All Chargeback Gurus Employees who handle Personal Data from Europe are required to comply with the Principles stated in this Policy.
This Policy applies to the processing of Customer Personal Data and/or HR data that Chargeback Gurus receives in the United States concerning Customers data.
2. RESPONSIBILITIES AND MANAGEMENT
Chargeback Gurus has designated its IT Department and Office Operations Manager to oversee its information security program, including its compliance with the Privacy Shield program. The IT Department and Office Operations Manager shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to admin@ChargebackGurus.com.
Chargeback Gurus will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. Chargeback Gurus personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 6 for a discussion of the steps that Chargeback Gurus has undertaken to protect Personal Data.
3. RENEWAL / VERIFICATION
Chargeback Gurus will renew its Privacy Shield certification annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism. Prior to the re-certification, Chargeback Gurus will conduct an in-house verification to ensure that its attestations and assertions regarding its treatment of Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, Chargeback Gurus will undertake the following:
3.3 Ensure that this Policy continues to comply with the Privacy Shield principles.
3.4 Confirm that Customers are made aware of the process for addressing complaints and any independent dispute resolution process (Chargeback Gurus may do so through its publicly posted website, Customer contract, or both);
3.5 Review its processes and procedures for training Employees about Chargeback Gurus' participation in the Privacy Shield program and the appropriate handling of Customer Personal Data.
4. COLLECTION AND USE OF PERSONAL DATA
Chargeback Gurus provides various solutions to its Customers, which are predominantly business Customers, and collects some Personal Data from Customers when they purchase our services, log in to their account, request information from Chargeback Gurus, or otherwise communicate with Chargeback Gurus. For example, Chargeback Gurus’ Customers may choose to seek live support or request transactional data concerning a chargeback or the associated customer to a transaction where a chargeback has occurred.
The Personal Data that Chargeback Gurus collects may vary based on the Customers and their specific request for services. As a general matter, Chargeback Gurus may collect the following types of Personal Data from its Customers: contact information, including, a contact person's name, work email address, work mailing address, work telephone number, title, and company name, as well as payment information (which might include credit card and/or bank account information). Customers have the option to log in to their accounts online and Chargeback Gurus will collect information that Customers choose to provide to Chargeback Gurus through these portals.
Chargeback Gurus serves as a service provider to its Customers. In our capacity as a service provider, Chargeback Gurus will receive, store, and/or process Personal Data owned and/or controlled by our Customers, including information about their employees, clients, customers, agents, or other individuals. In such cases, Chargeback Gurus is acting as a data processor and will process the personal information on behalf of and under the direction of each Customer. The information collected from Chargeback Gurus’ Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Customer, and as otherwise requested by the Customer.
5. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided herein, Chargeback Gurus discloses Personal Data only to a Third Party who reasonably need to know such data. Such recipients must agree to abide by confidentiality obligations. Chargeback Gurus provides, upon request, Mutual Non-Disclosure Agreements for its Customers, which may be tailored based upon Customer’s individual business needs, to control and limit the disclosure of Customer Personal Data.
Chargeback Gurus may provide Personal Data to a Third Party that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, Chargeback Gurus may store such Personal Data in the facilities operated by a Third Party. Such Third Party must agree to use such Personal Data only for the purposes for which they have been engaged by Chargeback Gurus and they must either: (1) comply with the Privacy Shield principles or another mechanism permitted by the applicable European data protection law(s) for transfers and processing of Personal Data; or (2) agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy. Chargeback Gurus also may disclose Personal Data for other purposes or to another Third Party when a Data Subject has consented to or requested such disclosure. In cases of onward transfer to third parties of data of E.U. or Swiss individuals, received pursuant to the E.U.-U.S. Privacy Shield and Swiss-U.S. Privacy Shield, Chargeback Gurus is potentially liable.
6. DATA INTEGRITY AND SECURITY
Chargeback Gurus uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. Chargeback Gurus has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to Chargeback Gurus' electronic information systems requires user authentication via password or similar means. Chargeback Gurus also employs access restrictions, limiting the scope of Employees who have access to Customer Personal Data. Further, Chargeback Gurus uses secure encryption technology to protect certain categories of Personal Data. Despite these precautions, no data security safeguards can guarantee absolute security all the time, and as such Chargeback Gurus does not make any such guarantee.
8. ACCESSING PERSONAL DATA
Chargeback Gurus personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
9. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
9.1 Right to Access. Data Subjects have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which Chargeback Gurus collected the Personal Data. Data Subjects may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law. Upon reasonable request and as required by the Privacy Shield principles, Chargeback Gurus allows Customers access to their Personal Data, to correct or amend such data where inaccurate. Customers may edit their Personal Data by contacting Chargeback Gurus by phone or email. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Customers should submit a written request of the same. Persons that have submitted their Personal Data to a Chargeback Gurus Customer should contact the Customer in the first instance to update their data.
9.2 Requests for Personal Data. Chargeback Gurus will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If Chargeback Gurus receives a request for access to his/her Personal Data from a Customer's customer, then, unless otherwise required under law or by contract with such Customer, Chargeback Gurus will refer such Data Subject to Customer.
9.3Satisfying Requests for Access, Modifications, and Corrections. Chargeback Gurus will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
10. CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. Chargeback Gurus will make Employees aware of changes to this policy, and will notify Customers if any changes are made that materially affect the way that Personal Data is handled and previously collected, and Chargeback Gurus will allow Customers to choose whether their Personal Data may be used in any materially different manner.
11. QUESTIONS OR COMPLAINTS
Customers may contact Chargeback Gurus with questions or complaints concerning this Policy at the following address: privacy@ChargebackGurus.com
12. ENFORCEMENT AND DISPUTE RESOLUTION
In compliance with the Privacy Shield Principles, Chargeback Gurus commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Chargeback Gurus at:
Office Operations Manager
8951 Collin McKinney Pkwy #1001
McKinney, TX 75070
Phone: (214) 785-9140
We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your EU Personal Data within 45 days of receiving your inquiry or complaint. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit your countries DPA for more information or to file a complaint.
Chargeback Gurus has further committed to refer unresolved Privacy Shield complaints JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.
Under certain conditions, more fully described on the Privacy Shield Website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
With respect to personal information received or transferred pursuant to the Privacy Shield Frameworks, Chargeback Gurus is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Chargeback Gurus may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Capitalized terms in this Policy have the following meanings:
"Customer" means a prospective, current, or former partner (distributor or reseller), vendor, supplier, customer, or client of Chargeback Gurus. The term also shall include any individual agent, employee, representative, customer, or client of a Chargeback Gurus Customer where Chargeback Gurus has obtained his or her Personal Data from such Customer as part of its business relationship with the Customer.
"Data Subject" means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.
"Employee" means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of Chargeback Gurus or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.
"Europe" or "European" refers to a country in the European Economic Area.
"Personal Data" as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual's name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, email address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term "person" includes both a natural person and a legal entity, regardless of the form of the legal entity.
"Third Party" means any individual or entity that is neither Chargeback Gurus nor a Chargeback Gurus employee, agent, contractor, or representative.