Data Privacy Framework: Consumer Privacy Policy
Last Updated: June 2024
Snow Companies, LLC, and its subsidiary MyPatientStory.com, LLC (collectively, “Snow”) participate in the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework and the Swiss-U.S. Data Privacy Framework (collectively, the “Data Privacy Framework” or “DPF”) administered by the U.S. Department of Commerce. Snow commits to comply with the DPF Principles with respect to Consumer Personal Data the company receives from the EU, UK and Switzerland, including through its websites www.snow-companies.com and www.patientworthy.com, in reliance on the DPF. If there is any conflict between the terms in this Privacy Policy (“Policy”) and the DPF Principles, the DPF Principles shall govern.
For purposes of this Policy:
“Consumer” means any natural person who is located in the EU, UK or Switzerland, but excludes any individual acting in his or her capacity as an Employee.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“DPF Principles” means the Principles and Supplemental Principles of the DPF.
“Employee” means any current, former or prospective employee, intern, temporary worker or contractor of Snow or any related individual whose Personal Data Snow processes in connection with an employment relationship, who is located in the EU, UK or Switzerland.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by Snow in the U.S. from the EU, UK or Switzerland, and (iii) recorded in any form.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (including trade union-related views or activities), sex life (including personal sexuality), information on social security measures, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of
such proceedings, or the sentence of any court in such proceedings (including administrative proceedings and criminal sanctions).
“Supplier” means any supplier, vendor or other third party located in the EU, UK or Switzerland that provides services or products to Snow.
“UK” means the United Kingdom and Gibraltar.
Snow’s DPF certification, along with additional information about the DPF, can be found at https://www.dataprivacyframework.gov/. For more information about Consumer Personal Data processing with respect to information obtained through Snow’s website, please visit our Privacy Notice.
Types of Personal Data Snow Collects
Snow collects Personal Data directly from Consumers . This collection occurs, for example, when a Consumer visits one of our websites or participates in one of our educational initiatives. Snow may use this information for the purposes disclosed at the time it was collected or indicated in our Privacy Notice.
Snow collects the following types of Consumer Personal Data:
- Contact information, such as name, postal address, email address and telephone number;
- Personal Data in content Consumers provide to Snow through one of its websites and other data collected automatically through our websites (such as IP addresses, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our websites, and dates and times of website visits); and
- Sensitive Data, specifically health information such as medical diagnoses, treatment, symptoms, and side effects, provided voluntarily by Consumers when utilizing our website or participating in one of our programs or services.
As used hereafter, references to Consumer Personal Data shall include both Personal Data and Sensitive Data. Snow also may obtain and use Consumer Personal Data in other ways for which Snow provides specific notice at the time of collection.
Snow’s privacy practices regarding the processing of Consumer Personal Data comply with the DPF Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
Notice
Snow provides information in this Policy and the Privacy Notice about its Consumer Personal Data practices, including the types of Personal Data and Sensitive Data Snow collects, the types of third parties to which Snow may disclose Consumer Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Consumer Personal Data, and how to contact Snow about its practices concerning Consumer Personal Data.
Relevant information also may be found in notices pertaining to specific data processing activities.
Choice
Snow generally offers Consumers the opportunity to choose whether their Consumer Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the DPF Principles, Snow obtains opt-in consent for certain uses and disclosures of Sensitive Data. Consumers may contact Snow as indicated below regarding the use or disclosure of their Consumer Personal Data. Unless Snow offers Consumers an appropriate choice, the company uses Consumer Personal Data only for purposes that are materially the same as those indicated in this Policy.
Snow may share Consumer Personal Data with its affiliates and subsidiaries who participate in Snow’s service offerings and have a business reason for accessing it. Snow may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Consumer Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Snow also reserves the right to transfer Consumer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
Accountability for Onward Transfer of Personal Data
This Policy and the Privacy Notice describe Snow’s sharing of Consumer Personal Data.
Except as permitted or required by applicable law, Snow provides Consumers with an opportunity to opt out of sharing their Consumer Personal Data with third-party Controllers. Snow requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Consumer Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Consumer Personal Data as is required by the DPF Principles, and (iii) notify Snow and cease processing Consumer Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Consumer Personal Data as is required by the DPF Principles.
With respect to transfers of Consumer Personal Data to third-party Processors, Snow (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Consumer Personal Data with at least the same level of privacy protection as is required by
the DPF Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Consumer Personal Data in a manner consistent with Snow’s obligations under the DPF Principles, (v) requires the Processor to notify Snow if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the DPF Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Consumer Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. Snow remains liable under the DPF Principles if the company’s third-party Processor onward transfer recipients process relevant Consumer Personal Data in a manner inconsistent with the DPF Principles, unless Snow proves that it is not responsible for the event giving rise to the damage.
Security
Snow takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Consumer Personal Data.
Data Integrity and Purpose Limitation
Snow limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. Snow does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes, Snow takes reasonable steps to ensure that the Consumer Personal Data that it processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, Snow relies on its Consumers to update and correct the relevant Consumer Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers may contact Snow as indicated below to request that Snow update or correct relevant Consumer Personal Data.
Subject to applicable law, Snow retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Consumer Personal Data was collected or subsequently authorized by the Consumer.
Access
Consumers generally have the right to access their Consumer Personal Data. Accordingly, where appropriate, Snow provides Consumers with reasonable access to the Consumer Personal Data Snow maintains about them. Snow also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the DPF Principles, as appropriate. Snow may limit or deny access to Consumer Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Consumer Personal Data by contacting Snow as indicated below.
Recourse, Enforcement and Liability
Snow has mechanisms in place designed to help assure compliance with the DPF Principles. Snow conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions Snow makes about its DPF privacy practices are true and that Snow’s privacy practices have been implemented as represented and in accordance with the DPF Principles.
Consumers may file a complaint concerning Snow’s processing of their Consumer Personal Data. Snow will take steps to remedy issues arising out of its alleged failure to comply with the DPF Principles. Consumers may contact Snow as specified below about complaints regarding Snow’s Consumer Personal Data practices.
If a Consumer’s complaint cannot be resolved through Snow’s internal processes, Snow will cooperate with JAMS pursuant to the JAMS DPF Program, which is described on the JAMS website at https://www.jamsadr.com/dpf-dispute-resolution. JAMS mediation may be commenced as provided for in the JAMS rules. Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has DPF investigatory and enforcement powers over Snow. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Snow’s compliance with the DPF Principles.
How to Contact Snow
To contact Snow with questions or concerns about this Policy or Snow’s Consumer Personal Data practices:
Write to:
Snow Companies, LLC
Attn: Chief Legal and Privacy Officer
133 Waller Mill Road
Williamsburg, VA 23185
E-mail: [email protected]
