PRIVACY SHIELD POLICY

This Privacy Shield Policy ("Policy") describes how AAES North America, Inc. and its subsidiaries and affiliates in the United States ("U.S.") ("Company," "we," or "us") collect, use, and disclose certain personally identifiable information that we receive in the US from the European Economic Area and the United Kingdom (“UK”) ("Personal Data"). This Policy applies to the following US affiliated entities: AEES Inc., AEES LP, and PKC Group North America. This Policy supplements our Website Privacy Policy located at http://www.aeesinc.com/page10.php, and unless specifically defined in this Policy, the terms in this Policy have the same meaning as the Website Privacy Policy.

 We recognize that the EEA and UK have established strict protections regarding the handling of Personal Data, including requirements to provide adequate protection for Personal Data transferred outside of the EEA. To provide adequate protection for certain Personal Data about customers, suppliers, and human resource data received in the US, we have elected to self-certify to the EU-US Privacy Shield Framework administered by the US Department of Commerce ("Privacy Shield"). The Company adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability.

For purposes of enforcing compliance with the Privacy Shield, the Company is subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website located at: https://www.privacyshield.gov. To review the Company's representation on the Privacy Shield list, see the US Department of Commerce's Privacy Shield self-certification list located at: https://www.privacyshield.gov/.

Personal Data Collection and Use  

We may receive the following categories of Personal Data in the US: on-line, off-line, customer and supplier data, and human resources data. Further, we process Personal Data for the following purposes: customer, supplier, payroll, and human resources reporting. The Company will only process Personal Data in ways that are compatible with the purpose that we collected it for, or for purposes the individual later authorizes. Before we use your Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. The Company maintains reasonable procedures to help ensure that Personal Data is reliable for its intended use, accurate, complete, and current.

We may collect the following categories of sensitive Personal Data: individual's racial or ethnic origin, age, political or religious beliefs, trade-union membership, physical or mental health, or sexual life. We process sensitive Personal Data for the following purposes: customer, supplier, payroll, and human resources reporting. When we collect sensitive Personal Data, we will obtain your opt-in consent where the Privacy Shield requires, including if we disclose your sensitive Personal Data to third parties, or before we use your sensitive Personal Data for a different purpose than we collected it for or than you later authorized.

Data Transfers to Third Parties  

We may share your personal information with other third-parties. Such third-parties include agents, service providers, consultants, and contractors, including IT and security service providers, Cloud storage providers, insurance carriers, and consulting firms.

Third-Party Agents or Service Providers.

We may transfer Personal Data to our third-party agents or service providers, and vendors who perform functions on our behalf as described in our Website Privacy Policy. Where required by the Privacy Shield, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of Personal Data that we transfer to them.

Third-Party Data Controllers.

In some cases we may transfer Personal Data to unaffiliated third-party data controllers. These third parties do not act as agents or service providers and are not performing functions on our behalf. We may transfer your Personal Data to third-party data controllers for the purposes described in our Website Privacy Policy. We will only provide your Personal Data to third-party data controllers where you have not opted-out of such disclosures, or in the case of sensitive Personal Data, where you have opted-in if the Privacy Shield requires consent. We enter into written contracts with any unaffiliated third-party data controllers requiring them to provide the same level of protection for Personal Data the Privacy Shield requires. We also limit their use of your Personal Data so that it is consistent with any consent you have provided and with the notices you have received. If we transfer your Personal Data to one of our affiliated entities within our corporate group, we will take steps to ensure that your Personal Data is protected with the same level of protection the Privacy Shield requires.

Disclosures for National Security or Law Enforcement.

Under certain circumstances, we may be required to disclose your Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

Security 

The Company maintains reasonable and appropriate security measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield. Further, the Company has various controls and procedures in place for self-assessment to ensure it is in full compliance with the Privacy Shield principles.

Access Rights

You may have the right to access the Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.

Questions or Complaints

You can direct any questions or complaints about the use or disclosure of your Personal Data to us at:

AEES, Inc. North America

Attention: Loren Tobey

36555 Corporate Drive, Suite 300

Farmington Hills, Michigan 48331

loren.tobey@pkcgroup.com

(248) 489-4719

 We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your Personal Data within 45 days of receiving your complaint. For any unresolved complaints, we have agreed to cooperate with the EU data protection authorities. If you are unsatisfied with the resolution of your complaint, you may contact the EU data protection authorities at (http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm) for further information and assistance.

 Binding Arbitration

You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your compliant directly with the Company and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see US Department of Commerce's Privacy Shield Framework: Annex I (Binding Arbitration).

Contact Us

If you have any questions about this Policy or would like to request access to your Personal Data, please contact us as follows: loren.tobey@pkcgroup.com.

Changes To This Policy

We reserve the right to amend this Policy from time to time consistent with the Privacy Shield's requirements.

Effective Date: 08/08/2019   

Last modified: 08/08/2019