Privacy Shield Policy

This Privacy Shield Policy (“Policy”) describes how Exiger LLC and its subsidiaries and affiliates in the United States (“US”) (“Exiger,” “Company,” “we,” or “us”) collect, use, and disclose certain personally identifiable information that we receive in the US from the European Union (EU) and Switzerland (“Personal Data”). This Policy applies to the following US affiliated entities: Exiger LLC and Exiger Diligence, Inc.   This Policy supplements our Website Privacy Policy located at http://www.exiger.com/privacy, and unless specifically defined in this Policy, the terms in this Policy have the same meaning as the Website Privacy Policy. 

Exiger complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information transferred from European Union  and Switzerland to the United States, respectively.  Exiger has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and 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.

For purposes of enforcing compliance with the Privacy Shield, Exiger is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website located at: https://www.privacyshield.gov. To review Exiger's representation on the Privacy Shield list, see the US Department of Commerce's Privacy Shield self-certification list located at: https://www.privacyshield.gov

Personal Data Collection and Use 

Exiger advises financial institutions and multinational corporations concerning regulatory and financial crimes risk and compliance and provides a range of related investigative, due diligence, consulting, risk management and compliance services. When Exiger processes data received from a client or prospective client (“Client Data”), Exiger does so only pursuant to the client’s or prospective client’s instructions and prior authorization.

Client Data may include Personal Data. We may receive the following categories of Personal Data in the US: name, residence and business address, national/tax identification number, email addresses, date of birth, and/or scans of relevant identification cards/documents. We process Personal Data for the following purposes:  advising financial institutions and multinational corporations concerning regulatory and financial crimes risk and compliance and providing a range of related investigative, due diligence, consulting, risk management and compliance services.

Exiger will only process Personal Data in ways that are compatible with the purpose that Exiger collected it for, or for purposes the individual later authorizes. Before we use your Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. Exiger maintains reasonable procedures to help ensure that Personal Data is reliable for its intended use, accurate, complete, and current.

If we collect sensitive Personal Data, we will obtain your opt-in consent where the Privacy Shield requires, including if we disclose your sensitive Personal Data to third parties, or before we use your sensitive Personal Data for a different purpose than we collected it for or than you later authorized.

Exiger processes only the Personal Data that its clients or prospective clients have chosen to share with Exiger. Exiger has no direct or contractual relationship with the subject of this Personal Data (the “Data Subject”). As a result, when Client Data includes Personal Data, the client is solely responsible for satisfying all legal obligations owed directly to the Data Subject under applicable data protection laws.

It is the Exiger client's or prospective client's responsibility to ensure that Personal Data it collected can be legally collected in the country of origin. The client or prospective client is also responsible for providing to the Data Subject any notices required by applicable law, for obtaining consent where legally required, and for responding appropriately to the Data Subject's request to exercise his or her rights under applicable data protection law with respect to Personal Data.

Exiger is not responsible for its client's or prospective client's privacy policies or practices or for the client's or prospective client's compliance with them. Exiger does not review, comment upon, or monitor its client's or prospective client's privacy policies or the client's or prospective client's compliance with such policies. Exiger also does not review instructions or authorizations to Exiger to determine whether the instructions or authorizations are in compliance with, or conflict with, the terms of a client's or prospective client's published privacy policy or of any notice provided to Data Subjects.

Under the data protection law of the EU and Switzerland, a “Controller” is an organization that determines the purposes for which and the manner in which Personal Data are to be processed. A “Processor” processes Personal Data on behalf of a Controller, and only in accordance with the Controller’s instructions. Exiger acts as a Processor when it advises a client with respect to matters involving Client Data that includes Personal Data.

Data Transfers to Third Parties 

Third-Party Agents or Service Providers. We may transfer Personal Data to our third-party agents or service providers who perform functions on our behalf, including contractors who provide due diligence services. Where required by the Privacy Shield, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. In cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-US  and Swiss-US Privacy Shield Principles, Exiger is potentially liable.

Transfers to Exiger Affiliates.  If we transfer your Personal Data to one of our affiliated entities within our corporate group, we will take steps to ensure that your Personal Data is protected with the same level of protection the Privacy Shield requires.

Disclosures for National Security or Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

Security

Exiger maintains reasonable and appropriate security measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.

Access Rights

You have the right to obtain our confirmation of whether we maintain personal information relating to you.  Upon request, we will provide you with access to the personal information that we hold about you.  You may also may correct, amend, or delete the personal information we hold about you.  An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query to privacy@exiger.com.  If requested to remove data, we will respond within a reasonable timeframe.

Your right to access your Personal Data may be restricted in exceptional circumstances, including, but not limited to, when the burden or expense of providing this access would be disproportionate to the risks to your privacy in the case in question, or when the rights of persons other than you would be violated by the provision of such access.  If we determine that your access should be restricted in a particular instance, we will provide you with an explanation of our determination and respond to any inquiries you may have.

Questions or Complaints

In compliance with the EU-US  and Swiss-US Privacy Shield Principles, Exiger commits to resolve complaints about your privacy and our collection or use of your personal information.  European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Exiger at:  privacy@exiger.com

Exiger has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

Binding Arbitration 

You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your compliant directly with Exiger and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see US Department of Commerce's Privacy Shield Framework: Annex I (Binding Arbitration). 

Contact Us

If you have any questions about this Policy or would like to request access to your Personal Data, please contact us as follows: privacy@exiger.com

Changes to This Policy

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

Effective Date:  October 1, 2016

Last modified:   May 2, 2017