PRIVACY SHIELD POLICY
Last Updated and Effective: April 4, 2019
EU-U.S. and Swiss-U.S. Privacy Shields
For purposes of this Policy, the following definitions shall apply:
“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, The Washington Post or to which The Washington Post discloses personal information for use on The Washington Post's behalf.
“WP Company LLC” or “The Washington Post” means WP Company LLC, TWP International LLC and any of its subsidiaries, predecessors and successors in the United States.
“Personal information” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal information does not include information that is anonymized or aggregated.
“Sensitive information” means any personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, information that concerns health or sex life, and information about criminal or administrative proceedings and sanctions.
EU-U.S. AND SWISS-U.S. PRIVACY SHIELD PRINCIPLES
The Washington Post participates in and 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 organizations subject to data protection law in the EEA and Switzerland to the United States, respectively. The Washington Post has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms of this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view The Washington Post’s certification, visit https://www.privacyshield.gov/.
The Washington Post receives data from customers of its Arc Publishing services. Some of this data includes personal information about individuals in the EEA and Switzerland, which may include basic contact information like name and email address, sales lead information, and information related to content creation and use. The Washington Post uses this information for the provision of the services to its customers, customer support for such services, and advertising. The Washington Post also receives information about employees of The Washington Post who are located in the EEA and Switzerland, and which is transferred in the context of the employment relationship. The Washington Post uses this information for internal employment and human resources purposes. The Washington Post may receive information from third parties about users of websites and applications in connection with advertising.
The Washington Post will subject all personal information received via the Privacy Shield to the EU-U.S. and Swiss-U.S. Privacy Shield Principles. The Washington Post is subject to the investigative and enforcement authority of the Federal Trade Commission (FTC). The Washington Post may be required to disclose personal information in response to lawful requests by public authorities. The Washington Post has liability for onward transfers to third parties unless we can prove we were not a party to the events giving rise to the damages. Additionally, an individual may be allowed to invoke binding arbitration to resolve disputes under certain limited conditions.
The Washington Post will offer EEA and Swiss individuals whose personal information has been transferred to us 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 us at the address given below.
The Washington Post will not use sensitive personal information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual unless The Washington Post has received the individual’s affirmative and explicit consent (opt-in).
Data Integrity and Purpose Limitation
The Washington Post will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. The Washington Post will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete and current.
Transfers to Agents
The Washington Post may disclose personal information to Agents, including but not limited to, providers of analytical, hosting, payment processing and other support services. Agents may have access to personal information if needed to perform their functions for The Washington Post. The Washington Post does not transfer personal information to non-Agent third parties.
The Washington Post will require its Agents to safeguard personal information consistent with this Policy by contract obligating the agent to provide at least the same level of protection as is required by the EU-U.S. and Swiss-U.S. Privacy Shield Principles., The Washington Post is liable for onward transfers of personal information from the EEA where its Agent processes personal information inconsistent with the EU-U.S. and Swiss-U.S. Privacy Shield Principles, unless The Washington Post proves that it is not responsible for the event giving rise to the damages.
Access and Correction
The Washington Post acknowledges the right of EU and Swiss individuals to access their personal data pursuant to the Privacy Shield and will grant individuals reasonable access to personal information it received pursuant to these Principles. In addition, The Washington Post will take reasonable steps to permit individuals to correct, amend, or delete such information that is demonstrated to be inaccurate or incomplete. An individual may request to access his or her information, or otherwise correct, amend, or delete his or her information pursuant to the EU-U.S. and Swiss-U.S. Privacy Shield Principles by contacting us at the address given below.
The Washington Post will take reasonable and appropriate precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
The Washington Post will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that The Washington Post determines is in violation of this policy will be subject to disciplinary action.
Dispute Resolution – Privacy Shield
In compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Principles, The Washington Post commits to resolve complaints about your privacy and our collection or use of your personal information. EEA or Swiss individuals with inquiries or complaints regarding this Policy should first contact The Washington Post at the address given below. The Washington Post will investigate and attempt to resolve complaints regarding use and disclosure of personal information by reference to the principles contained in this Policy.
The Washington Post has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint.
Where applicable to the employment relationship, The Washington Post agrees to cooperate and comply with the EEA and Swiss data protection authorities (DPAs and Swiss FDPIC) regarding the unresolved complaints of employee of European-affiliated companies who are located in the EEA and Switzerland. Such employees may direct complaints about their personal information to their respective authority. For the contact information for the appropriate authority, please contact us at the address given below. Alternatively, EU individuals may go to https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm to ascertain a comprehensive list of EU DPA’s. Swiss individuals can go to https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/links/data-protection---switzerland.html for the list of Federal Data Protection and Information Commissioners by canton.
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
Questions regarding this Policy should be submitted to The Washington Post:
1301 K Street N.W.
Washington, D.C. 20071
LIMITATIONS & CHANGES
Adherence by The Washington Post to the EU-U.S. and Swiss-U.S. Privacy Shield Principles may be limited (a) by the exception for personal information that is gathered for publication, broadcast, or other forms of public communication of journalistic material as well as information found in previously published material disseminated from media archives; (b) to the extent required to respond to a legal obligation; (c) to the extent necessary to respond to requests by authorities; and (d) to the extent expressly permitted by an applicable law, rule or regulation.
This Policy may be amended from time to time, consistent with the requirements of the EU-U.S. and Swiss-U.S. Privacy Shield Principles. The amended Policy will be made publicly available via The Washington Post’s website.