Privacy Statement

Opus Global Inc., and Alacra, LLC, Website Privacy Statement

Effective May 1, 2019

Topics

GENERAL PROVISIONS

PROVISIONS APPLICABLE TO INDIVIDUALS IN THE EU/EEA AND SWITZERLAND

  • EU/EEA/Swiss Definitions
  • Notice to Individuals Located in the EU/EEA and Switzerland
  • EU/EEA/Swiss Personal Data Opus and ALACRA Collects
  • EU/EEA/Swiss Data Protection Principles
  • Legal Basis of Processing Personal Data
  • EU/EEA/Swiss Personal Data Transfers to Independent Third Parties
  • How Long Opus and ALACRA Keeps EU/EEA/Swiss Personal Data
  • EU/EEA/Swiss Personal Data Rights including under the GDPR
  • Personal Data Access
  • Exercising your Personal Data Access Rights
  • Other EU/EEA/Swiss Personal Data Rights

OTHER EU/EEA and SWISS PROVISIONS

  • International Transfers of Personal Information
  • EU-US and Swiss-US Privacy Shield Frameworks

GENERAL PROVISIONS

Introduction

This Web Site Privacy Statement (“Privacy Statement”) tells our visitors and users (“You”) about the information that Opus Global Inc, and our affiliate Alacra, LLC (“ALACRA ”, ”We”, “Our”, “Us”) collects and processes through our websites, www. Opus.com,  www.alacra.com, www.alacrastore.com,pulse.alacra.com, www.researchrecap.com, www.alacrawiki.com and www.alacrablog.com (the “Sites).

Who are we?

Opus and its affiliate ALACRA, is the leading provider of know your customer (KYC) technology and data solutions. It was founded on a simple premise: that faster, better decisions in compliance and risk management give businesses an extraordinary advantage in the marketplace. Today, the world’s largest financial institutions rely on Opus and ALACRA to free their business from the complexity of managing their KYC, Anti-Money Laundering (AML), entity data, regulatory reporting and compliance risks.

Should you have any questions or concerns about Opus’ or ALACRA’s privacy practices, please contact privacy@opus.com.

Opus’ and ALACRA’s Commitment to Privacy

Opus and ALACRA are committed to protecting your privacy. This Privacy Statement explains the privacy and data protection policies of Opus and ALACRA and describes, among other things, how Opus and ALACRA collects, uses, handles and discloses personal information/data about you.

Personal Information/Data Opus and ALACRA Collects and Receives

For the purposes of this Privacy Statement, “personal information” means any information that, by itself, can identify you or can be combined with other information to identify you and for the purposes of the EU General Data Protection Regulation includes “personal data”.

Opus and ALACRA Websites

Opus affiliate ALACRA operates various world wide websites, including, but not limited to, www.alacra.com, www.alacrastore.com,pulse.alacra.com, www.researchrecap.com, www.alacrawiki.com and www.alacrablog.com (the “Site(s)”), which enable individuals to access, purchase and/or download business information and data. When you browse or access an ALACRA Site, Opus and ALACRA may collect the following types of personal information or data about you:

  • Information you provide to ALACRA, including personal information/data, when you register or make an online order; inquire about ALACRA products or business development opportunities; request ALACRA sales, support or other services; subscribe to an ALACRA service; choose to receive e-mail, information or other alerts from ALACRA; or send us e-mail messages. As a result of these actions, you supply us with your name, mailing address, company name, e-mail address, job title; business telephone number, facsimile number, credit card information and anything else you choose to include in an e-mail message to our customer service department, along with your questions and/or comments you submit along with this information.
  • Personal information/data collected automatically including through the use of “internet cookies and online tracking technologies” described below, such as your  IP addresses and/or device ID, date and time of your visits, and the web pages you visit when browsing an ALACRA Site; and
  • Non personally-identifiable information, such as the number of website visitors to ALACRA sites per week or per web page.

Internet Cookies and On-Line Tracking Technologies In General

“Cookies” are small text files that store information about your visits to Opus’s and ALACRA’s websites. Cookies can make it easier to use an Opus or ALACRA site by allowing computer servers to access certain information quickly. Note that if you configure your browser to reject cookies, you might not be able to access important functions or areas of an Opus or ALCRA Site or enjoy certain conveniences at a Site. More information about cookies and internet tracking technologies Opus and ALACRA use is on Opus and ALACRA’s Website Cookie and Tracking Technologies Information Page.

