dedicated compliance experts to oversee and manage all compliance related activities
ii.  Partnership with leading global audit firms to warranty 100% compliance and to stay abreast in various aspects of compliance management
iii. Foot-on-the-ground presence in each and every jurisdiction through a network of carefully shortlisted in-country partners to guarantee last mile

Neeyamo shall disclose the personal information to the third parties like our sub-contractors in accordance with contractual agreements with clients and applicable laws & regulations.

Note that, Neeyamo may be required to share EEA and/or UK based personal data in response to lawful requests by public authorities including to meet national security and/or law enforcement requirements.

Neeyamo’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is as described in the Privacy Shield Principles. In particular, Neeyamo remains responsible and liable under the Privacy Shield Principles if third-party that it engages to process the personal data on its behalf, do so in a manner inconsistent with the Principles, unless Neeyamo proves that it is not responsible for the event-giving rise to the damage.

6. SECURITY:

Neeyamo is committed to safeguarding the Personal Data that it received from the EEA and/or UK from loss, misuse, unauthorized access, disclosure, alteration and destruction.

Neeyamo utilizes security technologies, stringent procedures and organizational measures to help safeguard Personal Data. For example, facility security designed to prevent unauthorized access to Neeyamo computers. Electronic security measures including, for example, network access controls, passwords and access logging provide protection from hacking and other unauthorized access.

7.  DATA INTEGRITY & PURPOSE LIMITATION:

Neeyamo will use personal data only for the purposes for which it collected or subsequently authorized by client. Neeyamo will take reasonable steps to ensure that personal data is relevant to its intended use. Neeyamo depends on you to update and correct your personal data to the extent necessary for the purposes for which it collected and subsequently authorized by you.

8.  ACCESS:

Pursuant to the Privacy Shield Frameworks, the Data subjects from EEA and/or UK have the right to access the personal information relating to that Data subject in the United States.  Upon request, Neeyamo will provide you with access to the personal information that we hold about you.  You may also request to correct, amend, or delete incorrect information or request erasure of the personal information we hold about you if it processed in violation of the Privacy Shield Principles.  An individual who wishes to exercise this right should direct their query to privacy@neeyamo.com or via post at Neeyamo Data Privacy office to the Attention of CISO, Neeyamo Enterprise Solutions Private Limited, Lvl-1, IT-05 Blueridge SEZ, Hinjewadi Phase-1, Pune-411057, Maharashtra, India.  Upon such request to remove or correct the Personal data, we will respond within a reasonable timeframe.

Neeyamo may require verification of identity before providing access to Personal Data. Please note that in cases where Neeyamo is acting as a data processor on behalf of a client, we may have to forward your request to that entity, which remains the data controller for your information.

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it originally collected or subsequently authorized.  To request to limit the use and disclosure of your personal information, please submit a written request to privacy@neeyamo.com

9.  RECOURSE, ENFORCEMENT AND LIABILITY:

The Privacy Shield principles governs Neeyamo’s accountability in handling and further transfer of Personal data that it receives in the United States.  In particular, Neeyamo remains responsible and liable under the Privacy Shield Principles if third-party that it engages with, to process the Personal data on its behalf,  do so in a manner inconsistent with the Principles, unless Neeyamo proves that it is not responsible for the event-giving rise to the damage.

In compliance with the Privacy Shield Principles, Neeyamo commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. Data subjects from EEA and/or UK, with Privacy Shield inquiries or complaints should first contact Neeyamo by email at privacy@neeyamo.com or via post at:  to the Attention of CISO,  Neeyamo Enterprise Solutions Private Limited, Lvl-1, IT-05 Blueridge SEZ, Hinjewadi Phase-1, Pune-411057, Maharashtra, India.

Neeyamo 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 not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers to file a complaint. This service is provided free of charge to you.

Finally, as a last resort and under limited circumstances, EEA and/or UK individuals/Data subjects, with residual grievances may invoke a binding arbitration option before a Privacy Shield Panel. For more information on this please see Annex 1 of the Privacy Shield at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

10.  HUMAN RESOURCES DATA WITHIN THE CONTEXT OF THE HR RELATIONSHIP:

If your complaint involves human resources, data transferred to the United States from the EEA and/or UK. In the context of the employment relationship, and Neeyamo does not address it satisfactorily, Neeyamo commits to cooperate with the panel established by the EU data protection authorities (DPA Panel), as applicable and to comply with the advice given by the DPA panel, with regard to such human resources data.  To pursue an unresolved human resources 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 EU data protection authorities found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

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

Changes to this Policy

We reserve the right to amend this Policy from time to time consistent with the Privacy Shield’s requirements.

Last updated on: March 21, 2020.