PERT Survey Research
SAFE HARBOR PRIVACY POLICY STATEMENT

PERT Survey Research is a quality oriented, full service, custom market research firm providing actionable results in a cost efficient and timely manner.  As such, we believe that our survey respondents are key to our overall success.  For this reason, PERT prides itself not only on its customer focus, but also on its efforts to protect the privacy of our respondents.  We pledge that in obtaining your assistance with any of our business related activities that we will not mislead you about the nature of our research methods or the use of any information provided by you.  We adhere to all legal and ethical standards of conduct for market research firms and are active members of ESOMAR, CASRO & MRA, renowned professional and governing organizations for professionals in the market research industry.  We further promise that when collecting personal information in conjunction with our client research requests, that we will use the information solely for that purpose.

Information We May Collect About You
PERT Survey Research collects personal data for either surveys or other marketing related activities.  This Privacy Statement applies only to personal data (as defined below) that PERT Survey Research receives from the European Union (EU).  PERT Survey Research adheres to the Safe Harbor Agreement concerning the transfer of personal data from the EU to the United States.  Accordingly, PERT follows the Safe Harbor Principles published by the U.S. Department of Commerce with respect to all such data, and this Statement complies with such Principles.  Compliance with the Principles may be limited, however, in certain cases to the extent necessary to meet national security, public interest or law enforcement requirements.  All PERT employees with access to personal data are obligated to familiarize themselves and comply with the provisions of this Statement.

Surveys
In terms of our market surveys, PERT Survey Research processes, on behalf of our clients, personal data that has been collected by or on behalf of our clients.  “Personal Data” is defined as information / data that is (a) transferred to the U.S. from the EU, (b) is about, or relates to, an identified or identifiable individual, (c) can be linked to that individual, and (d) is recorded.  Personal data may include, among other things, an individual’s name, address, phone number, e-mail address, or social security, national health insurance or an equivalent number.  For further clarity, the term “personal data” does not include data that pertains to a specific individual, but from which that individual cannot reasonably be identified.  Unless otherwise indicated, references herein to personal data include sensitive personal data (as defined below).  Sensitive personal data is a subset of personal data that indicates an individual’s medical or health condition, racial or ethnic origin, political opinions, religion, union membership, sexual orientation, or actual or alleged criminal activity. 

Under the United States / European Union Data Protection Safe Harbor Arrangement, PERT Survey Research acts as a Data Processor and each PERT Client acts as a Data Controller.  For the purposes of the Safe Harbor and Privacy Statement:  a “Data Processor” is an entity that processes Personal Data on behalf of a Data Controller; a “Data Controller” is an entity that determines the purposes for which Personal Data are processed.  To “process” Personal Data means to carry out an operation or set of operations on such Personal Data, such as collecting, recording, storing, disclosing, or organizing it.  The “Data Subject” means the person to whom a certain set of Personal Data relate; for example, the person who responds to a survey.

As a Data Processor, PERT Survey Research will only process Personal Data pursuant to the instructions of the applicable Client.  PERT may use the services of third party Data Processors to process Personal Data in accordance with purposes identified for such Personal Data by the applicable Client.  PERT Survey Research will not use or share, either within PERT or with a third party, any information collected, for our own direct marketing purposes or our service providers.

How Your Information May Be Used:  Surveys
Respondents are adequately informed about the nature of the survey (who is conducting it, how the information will be used, etc.) and understand that their cooperation is entirely voluntary and agree to participate on this basis. 

Your information may be stored and processed in the United States or any other country in which PERT Survey Research maintains facilities.  By participating in a survey, you consent to any such transfer of information outside of your county.  PERT Survey Research abides by the Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European Union.

 

Notice
PERT Survey Research collects personal data from and about individuals for use generally in connection with the operation of its business.  Such personal data may be used by PERT to provide market research services to its clients.

PERT Survey Research may disclose personal data to third parties when such disclosure is necessary or appropriate for PERT’s provision of such services to its clients or otherwise for PERT’s operation of its business. 

When PERT Survey Research receives personal data from the EU merely for processing purposes and does not control the collection of the personal data, PERT may not provide notification of this Statement to the individuals to which such personal data relates.  In such event, PERT reserves the right to process personal data in the course of providing services to its clients without the knowledge of the individuals involved.

Choice
As part of our market research process, all PERT Survey Research questionnaires provide respondents with the following informational statements related to personal data:

1. “These last few questions are just to divide our interviews into groups, no one interview is looked at individually” and

2. “Finally, here are a few questions for classification purposes.  Please be assured that your responses will be kept in the strictest confidence.”

If a respondent chooses not to provide personal information, they are automatically “termed” out of the study; the choice to provide such information is purely voluntary. 

In addition, we review and communicate results to clients in a consolidated format and as such, no one individual’s personal info is ever reported separately. 

Any personal address information collected by respondents is used by PERT Survey Research only to validate the identity of the respondent who has agreed to participate in the study.

When PERT Survey Research receives personal data from the EU merely for processing purposes and does not control the collection of the personal data, PERT may not provide such choices to the individuals to whom such personal data relates.  In such event, PERT reserves the right to process personal data in the course of providing services to its clients without the knowledge of the individuals involved.