Children Under The Age of 16

The Opus and ALACRA Sites are not directed to children. Opus and ALACRA do not knowingly collect personal  information/data about children under the age of sixteen (16).

ALACRA Services

ALACRA also provides professional services to business clients (the “Services”). Some of these services occasionally require that ALACRA, pursuant to a contract with its business clients, process ALACRA clients’ personal information/data for the purpose of providing  the contracted services. The client personal information/data processed by ALACRA may include personal information/data about an ALACRA client’s customers or other individuals. This information is collected, supplied and/or controlled by ALACRA’s business clients, not by ALACRA. ALACRA’s business clients, and not ALACRA, are responsible for providing or maintaining the accuracy or completeness of the data or information provided to ALACRA as part of its contract with ALACRA.  It is the responsibility of ALACRA’s business clients to provide any required data privacy/protection notices to you. If you need help finding contact information for an ALACRA business client’s privacy office, please contact ALACRA at privacy@opus.com

How Opus and ALACRA Use Personal Information/Data

Opus and ALACRA Websites

Opus and ALACRA uses personal information/data collected online in the following ways:

  • For personal information/data you provide online, either directly through our Sites or through e-mail messages, relating to the purchase, download or ordering of products, or requests for support or services, we use the information to engage in and process transactions with you, respond to your inquiries and requests, provide customer service activities, and ask you to participate in a survey.
  • For personal information/data you provide online, including actions or clicks from hyperlinks, we use the information to notify you of relevant new products, to notify you of promotional activities, and to analyze and notify you of products most appropriate for you by customizing future communications and web pages in accordance with communication preferences you have established with Opus and/or ALACRA.
  • For some personal information/data you provide online, we use the information for in-house research, for marketing, and to improve our understanding of customer needs and product development, and aid strategic development. All results of such research and analysis will by anonymized or aggregated.
  • For some registration, e-mail and use data you provide, we may direct you to particular web pages, customize the web pages you see, or otherwise increase the relevance of the information you receive.
  • For information about web pages visited, page hits per week, and the like, we use this information internally to improve the design of our web pages.
  • For information submitted using Opus’ or ALACRA’s online job application process, we may use and disseminate this information internally as necessary to consider your application and to contact you regarding your application.
  • When you visit an Opus or ALACRA Site, you always have a choice as to whether you wish to provide your personal information/data to Opus or ALACRA. By choosing not to provide your personal information/data, you can “opt out” of having any such information (i) disclosed by Opus or ALACRA to a non-agent third party; or (ii) used by Opus or ALACRA for a purpose other than the purpose for which it was originally collected or subsequently authorized by you. Please note, however, that if you choose not to provide certain personal information/data to Opus or ALACRA, you may be prevented from making a purchase or taking advantage of other features and benefits of an Opus or ALACRA Site.

Email Marketing Communications

If you wish to subscribe to Opus or ALACRA newsletter(s), we will use your name and email address to send the newsletter to you.

Opus and ALACRA protects its email address lists, data and other Personal Information used in email marketing correspondence with the same reasonable practices it uses to protect Personal Information collected though its websites. If you receive a marketing email from Opus or ALACRA you are someone who has either:

  1. Expressly shared your email address to receive information about our products or services (“opt-in”) or
  2. Provided your email address to us through an existing customer or other business relationship.

Opus and ALACRA marketing emails are sent with an automatic unsubscribe option if you would like to stop receiving emails from us. However, if you have an account with Opus or ALACRA, we retain the right to contact you via email regarding the status of your account.

When we send marketing emails, Opus and/or ALACRA sometimes tracks who has opened or clicked through the email contents. We track this information to measure interest in a subject, monitor an email campaign’s performance or better understand user trends so we can improve our website and customer experience.

We would like to send you information about Opus and ALACRA products and services and our business partners that you may be interested in. If you have consented to receive marketing messages from Opus or ALACRA or our business partners, you may opt-out at any time by clicking on the unsubscribe button on the bottom of our email.

