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Data Protection and Privacy Policy

Purpose

Bracket is committed to transparency when it comes to its collection and use of personal data. This policy sets out Bracket’s commitment to privacy, data protection, and individual rights and obligations in relation to personal data.

This policy applies to all personally identifiable data and sensitive information of clients, clinical trial participants, vendors, job applicants, employees, contractors, former employees, and visitors to Bracket’s website (such as cookies and internet tags) which is provided to, or collected and processed by Bracket.

Bracket has appointed Thomas Barlow as its Data Protection Officer. His role is to inform and advise Bracket on its data protection obligations. He can be contacted at thomas.barlow@bracketglobal.com. Questions about this policy, or requests for further information, should be directed to the Data Protection Officer.  We self-certify compliance with: EU-U.S. Privacy Shield

This policy may occasionally be updated. When material updates are made, the date of the last revision will be reflected at the end of the page. This page may be bookmarked to facilitate periodic review of this EU-U.S. Privacy Policy and to note recent updates.

Definitions

“Bracket” is Bracket Intermediate Holding Corp. and its successors and subsidiaries.

“controller” is a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

“data subject” is an identified or identifiable natural living person.

“GDPR” is the European Union’s General Data Protection Regulation

“personal data” is any information that relates to a living individual who can be identified from that information.

“processing” is any use that is made of data, including collecting, storing, amending, disclosing or destroying it.

“processor” is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

“special categories of personal data” means information about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and biometric data.

“criminal records data” means information about an individual’s criminal convictions and offences, and information relating to criminal allegations and proceedings.

Data Protection Principles

Bracket processes personal data in accordance with the following data protection principles:

  • Bracket processes personal data fairly, lawfully, and in a transparent manner.
  • Bracket collects personal data only for specified, explicit and legitimate purposes.
  • Bracket processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.
  • Bracket keeps accurate personal data and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.
  • Bracket keeps personal data only for the period necessary for processing.
  • Bracket adopts appropriate measures to make sure that personal data is secure, and protected against unauthorized or unlawful processing, and accidental loss, destruction or damage.

Where Bracket is considered the controller of personal data, Bracket tells individuals the reasons for processing their personal data, how it uses such data and the legal basis for processing in its privacy notices. It will not process personal data of individuals for other reasons. Where Bracket relies on its legitimate interests as the basis for processing data, it will carry out an assessment to ensure that those interests are not overridden by the rights and freedoms of individuals.  Bracket will update personal data promptly if an individual advises that his/her information has changed or is inaccurate.

Where Bracket is considered the processor or sub-processor of personal data, Bracket unconditionally relies on the controller of such personal data to obtain the clear, lawful consent of the data subject.  In such cases, Bracket will only process the personal data in accordance with the applicable laws, rules, regulations, and as specifically directed by the controller.

Personal data gathered during the employment, employee, contractor relationship, is held in the individual’s personnel file, in hard copy or electronic format and on Bracket HR systems. The periods for which Bracket holds such HR-related personal data are contained in its privacy notices to individuals.

Bracket operations and maintenance contractors sometimes have limited access to personal data in the course of providing products or services to Bracket. Access to personal data by these contractors is limited to that which is reasonably necessary for the contractor to perform its limited function for Bracket. Bracket requires its operations and maintenance contractors to: (1) protect the privacy of any personal data consistent with this policy, and (2) not use or disclose personal data for any purpose other than providing Bracket with products and services, as required by law.

Bracket keeps a record of its personal data processing activities in accordance with the requirements of the GDPR.

Individual Rights

As a data subject, individuals have a number of rights in relation to their personal data:

Subject Access Requests

Individuals have the right to know what personal data about them is being controlled and processed by Bracket and to ensure that such personal data is accurate and relevant for the purposes for which Bracket collected it. If an individual makes a reasonable request, Bracket will tell him/her:

  • whether or not his/her data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual;
  • to whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers;
  • for how long his/her personal data is stored (or how that period is decided);
  • his/her rights to rectification or erasure of data, or to restrict or object to processing;
  • his/her right to complain to the Information Commissioner if he/she thinks Bracket has failed to comply with his/her data protection rights; and
  • whether or not Bracket carries out automated decision-making and the logic involved in any such decision-making.

Bracket will also provide the individual with a copy of the personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically, unless he/she agrees otherwise.

If the individual wants additional copies, Bracket may charge a reasonable fee, which will be based on the administrative costs of providing the additional copies.

To make a subject access request, the individual should use Bracket’s contact page (https://www.bracketglobal.com/contact-us/). In some cases, Bracket may need to ask for proof of identification before the request can be processed.  Also, in some cases, Bracket may need to contact the sponsor of the study in which you are participating, if applicable.

Bracket will normally respond to a request within a period of one month from the date it is received. In some cases, such as where Bracket processes large amounts of the individual’s data, it may respond within three months of the date the request is received. Bracket will write to the individual within one month of receiving the original request to tell him/her if this is the case.

If a subject access request is manifestly unfounded or excessive, Bracket is not obliged to comply with it. Alternatively, Bracket can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request. A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which Bracket has already responded. If an individual submits a request that is unfounded or excessive, Bracket will notify him/her that this is the case and whether or not it will respond to it.

Other Rights

Individuals have a number of other rights in relation to their personal data. They can require Bracket to:

  • rectify inaccurate data;
  • stop processing or erase data that is no longer necessary for the purposes of processing;
  • stop processing or erase data if the individual’s interests override Bracket’s legitimate grounds for processing data (where Bracket relies on its legitimate interests as a reason for processing data);
  • stop processing or erase data if processing is unlawful; and
  • stop processing data for a period if data is inaccurate or if there is a dispute about whether or not the individual’s interests override Bracket’s legitimate grounds for processing data.

To ask Bracket to take any of these steps, the individual should use Bracket’s contact page (https://www.bracketglobal.com/contact-us/), or contact a Bracket HR representative, as the case may be.

EU Persons (EU Data Subjects) may complain to their home data protection authority and can invoke binding arbitration for some residual claims not resolved by other redress mechanisms (please see the following for more additional information: https://www.privacyshield.gov/article?id=ANNEX-I-introduction)
If you have a comment or concern that cannot be resolved with us directly, you may also contact the competent local data protection authority.

Data Security

Bracket takes the security of personal data seriously. Bracket has internal policies and controls in place to protect personal data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties. Bracket complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union to the United States. Bracket 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, please visit https://www.privacyshield.gov/.

Where Bracket engages third parties to process personal data on its behalf, such parties do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.

Bracket recognizes potential liability in cases where personal data may be transferred to third parties. Bracket will not transfer any personal data to a third party without first ensuring that the third-party adheres to the Privacy Shield principles or similar laws providing an adequate and equivalent level of protection. Bracket does not transfer personal data to unrelated third parties, unless lawfully directed by a client or another controller, or in certain limited or exceptional circumstances in accordance with the EU-U.S. Privacy Shield Framework. For example, such circumstances would include disclosures of a client’s personal data required by law or legal process, or disclosures made in the vital interest of an identifiable person such as those involving life, health or safety. In the event that Bracket is requested to transfer personal data to an unrelated third party, Bracket will ensure that such party is either subject to the EU-U.S. Privacy Shield Agreement, or subject to similar laws providing an adequate and equivalent level of protection. If neither condition is applicable to the unrelated third party, Bracket will enter into a written agreement with the third party requiring them to provide protections consistent with the EU-U.S. Privacy Shield Framework and this policy. Should Bracket learn that an unrelated third party which received personal data from Bracket is using or disclosing personal data in a manner contrary to this policy, Bracket will take reasonable steps to prevent or stop the use or disclosure.

Impact Assessments

Some of the processing that Bracket carries out may result in risks to privacy. Where processing would result in a high risk to individual’s rights and freedoms, Bracket will carry out a data protection impact assessment to determine the necessity and proportionality of processing. This will include considering the purposes for which the activity is carried out, the risks for individuals and the measures that can be put in place to mitigate those risks.

Data Breaches

If Bracket discovers that there has been a breach of personal data that poses a risk to the rights and freedoms of individuals, it will report it to the Information Commissioner within 72 hours of discovery. Bracket will record all data breaches regardless of their effect.

If the breach is likely to result in a high risk to the rights and freedoms of individuals, it will tell affected individuals that there has been a breach and provide them with information about its likely consequences and the mitigation measures it has taken.

International Data Transfers

Personal data may be transferred to countries outside the EEA.  Bracket complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union to the United States. Bracket 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 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, please visit https://www.privacyshield.gov/.  Further, Bracket is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Bracket assures compliance with this policy and the EU-U.S. Privacy Shield Framework by fully investigating and attempting to resolve any complaint or dispute regarding the use and disclosure of personal data in violation of this policy.

In compliance with the Privacy Shield Principles, Bracket commits to resolve complaints about our collection or use of personal data. EU individuals with inquiries or complaints regarding our Private Shield policy should first contact Bracket at:

Thomas Barlow
Associate Vice President, Total Quality Management
Bracket
1150 Northbrook Drive
Trevose, PA 19053
Phone: +1 215-504-7855
Email: thomas.barlow@BracketGlobal.com

Bracket has further committed to refer unresolved Privacy Shield complaints to the American Arbitration Association/International Centre for Dispute Resolution, 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 contact or visit http://go.adr.org/privacyshield.html for more information or to file a complaint. The services of the American Arbitration Association/International Centre for Dispute Resolution are provided at no cost to you.

Bracket Employee Responsibilities

Bracket employees may have access to the personal data of other individuals and of our customers and clients in the course of their employment.  Where this is the case, Bracket relies on individuals to help meet its data protection obligations to staff and to customers and clients.

Employees who have access to personal data are required:

  • to access only data that they have authority to access and only for authorized purposes;
  • not to disclose data except to individuals whether inside or outside Bracket who have appropriate authorization;
  • to keep data secure for example by complying with rules on access to premises, computer access, including password protection, and secure file storage and destruction;
  • not to remove personal data, or devices containing or that can be used to access personal data, from Bracket premises without adopting appropriate security measures such as encryption or password protection to secure the data and the device;
  • not to store personal data on local drives or on personal devices that are used for work purposes; and
  • to report data breaches of which they become aware to Thomas Barlow, thomas.barlow@bracketglobal.com the data protection officer immediately.

Failing to observe these requirements may amount to a disciplinary offence, which will be dealt with under Bracket’s disciplinary policies and procedures.

Bracket will provide training to all employees about their data protection responsibilities as part of the induction process and at regular intervals thereafter.

Employees whose roles require regular access to personal data, or who are responsible for implementing this policy or responding to subject access requests under this policy, will receive additional training to help them understand their duties and how to comply with them.

Internet Privacy

Bracket may collect personal data through its website and visitors’ interactions with elements of its website, which are also subject to this policy.  Such personal data can be collected when an individual submits his or her name and/or address. Bracket can also collect information about visits to the Bracket website without an individual actively submitting information through various automated digital means, such as cookies and internet tags. Although the information collected by such automated digital means does not directly identify specific individuals, internet web browsers automatically transmit information to the Bracket website regarding the software a user’s computer is operating, such as IP address and browser version. Information collected by these technologies cannot be used to identify individuals without additional identifiable information.

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