Privacy Shield Policy
Last Updated: November 13, 2017
TBWA Worldwide Inc. (“TBWA”) respects your concerns about privacy. TBWA participates in the EU-U.S. and Swiss-U.S. Privacy Shield (collectively, the “Privacy Shield”) frameworks issued by the U.S. Department of Commerce. TBWA commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU and Switzerland in reliance on the Privacy Shield. This Policy describes how TBWA implements the Privacy Shield Principles for Consumer Personal Data.
For purposes of this Policy:
“Client” means any entity that purchases or otherwise obtains products or services from TBWA.
“Consumer” means any natural person who is located in the EU or Switzerland, 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.
“Employee” means any current, former or prospective employee of TBWA, or any of its European or Swiss affiliates, who is located in the EU or Switzerland.
“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 TBWA in the U.S. from the EU or Switzerland, 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 (including trade union-related views or activities), sex life (including personal sexuality), information on social security measures, 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 (including administrative proceedings and criminal sanctions).
Types of Personal Data TBWA Collects
As a Processor, TBWA receives Personal Data about its Clients’ Consumers located in the EU and Switzerland. TBWA’s Clients provide the Personal Data to TBWA in connection with TBWA’s provision of services to its Clients. In this capacity, TBWA acts pursuant to its Clients’ instructions. The types of Personal Data TBWA’s Clients provide include names, postal addresses, email addresses, phone numbers and social media interactions. TBWA processes Consumer Personal Data in the U.S. to provide products and services to its Clients.
TBWA’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.
When TBWA acts as a Processor and Consumer Personal Data is transferred to TBWA in the U.S. on behalf of a Client, the Client 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.
When TBWA maintains Personal Data about Consumers with whom TBWA does not have a direct relationship because TBWA obtained or maintains the Consumers’ data as a Processor, TBWA’s Clients are responsible for providing the relevant Consumers with certain choices with respect to the Clients’ use or disclosure of the Consumers’ Personal Data.
TBWA shares Consumer Personal Data with its affiliates and subsidiaries. TBWA 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. TBWA 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
To the extent TBWA acts as a Controller, except as permitted or required by applicable law, TBWA provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. TBWA 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 TBWA 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.
With respect to transfers of Consumer Personal Data to third-party Processors, TBWA (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 TBWA’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify TBWA 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. TBWA 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 TBWA proves that it is not responsible for the event giving rise to the damage.
TBWA 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
TBWA limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. TBWA 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, TBWA 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, TBWA relies on its Consumers and Clients (with respect to Personal Data of Consumers with whom TBWA 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 Clients, as appropriate) may contact TBWA as indicated below to request that TBWA update or correct relevant Personal Data.
Subject to applicable law, TBWA 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 Client, as appropriate.
Consumers generally have the right to access their Personal Data. Accordingly, to the extent TBWA acts as a Controller, where appropriate, TBWA provides Consumers with reasonable access to the Personal Data TBWA maintains about them. TBWA 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. TBWA 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 TBWA as indicated below.
When TBWA maintains Personal Data about Consumers with whom TBWA does not have a direct relationship because TBWA maintains the Consumers’ data as a Processor for its Clients, TBWA’s Clients 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 TBWA Client. When a Consumer is unable to contact the appropriate Client, or does not obtain a response from the Client, TBWA will provide reasonable assistance in forwarding the Consumer’s request to the Client.
Recourse, Enforcement and Liability
TBWA has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. TBWA 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 TBWA’s processing of their Personal Data. TBWA will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact TBWA as specified below about complaints regarding the company’s Consumer Personal Data practices.
If a Consumer’s complaint cannot be resolved through TBWA's internal processes, TBWA 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 TBWA. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about TBWA’s compliance with the Privacy Shield Principles.
When TBWA maintains Personal Data about Consumers with whom TBWA does not have a direct relationship because TBWA obtained or maintains the Consumers’ data as a Processor for its Clients, Consumers may submit complaints concerning the processing of their Personal Data to the relevant Client, in accordance with the Client’s dispute resolution process. TBWA will participate in this process at the request of the Client or the Consumer.
How to Contact TBWA
To contact TBWA with questions or concerns about this Policy or TBWA’s Consumer Personal Data practices:
TBWA Worldwide Inc.
Attn: General Counsel
488 Madison Avenue
New York, NY 10022