If you no longer want to be contacted by Opus about our other products and services, please visit the Opus and ALACRA Communication Preferences webpage.

If you no longer want to be contacted by ALACRA about our other products and services, please visit Opus and ALACRA Communication Preferences webpage.

If you no longer want to be contacted by Opus’ business partners about their products and services, please visit the Opus and ALACRA Communication Preferences webpage.

If you no longer want to be contacted by ALACRA’s business partners about their products and services, please visit the Opus and ALACRA Communication Preferences webpage.

You may also request to be removed from an Opus and/or ALACRA e-mail list by sending a request to privacy@alacra.com.

Because Opus and ALACRA plans our communications in advance, it may take several weeks for your opt-out request to take effect. If you continue to receive marketing messages from Opus, ALACRA or our affiliates or business partners after you opt-out, please contact us at privacy@opus.com so that we can investigate the situation.

ALACRA Services

When ALACRA receives personal information/data, including personal information/data of individuals in connection with Services it provides to its business clients, ALACRA processes such personal information/data solely in accordance with the applicable contract and solely on behalf, and for the benefit, of that business client. ALACRA does not in any manner access or use any information or data, including personal information/data of individuals, it processes pursuant to such contracts with its business clients as part of its own business. Further, ALACRA does not inform individuals about the purposes for which their personal information is collected and used by ALACRA’s business clients.  It is the responsibility of ALACRA’s business clients to provide any required data privacy/protection notices to you. If you need help finding contact information for an ALACRA business client’s privacy office, please contact ALACRA at privacy@opus.com

How and When Opus and ALACRA Share Personal Information/Data

Opus and/or ALACRA will not rent, sell or otherwise disclose personal information/data to other people or companies, except under the following circumstances:

  • Opus and ALACRA may share your personal information/data for business purposes only on a need-to-know basis and only with: (i) our own employees; (ii) business partners; (iii) Opus and/or ALACRA subcontractors, consultants, and third-party service provider companies that have agreed to safeguard personal information/data in ways similar to the ways that Opus and/or ALACRA safeguards personal information/data  and that have signed confidentiality agreements with Opus and/or ALACRA; and (iv) other entities authorized to have access to such information under applicable laws or regulations. Opus and ALACRA do not share non-public personal  information/data with third-parties for third-party marketing purposes without you explicit consent;
  • Opus and/ or ALACRA may also disclose your personal information:
    • as required by law, such as to comply with a subpoena, or similar legal process;
    • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
    • to any other third party with your prior consent to do so;
    • to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
    • if Opus and/or ALACRA is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Opus’ and ALACRA’s Commitment to Data Security

The security of your personal information/data and our Clients’ and Third Parties’ information is important to us. When you enter sensitive information (such as login credentials) we encrypt the transmission of that information using secure socket layer technology (SSL).

Opus and ALACRA follows generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web sites, you can contact privacy@opus.com.

“Phishing” is a scam designed to steal your Personal Information. If you receive an e-mail that looks like it is from Opus or ALACRA asking you for Personal Information about you, please contact us at privacy@opus.com

While Opus and ALACRA are diligent about user security on our Sites, no data security technique is 100% secure, so Opus and ALACRA cannot guarantee that your Personal Information will never be accessed used or disclosed. If you have questions about our internet, personal data, or information policies, please contact us.

Other Websites and Social Media

Opus and ALACRA’s Sites contains links to third party websites including the websites of Opus and/or ALACRA’s partner companies. This Privacy Statement only applies to Opus and ALACRA’s Sites.  Opus and ALACRA take no responsibility for the content or information practices of other websites. If you submit personal information to any other sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Website you visit.

Opus and ALACRA Sites and communications may contain links to social media websites such as Facebook, LinkedIn, Twitter, etc., and social media features, such as the Facebook “Like” and “Share” buttons. Social media sites and features may collect and use Personal Information from you. We have no control over and are not responsible for the privacy practices, policies, or content of any Social Media websites or features, even if you link to them from, or use them on, Opus or ALACRA’s Sites.

Please review Facebook’s privacy policy at https://www.facebook.com/about/privacy/update .

Please review LinkedIn’s privacy policy at https://www.linkedin.com/legal/privacy-policy .

