Effective Date: February 2, 2022
GDPR Privacy Notice
Controller Disclosure & Details: We are a data controller of personal data regarding the following categories of EEA Individuals: Website visitors (“Site Visitors”) and employees of our prospective or current Members (prospective or current “Member Employees”) (collectively, “Business Contacts”) for the purposes and under the legal bases described in the table below. In many cases, the Site Visitors and Employee categories may overlap (e.g., Member Employees that visit the Website would also be Site Visitors).
Data Subject Category
Purpose & Legal Basis of Processing
Information Security: Our web servers will log Site Visitors’ IP address and other information (e.g., browser information, operating system, request date/time, user agent string, referral and exiting URL) in order to maintain an audit log of activities performed. We use this information pursuant to our legitimate interests in tracking Website usage, combating DDOS or other attacks, and removing or defending against malicious Website visitors.
Email Communications: We will answer inquiries, such as those sent through our Contact Us page, pursuant to our legitimate interest in answering such inquiries, ensuring prospective or Member Employee or Site Visitor satisfaction, and furthering business relationships.
We will send e-mail marketing communications to prospective Member Employees or Site Visitors that are not current Member Employees, based on their affirmative consent.
Upon an organization becoming a TAN Member, relevant current Member Employees (e.g., working group participants) will receive administrative, transactional, or other communications (e.g., membership confirmation, alerts, industry updates, invites) pursuant to our, our Members, and our current Member Employees’ legitimate interest in providing/receiving such communications given their role within such organization and interest and participation in our member services.
General Business Development: We have a legitimate interest in processing the personal data of Business Contacts to further business relationships and ensure Employee and Site Visitor satisfaction (e.g., by storing Business Contact information within a CRM or other file, answering inquiries per Email Communications above).
TAG TrustNet: TAN has a legitimate interest in processing the personal data of Business Contacts (such as their business contact information and TAG ID) in order to provide access to (a) Fiducia’s blockchain technology and (b) process TAN membership (which includes access to working groups, for example), in order to collectively provide the “TAG TrustNet.”
Recipients: TAN personnel process the categories of EEA Individuals’ (as listed above) information for the purposes listed in the table above. Such EEA Individuals’ information is also disclosed to the following recipients to effectuate such purposes:
Retention: Please see below for our general retention periods. Please note that the below retention periods may be extended or shortened, as appropriate, based on the context of our relationship with an EEA Individual (e.g., negotiations for a sale, interest in member services), and for compliance with legal obligations (e.g., accounting, finances, tax).
We will retain the personal data of prospective Member Employees for approximately eighteen (18) months after collection, as, historically, we have seen that prospective Member Employees may convert into current Member Employees within such time period. This retention period may be extended for prospective Member Employees that are in communication with TAN regarding its member services near the end of such retention period.
Current Member Employees’ personal data will be retained until the relationship terminates, at which point their personal data will be retained for seven (7) years for finance and tax purposes and in case of repeat business.
Personal data within contractual and other legal documentation will be retained permanently.
Your GDPR Rights: As a natural person, you have a right to: (i) request access to, correction and/or erasure of your personal data; (ii) object to processing of your personal data; (iii) restrict processing of your personal data; and (iv) request a copy of your personal data, or have a copy thereof sent to another controller, in a structured, commonly used and machine readable format under the right of data portability. You may exercise these rights and submit a GDPR complaint by contacting email@example.com with the subject line “GDPR Notice.”
You also have the right to lodge a complaint about the processing of your personal data with an appropriate data protection authority, and, as applicable, to exercise third-party beneficiary rights under TAN’s Standard Contractual Clauses.
Contact details for the EU data protection authorities can be found at: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Objecting to Legitimate Interest/Direct Marketing: You may object to personal data processed pursuant to our legitimate interest. In such case, we will no longer process your personal data unless we can demonstrate appropriate, overriding legitimate grounds for the processing or if needed for the establishment, exercise, or defense of legal claims. You may also object at any time to processing of your personal data for direct marketing purposes by clicking “Unsubscribe” within an automated marketing email or by otherwise submitting your request to firstname.lastname@example.org with the subject line “GDPR Notice” (the latter for instances where, for example, you would not like to receive follow-ups from our sales team). In such case, your personal data will no longer be used for that purpose.
Transfer of Personal Data outside the EEA or UK: We are self-certified under the EU-US and Swiss-US Privacy Shield and; you may have specific rights in relation thereto (see E.U.-U.S. and Swiss-U.S. Privacy Shield Notice below). However, due to the Privacy Shield’s invalidation as a valid data transfer mechanism, we may instead rely on Standard Contractual Clauses for data transfers.
Governmental Access Requests: TAN may be required to disclose personal data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal data to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.
Corporate Restructuring: In the event of a merger, reorganization, dissolution or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal data, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal data as set forth in this GDPR Notice. This GDPR Notice shall be binding upon TAN and its legal successors in interest.
Updates to this GDPR Notice: If, in the future, we intend to process your personal data for a purpose other than that which it was collected, we will provide you with information on that purpose and any other relevant information at a reasonable time prior to such processing. After such time, the relevant information relating to such processing activity will be revised or added appropriately within this GDPR Notice, and the “Effective Date” at the top of this page will be updated accordingly.
How to Contact Us: Reach out to email@example.com for any questions, complaints, or requests regarding this GDPR Notice; please include the subject line “GDPR Notice.”
E.U.-U.S. and Swiss-U.S. Privacy Shield Notice
TAN has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints/ for more information and to file a complaint. This service is provided free of charge to you. If these processes do not result in a resolution, you may also contact your local data protection authority, the US Department of Commerce, and/or the Federal Trade Commission for assistance. If your complaint still remains unresolved, then you have the right to invoke binding arbitration by the Privacy Shield Panel upon written notice to TAN at firstname.lastname@example.org.
With regard to the Principle of Accountability for Onward Transfer, for example, we remain liable if our agent processes such personal information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.
To the extent applicable, we will not disclose your sensitive personal information to any third-party without first obtaining your opt-in consent. You may grant such consent by contacting us at email@example.com.
In each instance, please allow us a reasonable time to process your response.
Your Privacy Shield Rights: Upon request to firstname.lastname@example.org with the subject line “Privacy Shield,” we will provide you with confirmation as to whether we are processing your personal data pursuant to the Privacy Shield, and have such data communicated to you within a reasonable time. You have the right to access, correct, amend, or delete the personal data processed pursuant to the Privacy Shield where it is inaccurate or has been processed in violation of our privacy disclosures to you. We may require payment of a non-excessive fee to defray our expenses in this regard. Please allow us a reasonable time to respond to your inquiries and requests.
Retention of Personal Information under the Privacy Shield: We will retain the personal information processed pursuant to the Privacy Shield in a form that identifies you pursuant to our data retention periods in Retention above, or as subsequently authorized. We may continue processing such personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of our privacy disclosures. After such time periods have expired, we may either delete your personal information or retain it in a form such that it does not identify you personally.
How We Protect Your Personal Information under the Privacy Shield: TAN takes very seriously the security and privacy of the personal information that it collects pursuant to the Privacy Shield. Accordingly, we will implement reasonable and appropriate security measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations.