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The Data ACQuisition SystemTM
Privacy Policy

DACQS LLC ("DACQS") is a software as a service (SaaS) provider that enables its customers (“Clients”) to manage the process of creating and sending web-based evaluations and to process, generate, and download reports based on Participant data.

The data acquired through the DACQS platform (the “Platform”), is the Client’s data. All created evaluations, the Participant data, and the generated reports DACQS delivers to the Client through the DACQS platform belongs to the Client.

This Privacy Policy applies only to information collected on the DACQS website at the URL https://www.dacqs.com (the "Website") and the DACQS platform. The use of Information collected through the DACQS platform shall be limited to the purpose of providing the service for which you, the Client, has engaged DACQS. Please email DACQS at privacy@dacqs.com. If you have any question about this privacy policy

1.1. Information DACQS Gathers

DACQS gathers information (hereinafter “Information”) about you as our Client and the Participants who participate in, or are invited to participate in, any of your evaluations.

DACQS requires Clients to provide contact information (e.g. company name, name of contact, title of contact, company address, telephone number, email address, billing information, etc). Clients also provide DACQS with Information regarding the services they desire (e.g., training package, domain package, etc). In addition to the Information Clients knowingly provide, DACQS tracks how Clients are using the platform (e.g. user, date, time, action performed, etc).

DACQS receives Participant Information from both Clients and evaluation Participants. The Client enters Participant Information into the DACQS platform (e.g. name, email address, organization, etc). Evaluation Participants enter the Information requested by the Client into the DACQS platform (e.g. answers to the evaluation questions that you, the Client, create). Clients are solely responsible for the content of their evaluations; DACQS does not control the questions asked in any evaluation. In addition to the Information Participants knowingly provide, DACQS tracks how Participants are using the platform (e.g. user, date, time, action performed, evaluation visits, evaluation submission, etc).

Client and Participant IP addresses may be logged by DACQS for system administration purposes (e.g. tracking user sessions, etc).

DACQS receives Participant Information under the direction of the Client, whom has control over the data, through the DACQS platform. DACQS has no direct relationship with the Participant whose Information the DACQS platform processes. If a Participant desires access to correct, change, or remove inaccurate data the Participant should direct requests to the Client. DACQS will respond to Client requests regarding its Participant queries within 30 days. DACQS will help the Client to communicate to its Participant with explanation as for the purpose of personal data collection, as well as correct, change, or remove inaccurate Participant information when appropriate.

1.2. Cookies

DACQS uses cookies to allow the Client to log into their account, to prevent the need to re-enter usernames and passwords as Clients move from one page of the DACQS platform to another, and other functions specifcially needed for the DACQS platform to work correctly. DACQS does NOT use cookies to track Client or Participant browsing history or push ads to Clients or Participants in any way. When cookies are used, DACQS does NOT share these cookies with any third-party organizations.

By using this site and/or the DACQS platform, Clients and Participants agree to and consent to the use of these cookies as described.

2. DACQS Use of Information

DACQS uses Client Information for business purposes (e.g. technical support, billing, mutual business, etc). DACQS may also use Client Information to provide policy or product updates or to introduce new products and services. If the Client does not want to receive promotional emails from DACQS, they may follow the unsubscribe instructions that are included in each promotional email.

DACQS will send service-related announcements if it is necessary (e.g. the DACQS platform is temporarily suspended for maintenance). Generally, Clients may not unsubscribe from these communications, which are not promotional in nature.

Through the DACQS platform, the Client uses the Participant Information (e.g. name, email address, organization, etc) to send evaluation invitations and reminders. DACQS also uses Participant Information to improve the performance of the DACQS platform by resolving disputes, addressing complaints, analyzing site and user behavior, troubleshooting technical issues, and verifying compliance with the Terms of Service.

If DACQS intends to use any Information in a manner that does not fall under this Privacy Policy, DACQS will provide notice of how it intends to use that Information as DACQS gathers it.

DACQS will offer EU and Swiss individuals whose personal information has been transferred to DACQS the opportunity to choose whether the personal information it has received is to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. An individual may opt-out of such uses of their personal information by contacting DACQS at privacy@dacqs.com.

DACQS adheres to the Privacy Shield Principles.

Individuals may have the right to limit the use and disclosure of their personal information as required by the Privacy Shield’s Principles, such as whether their personal information is disclosed to a third party or used for purposes materially different from the purpose for which the personal information was originally collected or subsequently authorized by the individual.

If the individual wishes to limit the use and disclosure of personal information in accordance with the Privacy Shield Principles, please contact DACQS at privacy@dacqs.com.

Client Vs Participants

DACQS gathers information for our Clients. Please contact the Client directly, if you are a participant of a DACQS Client and do not want to be contacted by the Client that uses the DACQS platform. If you are a DACQS Client and would like to update your account, please contact DACQS directly.

Retaining Information

DACQS will retain Client and Participant Information the DACQS platform processes on behalf of its Clients and data gathered from Clients directly for as long as is needed to provide services to the Client. DACQS will retain and use this Information as necessary to comply with legal obligations, resolve disputes, and enforce agreements.

In accordance with the General Data Protection Regulation law in the European Union effective May 25, 2018, Clients and Participants can request a copy of what personal data DACQS has about you, if any, as well as request DACQS to delete what personal data DACQS has about you, if any, by contacting DACQS via email at privacy@dacqs.com.