Please review Twitter’s privacy policy at https://twitter.com/privacy.

Please review Instagram’s Privacy Policy at https://help.instagram.com/519522125107875.

Please review Pinterist’s Privacy Policy as https://policy.pinterest.com/en/privacy-policy.

Opus and/or ALACRA are not responsible for information, content, and/or the privacy practices of Third Parties operating websites that may link to Opus’ or ALACRA’s Sites. The inclusion of a link on any Opus or ALACRA Site does not imply endorsement of the linked site by Opus or ALACRA or by our business partners.

LinkedIn and Job-Search Websites

You can apply for a job at Opus and or ALACRA using LinkedIn and other job-search websites. Those websites will verify your identity, give you the option to share Personal Information (such as your name and email address) with us, and auto-fill our job application signup form.

Internet Blogs/Community Forums

Opus and ALACRA Sites offer public blogs and/or community forums. You should be aware that any information, including Personal Information, you share or post on those blogs or in those forums may be read, collected, and/or used by other who can access them. We are not responsible for the results of your blog or forum postings.

How You Can Access or Correct Your Information

If you have created an online profile with ALACRA through one of our Sites, and your personal information changes or if you no longer desire our Services you can update, correct, and/or amend your profile or contact information by accessing your account.

You can also request access to your personal information/data that Opus and/or ALACRA collects online and maintains, and update or correct that information, through e-mailing privacy@opus.com with the subject line heading of “Privacy Policy Request.” You can also ask to have it removed from an Opus or ALACRA public forum or Blog, or deactivate it by emailing privacy@opus.com or by contacting us by telephone or postal mail at the contact information listed below.

To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections. We may keep information in an off-line form, for archival purposes or as otherwise required by law. Please note that if your personal information/data is removed from our databases, you may no longer be able to access certain areas of our Sites.

Your California Privacy Rights

If you live in California, California law allows you to request and obtain from Opus and/or ALACRA once a year, free of charge, a list of the third parties to whom we have disclosed your personal information (if any, and as defined under California law) for the third party’s direct marketing purposes in the prior calendar year, as well as the type of your personal information disclosed to those parties.

If you live in California and would like to request this information, please send your request in an email to privacy@opus.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response, where applicable.

Changes To This Privacy Statement

Opus and/or ALACRA may update this Privacy Statement  from time to time, and we reserve the right to change this Privacy Statement  without advance notice. If you have provided Opus or ALACRA your email address Opus or ALACRA will email you at that address to let you know about changes to this Privacy Statement.  Any modifications are effective when they are posted on Opus and ALACRA’s Sites. The date of the newest version will be posted below.

Opus and ALACRA Contact Information

If you have any questions about Opus’ and/or ALACRA’s privacy policy or information Opus and/or ALACRA may have stored about you, please contact our Chief Privacy Officer, by sending an e-mail message to privacy@opus.com with the subject line heading of “Privacy Policy Request.” Alternatively, you can contact our Chief Privacy Officer at:

Alacra, LLC

48 Wall Street, 6th Floor

New York, New York 10005

United States

Attn: Chief Privacy Officer

Telephone: (212) 363-9620

PROVISIONS APPLICABLE TO INDIVIDUALS IN THE EU/EEA AND SWITZERLAND

The provisions of this Privacy Statement below are applicable between Opus and/or ALACRA LLC and individuals located in the EU/EEA and Switzerland.

EU/EEA/Swiss Definitions

‘Consent’ or ‘Agree’ means your freely given, specific, informed and unambiguous expression of your wishes through a statement or other clear affirmative action such as checking a box or signing a consent form which indicates your agreement to Opus’s and/or ALACRA’s Processing of personal data relating to you.

‘Personal Data’ means any Personal Information relating to you from which you can be identified, directly or indirectly, including name, identification number, location, online identifier such as your IP address or device ID, or one or more factors specific to physical, physiological, genetic, mental, economic, cultural or social identity.  It includes any personal information whether it is held in paper, electronic or any other format.

‘Process or Processing’ means any use of Personal Data including collecting, recording, organizing, structuring, storing, adapting or altering, amending, retrieving, consulting, sharing, disclosing, making available, aligning or combining, restricting, transferring outside the EU/EEA or erasing or destroying it.

‘Special Categories of Personal Data’ means Personal Data about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, ideological views or activities, information on social security measures, trade union membership, health, sex life, sexual orientation and biometric data, or any past administrative or criminal proceedings and sanctions.

‘Third Party’ includes our business partners and service providers who Opus and/or ALACRA authorizes to process your Personal Data or other information to help Opus and/or ALACRA with the activities described in this Privacy Statement. It may include government bodies and public agencies and authorities.

         Notice to Individuals Located in the EU/EEA and Switzerland

Opus and ALACRA has appointed a Chief Privacy Officer as the person with responsibility for Opus and ALACRA’s EU/EEA and Swiss data protection compliance. Opus and ALACRA’s Chief Privacy Officer can be contacted at by email at  privacy@opus.com Questions about this Privacy Statement, or requests for further information, should be directed to Opus and ALACRA’s Chief Privacy Officer.

If you are located in the EU/EEA or Switzerland and Opus and/or ALACRA’s business client (the data “controller” under applicable laws) is using the ALACRA Services to Process your Personal Data, you may contact ALACRA’s business client to object, restrict, access, correct, transfer (data portability) or delete your Personal Data. If you need help finding contact information for an ALACRA business client’s privacy office, please contact Opus or ALACRA at privacy@opus.com.

         EU/EEA/Swiss Personal Data Opus and ALACRA Collects

In addition to the Personal Information/data listed above, when you inquire about or apply for a job opening on Opus’ or ALACRA’s Sites, Opus and/or ALACRA collects your current and past employment information. This includes information in paper, electronic or any other format, including:

  • Identification data such as name, home address, personal telephone number, personal e-mail address, date of birth, social security number, national insurance number, photograph, marital /dependent status, and emergency contact information;
  • Information concerning employment such as salary, work and compensation history, planned salary, earnings, paid time off, salary grade, performance information (including performance appraisal, performance and attendance records), decisions to offer employment, CVs/Resumes, employment applications, employment references and background verification information;
  • Financial information such as credit reports, bank account numbers, tax-related information, and salary-related information;
  • Past administrative or criminal proceedings and sanctions when permitted by applicable law;
  • If disclosed to Opus or ALACRA by the individual or discoverable by Opus or ALACRA in open source media: Special Categories of personal data including ethnic origin; political opinions; religion or religious or philosophical beliefs; trade union membership; heath related data; sexual orientation and/or sex life.
  • Other Information necessary for Opus or ALACRA’s business purposes which may be voluntarily disclosed by you to Opus or ALACRA.

For more information about Personal Information Opus and/or ALACRA collects when you apply for a job, please contact Opus and ALACRA’s Human Resources Department or privacy@opus.com.

EU/EEA/Swiss Data Protection Principles

Opus and ALACRA Process EU/EEA and Swiss Personal Data in accordance with the following data protection principles:

  • Opus and ALACRA Process Personal Data lawfully, fairly and in a transparent manner consistent with applicable law;
  • Opus and ALACRA collect Personal Data only for specified, explicit and legitimate purposes consistent with applicable law;
  • Opus and ALACRA Process Personal Data only where it is adequate, relevant and limited to what is necessary for the purposes of Processing consistent with applicable law;
  • Opus and ALACRA keep accurate Personal Data and takes all reasonable steps to ensure that inaccurate Personal Data is rectified or deleted without delay consistent with applicable law;
  • Opus and ALACRA keep Personal Data only for the period necessary for Processing consistent with applicable law;
  • Opus and ALACRA adopt appropriate measures to make sure that Personal Data is secure, and protected against unauthorized or unlawful processing, and accidental loss, destruction or damage.

Opus, ALACRA and/or its business client tells individuals located in the EU/EEA and Switzerland the reasons for Processing their Personal Data, how it uses their Personal Data and the legal basis for Processing by providing them this Privacy Statement and related notices, disclosures, and consent forms consistent with applicable law. Opus and ALACRA will not process Personal Data for other reasons.

Opus and ALACRA take appropriate steps to ensure that Personal Data in its possession is accurate, complete, and current consistent with applicable law. However, all individuals in the EU/EEA or Switzerland are asked to inform Opus and/or ALACRA’s relevant client immediately about any changes in their Personal Data.

Opus and/or ALACRA will not Process Personal Data that qualifies as Special Categories of Personal Data for purposes incompatible with those described in this Privacy Statement unless the Processing is:

  • (a) permitted by applicable UK, EU/EEA or Swiss law;
  • (b) necessary for administering justice or for exercising statutory, governmental, or other public functions;
  • (c) necessary for the establishment of legal claims or defenses;
  • (d) in the vital interests of an individual in in the EU/EEA or Switzerland or another person;
  • (e) required to provide medical care or diagnosis; or
  • (f) necessary to carry out Opus’ or ALACRA’s legal obligations under applicable law.

Legal Basis of Processing Personal Data

In order to collect, use and otherwise process your personal data, Opus and /or ALACRA relies on the following legal bases:

  • To fulfill any contractual obligations, such as when you have purchased a product or service from Opus or ALACRA. For example, we may require your contact details in order to deliver your order if you have purchased a product from us.
  • Opus’s or ALACRA’s legitimate interest in providing its Sites and making the Services available to you, provided our interest is not outweighed by the risk of harm to your rights and freedoms.
  • Your consent, where Opus or ALACRA has obtained your consent to process your personal information for certain activities. You may withdraw your consent at any time by contacting privacy@opus.com However, please note that your withdrawal of consent will not affect the lawfulness of any use of your personal information by Opus and/or ALACRA based on your consent prior to withdrawal.
  • For compliance with Opus’s or ALACRA’s legal obligations where applicable laws require Opus and/or ALACRA to process your personal information.

Opus and/or ALACRA will not use or share information in ways unrelated to those described above without first notifying you and offering you a choice as to whether or not we may use your data in this different manner.  If you have any questions or would like more information regarding the legal basis on which Opus and/or ALACRA collects your personal data, please contact us at privacy@opus.com.

EU/EEA/Swiss Personal Data Transfers to Independent Third Parties

Opus and/or ALACRA will disclose Personal Data to Third Parties other than those identified above only if:

  • required by law or legal process (e.g., lawful requests by public authorities, including disclosures to law enforcement authorities in connection with their duties or to meet national security requirements);
  • to investigate, prevent or take actions against illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law.
  • to protect and defend the legal rights, property/or and legitimate interests of Opus and/or ALACRA and/or members of its workforce, clients, business partners, Sub-contractors and/or Third Parties; or
  • where necessary for Opus and/or ALACRA to perform a contractual obligation owed to a client, member of its workforce or for other lawful purposes.

            How Long Opus and ALACRA Keeps EU/EEA/Swiss Personal Data

Opus and/or ALACRA will hold Personal Data

  • for as long as your account is active or as needed to provide you the Services you have requested from Opus or ALACRA;
  • for the duration legally required or permitted by applicable law; and
  • as long as it is necessary to comply with Opus and/or ALACRA’s legal obligations or to resolve disputes and/or enforce our agreements.

If you wish to cancel your Opus or ALACRA account or request that we no longer use your information to provide you services, you may access the email preferences in your account settings page, or contact us at privacy@opus.com.

EU/EEA/Swiss Personal Data Rights including under the GDPR

Individuals in the EU/EEA and Switzerland have a number of rights in relation to their Personal Data. Opus and ALACRA will maintain a program to ensure compliance with this Privacy Statement. All Opus and ALACRA workforce members whose responsibilities include the Processing of EU/EEA/Swiss Personal Data are required to adhere to this Privacy Statement and any implementing policies. Failure to do so is deemed a serious offence, for which disciplinary action may be taken, potentially resulting in termination of employment. Equally, the misuse of Personal Data by an individual or organization acting as a Sub-contractor, or service provider to Opus and/or ALACRA is deemed a serious issue for which action may be taken, potentially resulting in the termination of any agreement. Opus and ALACRA will assist individuals in the EU/EEA and Switzerland in protecting their privacy and will provide them opportunities to raise concerns about the Processing of their Personal Data.