Onward Transfer to Third Parties
PERT would only disclose personal data to a 3rd party if (a) PERT has received the applicable individual’s permission to make the disclosure, (b) the disclosure is required by law, (c) the disclosure is reasonably related to the sale or disposition of all or part of PERT’s business, (d) the information in question is publicly available, and/or (e) the disclosure is reasonably necessary for the establishment of a legal claim.

Additionally, PERT Survey Research may disclose personal data to a third party if the disclosure is to a PERT affiliate or to persons or entities providing services on behalf of PERT, a PERT client, or the individual (each a transferee), consistent with the purpose for which the information was obtained, if the transferee, with respect to the data in question (a) is subject to law providing an adequate level of privacy protection including, without limitation, transferees that are located within the EU or transferees that are otherwise subject to an “adequacy” finding, (b) has agreed in writing to provide an adequate level of privacy protection, and/or (c) subscribes to the Principles.

Security
PERT Survey Research takes reasonable precautions to protect personal data from loss, misuse, tampering, destruction and unauthorized access.  These precautions include password protections for on-line information systems, restricted access to employee personal data within the Human Resources Department, and other measures implemented by PERT Survey Research.

Data Integrity
PERT Survey Research takes reasonable steps to ensure that personal data is accurate, complete, current and relevant for the purposes for which it was collected.

Access
Upon request, PERT Survey Research will permit respondents to access any personal data submitted as part of our research study process.  The individual may need to provide specific identifiable information to include, but not limited to, name, address, birth date or social security number.  Such access may be denied or limited by PERT Survey Research, however, if providing such access is unreasonably burdensome, time consuming or would result in significant and/or unreasonable monetary cost.

Enforcement
PERT Survey Research has a Privacy Administrator who is responsible for the internal supervision of PERT’s privacy policies.  PERT Survey Research educates its employees about compliance with the Safe Harbor Principles and has self-assessment procedures in place to ensure its compliance.    The following is actual language taken from the PERT Online Policy Manual that is accessible by all employees through the PERT Intranet site:

PERT Safe Harbor Certification Policy Statement
Given our client relationships, which extend into the European Union, we have developed and implemented a formal Safe Harbor Certification Policy Statement, the purpose of which is to confirm our compliance with the regulations established by the EU to protect individuals with respect to the “processing” of personal information as well as to ensure the free movement of personal information within the EU through the coordination of national laws. 
The Safe Harbor Policy is posted on both our PERT website (www.pertsurvey.com) and the PERT Intranet site.  As an employee of PERT Survey Research, you are responsible for reading the contents of the Safe Harbor Policy Statement in order to familiarize yourself with the regulations, including the method of handling formal complaints.  In addition, as an employee of PERT Survey Research, you are required to abide by the terms of the policy at all times during your employment.  An employee who is found to be in violation of the policy will be subject to appropriate disciplinary action, up to and including termination of employment.

As stated in the Safe Harbor Policy Statement, PERT conforms to all Safe Harbor Principles required by the EU.  The PERT Privacy Administrator is the internal individual who is responsible for ensuring the ongoing administration and maintenance of the PERT Safe Harbor Certification Policy Statement.  The Privacy Administrator also conducts regular self-assessment reviews to ensure full compliance with the Principles.  Each assessment is a formal document which outlines any reported violations and the subsequent follow-up to address and resolve such complaints.  Self-Assessment documents are signed by a corporate officer of PERT Survey Research and are available upon request by individuals or in the context of an investigation or a complaint about non-compliance. 

If you believe that PERT Survey Research is not complying with the Safe Harbor principles or this policy, contact our company by mail, email, fax or telephone at:

PERT Survey Research
522 Cottage Grove Rd.
Bloomfield, CT  06002
(860) 242-2005
(800) 873-7811
(860) 242-2708 (fax)
euprivacy@pertsurvey.com

In addition, we have partnered with BBBOnline (Council of Better Business Bureaus, Inc) as our third party dispute resolution service for EU Safe Harbor complaints.  In the event that you have filed an EU Safe Harbor complaint and do not feel that you have received appropriate resolution from PERT Survey Research, you may raise your complaint with BBBOnline by contacting them directly:

Council of Better Business Bureaus, Inc.
Internet:  http://www.bbbonline.org
4200 Wilson Blvd., Suite 800
Arlington, VA  22203
(703) 247-9328
eusafeharbor@council.bbb.org

Modification & Amendment
PERT Survey Research may modify or amend this Statement from time to time by posting a revised Statement on the web at www.pertsurvey.com.  If PERT Survey Research amends this Statement, the new statement will apply to personal data previously collected only in so far as the rights of the individuals affected are not reduced.  So long as PERT adheres to the Safe Harbor Agreement, PERT will not amend this Statement in a manner inconsistent with the Principles.

Other PERT Survey Research Policies
This Statement is subject to other policies and procedures implemented by PERT Survey Research.  For instance, if another PERT policy or procedure grants broader rights to the Company relating to the collection, handling or disclosure of personal data, the Company may exercise those broader rights.