Websites

The DACQS Website and the DACQS platform may include links to other sites that are not owned or controlled by DACQS. Please be aware that DACQS is not responsible for the content or privacy practices of other sites.

3. DACQS Information Sharing

DACQS does not share Information with any third parties except for the following:

a. DACQS provides the DACQS platform that allows the Client to carry out evaluations with their Participants. DACQS provides the Client access to the Participant Information gathered from the evaluations conducted by the Client. The Client may use the Participant Information consistent with the Client’s own privacy policy and applicable law.

b. DACQS may share or use Client Information permitted by the Client. DACQS may share or use Participant Information permitted by the Client and the Participant. For example, within an evaluation, Clients may wish to make their contact information available to Participants.

c. DACQS may share Client Information with other companies who provide DACQS with technical and other types of services, such as credit card processing. Only Information that is needed for them to provide their service will be used. Subsequent third party transfers are covered by the DACQS contract between DACQS and the Client.

DACQS shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless DACQS proves that it is not responsible for the event giving rise to the damage.

In the context of an onward transfer,DACQS has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. DACQS shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.

d. DACQS may share Client and Participant Information in response to subpoenas, court orders, or legal process, or to establish or exercise its legal rights or defend against legal claims. DACQS may also share Client and Participant Information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the DACQS terms of use, or as otherwise required by law. DACQS and its Clients may be subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission, or any other U.S. authorized statutory body, relating to the use and disclosure of Information under the Privacy Shield Framework.

e. DACQS may share Information with its related companies when acquiring or merging with another company or attempting to or considering merging with or acquiring another company. DACQS will notify clients if its Information becomes subject to a different privacy policy.

4. Modified Information

Client Information and certain Participant Information may be viewed and changed in the DACQS platform. The modified Client Information and Participant Information may remain in backup for a given length of time. Once a Participant has submitted an evaluation, the Participant will be able to modify certain Participant Information until the close of the evaluation reporting period.

5. Protecting Information

The DACQS platform employs industry security measures to protect Client Information and Participant Information. Unique email addresses and passwords are required by the Client to access the DACQS platform. The DACQS platform is hosted in a secure server environment that uses security technology to reasonably prevent access from outside intruders. Internally, DACQS uses security logs, trains employees, and limits access to essential personnel only. The DACQS platform encrypts Client Information and Participant Information when transmitting as well as certain Client Information and Participant Information when at rest.

No technology or process is a guarantee of security. Contact DACQS at privacy@dacqs.com if a security breach or compromise is suspected.

6. Privacy Policy Changes

DACQS is continually improving services and expanding its business. DACQS retains the right to modify this privacy policy at any time. In the event of a privacy policy change, DACQS will announce the changes and post the new policy on its website.

Client Information and Participant Information collected after the new policy is posted will be used in compliance with the new policy. Client Information and Participant Information gathered under the old policy will continue to be used in compliance with that policy.

7. Dispute Resolution and Recourse

DACQS adheres to the Privacy Shield Principles.

Clients or Participants may, under certain circumstances, invoke binding arbitration for dispute resolution. Such arbitration recourse is covered below under EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield.

EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

DACQS complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom, and Switzerland to the United States in reliance on Privacy Shield. DACQS has certified to the Department of Commerce that it adheres to the Privacy Shield Principles with respect to such information. To learn more about the Privacy Shield program, visit https://www.privacyshield.gov. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To view the DACQS certification, visit https://www.privacyshield.gov/list.

If our Clients require compliance with the EU-U.S. Privacy Shield Framework or the Swiss U.S. Privacy Shield Framework, the following alternative dispute resolution process relating to privacy complaints and final resolutions will be used by DACQS. In particular, this dispute resolution process includes having the client submit the complaint through an arbitration panel of the independent dispute resolution body designated to address complaints and provide appropriate recourse, free of charge, to the individual, in accordance with the EU data protection authorities (“DPAs”), and the Swiss Federal Data Protection and Information Commissioner (“FDPIC”).

DACQS aim is to resolve complaints regarding Client and Participant personal information. EU and Swiss individuals with inquiries or complaints regarding this Privacy Shield policy should first contact privacy@dacqs.com, or via mail:

4616 Sienna Hills Place
Saint Louis, Missouri 63128

In order to request arbitration under the Framework, the injured party must: (1) request that DACQS be given an opportunity to resolve the issue within the timeframe set forth in Section III.11(d)(i) of the Privacy Shield’s Principles before requesting arbitration under the Framework; (2) then, utilize the independent recourse mechanism under the Principles, which is free for the individual; and if any unresolved issue(s); (3) raise the unresolved issue(s) through their Data Protection Authority to the Department of Commerce and give the Department of Commerce an opportunity to resolve the issue within the timeframes set forth in the Letter from the International Trade Administration of the Department of Commerce, which is free for the individual.

Keep in mind that DACQS may be required to share personal information in response to lawful requests by public authorities, including information necessary for national security or law enforcement requirements.

8. Questions

If you have questions about the DACQS Privacy Policy or the DACQS Website or the DACQS platform, contact DACQS at privacy@dacqs.com, or via mail:

4616 Sienna Hills Place
Saint Louis, Missouri 63128

Last Updated: 2020-01-31

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