Personal Data Access

Individuals in the EU/EEA and Switzerland have the right to make Personal Data access requests. If an individual makes such a request, Opus and/or ALACRA will provide the information requested which may contain some or all of the following information, along with other information as required by applicable law:

  • Whether or not his/her Personal Data is Processed and if so why, the categories of Personal Data Processed and the source of the data if it is not collected from the individual consistent with applicable law, Opus’ and ALACRA’s obligations to its clients and;
  • To whom his/her Personal Data is or may be disclosed consistent with applicable law, Opus’ and ALACRA’s obligations to its clients, including to recipients located outside the EU/EEA or Switzerland and the safeguards that apply to such data transfers; and
  • For how long his/her Personal Data is stored (or how that period is decided).

Disclosures by Opus and ALACRA will normally be in electronic form if the requester has made a request electronically unless he/she agrees otherwise.

If the requestor wants additional copies, Opus and ALACRA charges a reasonable fee, which will be based on the administrative cost to Opus and/or ALACRA of providing the additional copies.

Exercising your Personal Data Access Rights

To make a personal data access request, individuals in the EU/EEA or Switzerland should send their request to Opus’s and ALACRA’s Chief Privacy Officer by email at privacy@opus.com with the words “Data Subject Access Request ” in the subject line.

You may also contact Opus or ALACRA by regular mail to:

Alacra, LLC

48 Wall Street, 6th Floor

New York, New York 10005

Attention: Chief Privacy Officer

Opus and/or ALACRA may need to ask for proof of identification before a request can be processed. Opus and/or ALACRA will inform the requestor if it needs to verify his/her identity and the documents it requires.

Opus and/or ALACRA will normally respond to a request within a period of 30 days from the date a request is received. In some cases, such as where Opus and/or ALACRA Processes large amounts of the individual’s data, it may respond within 90 days of the date the request is received. Opus or ALACRA will write to the requestor within 30 days of receiving the original request to tell him/her if more time is needed to complete the response to their request.

If an EU/EEA or Swiss individual submits a request which is manifestly unfounded or excessive, Opus and ALACRA are not required to comply with it. Alternatively, Opus and/or ALACRA can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request.

Other EU/EEA/Swiss Personal Data Rights

Individuals in the EU/EEA and Switzerland also have a number of other rights in relation to their Personal Data. They can request Opus or ALACRA to:

  • Correct inaccurate Personal Data to the extent consistent with applicable law and Opus’s and/or ALACRA’s obligations to its clients;
  • Stop Processing or erase Personal Data that is no longer necessary for Opus’ and/or ALACRA’s purposes of Processing to the extent consistent with applicable law and Opus and/or ALACRA’s obligations to its clients;
  • Stop Processing or erase Personal Data if the individual’s interests override Opus and/or ALACRA’s legitimate grounds for processing the Personal Data including to the extent consistent with applicable law and Opus and/or ALACRA’s obligations to its clients;
  • Stop processing or erase Personal Data if the processing is unlawful; and/or
  • Stop processing Personal Data for a period if the requestor asserts the Personal Data is inaccurate or if there is a dispute about whether or not the requestor’s interests override Opus and/or ALACRA’s legitimate grounds for processing the Personal Data.

Where Opus and/or ALACRA determines that the requestor’s Personal Data is accurate to the extent consistent with applicable law, Opus and/or ALACRA will include in Opus’ and/or ALACRA’s Personal Data file the alternative text that the requestor believes to be appropriate alongside Opus’s and/or ALACRA’s original information. If it is determined that the Personal Data needs to be updated or corrected by Opus and/or ALACRA, Opus and/or ALACRA will use reasonable efforts to inform the relevant Opus or ALACRA client and Third Parties which were provided with the information previously.

To ask Opus or ALACRA  to take any of these steps, individuals in the EU/EEA or Switzerland should contact Opus or ALACRA by email at privacy @ opus.com with the words “DATA SUBJECT REQUEST” in the subject line.

You may also contact Opus or ALACRA by regular mail to:

Alacra, LLC

48 Wall Street, 6th Floor

New York, New York 10005

Attention: Chief Privacy Officer

Individuals in the EU/EEA and Switzerland may also make data privacy and/or data use complaint about Opus and/or ALACRA to the UK Information Commissioner’s Office (ICO) Here; or by calling the UK ICO helpline at 0303-123-1113. Individuals in Switzerland can also make a complaint to the Swiss Federal Data Protection and Information Commissioner Here. Individuals in the EU/EEA can also make a complaint to the Data Protection Authority in the EU/EEA Member State where they live or work or where an alleged infringement of applicable data protection law occurred listed here: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm

OTHER EU/EEA and SWISS PROVISIONS

International Transfers of Personal Information

Opus’ and ALACRA’s Sites are provided from within the United States and is subject to the state and federal laws of the United States. If you are located outside of the United States, your Personal Data is being transferred to, stored, used and shared in the United States.

If you are located in the European Union, European Economic Area or Switzerland, Opus and/or ALACRA transfers your personal data to other Opus and/or ALACRA entities located in many different countries around the world if required for the purposes described in this Privacy Statement. This may include the transfer of your personal data to countries outside your home country, including outside the European Economic Area (EEA), which may not have the same level of protection as your home country. For example, since Opus and ALACRA is headquartered in the United States (US),  Opus and/or ALACRA entities in the EEA may need to send your personal information to our servers located in the US for legitimate business purposes. In order to provide adequate protection for the transfer of your personal information, we rely on various legal mechanisms, including our Privacy Shield certifications, EU Standard Contractual Clauses and/or the need to process your personal information in order to provide the requested products or services.

Personal Data is also transferred by Opus and/or ALACRA to countries outside the EU/EEA or Switzerland for Opus’ and/or ALACRA’s legitimate interests in processing Personal Data where necessary to perform its obligations to its clients and to exercise its rights and fulfill its duties under law.

Privacy Shield Frameworks

EU-US and Swiss-US Privacy Shield Frameworks

Opus Global, Inc and its affiliated company, ALACRA, LLC  complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries (including Iceland, Liechtenstein, and Norway) and Switzerland transferred to the United States pursuant to Privacy Shield.  Opus and ALACRA have certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this Privacy Statement and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please  visit the U.S. Department of Commerce’s Privacy Shield List, https://www.privacyshield.gov/list.

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Opus and ALACRA is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain Opus’ and/or ALACRA’s confirmation of whether we maintain personal data relating to you in the United States.  Upon your request, we will provide you with access to the personal data that we hold about you.  You may also correct, amend, or delete the personal data we hold about you.  An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to privacy@opus.com.  If requested to remove data, we will respond within a reasonable timeframe.

We will provide an individual opt-out or opt-in choice before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.  To request to limit the use and disclosure of your personal data, please submit a written request to privacy@opus.com

Also, should Opus and/or ALACRA directly collect sensitive personal information from individuals through one of its Sites, to the extent applicable and required by the EU-U.S. Privacy Shield Framework, Opus and/or ALACRA will offer individuals the choice to opt-in to having their sensitive personal information (i) disclosed to a non-agent third party; or (ii) used for a purpose other than the purpose for which it was originally collected.

Opus’ and ALACRA’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Opus and ALACRA remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Opus and ALACRA proves that it is not responsible for the event giving rise to the damage.

Opus and ALACRA  may be required, in certain circumstances, to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the Privacy Shield Principles, Opus and ALACRA commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Opus or ALACRA by email at privacy@opus.com with the words “PRIVACY STATEMENT” in the subject line.

You may also contact ALACRA  by regular mail to:

Alacra, LLC

48 Wall Street, 6th Floor

New York, New York 10005

Attention: Chief Privacy Officer

Opus and ALACRA have further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland.

If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://go.adr.org/privacyshield.html for more information and to file a complaint.  This service is provided free of charge to you.

If your complaint involves employment or human resources personal data transferred to the United States from the EU and/or Switzerland in the context of your employment relationship with Opus or ALACRA, and Opus or ALACRA does not address it satisfactorily, Opus and ALACRA commits to cooperate with the panel established by the EU data protection authorities (DPA Panel) and/or the Swiss Federal Data Protection and Information Commissioner, as applicable and to comply with the advice given by the DPA panel and/or Commissioner, as applicable with regard to such employment or human resources personal data.  To pursue an unresolved employment or human resources personal data complaint, you should contact the state or national data protection or labor authority where you live or work.

Contact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.  See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction