US - EU Safe Harbor Privacy Policy
Savvis Communications Corporation ("Savvis") adheres to the Safe Harbor Principles administered by the United States Department of Commerce in consultation with the European Commission with respect to personal information within the scope of this Policy.
Scope
Savvis generally does not collect personal information directly from individuals in the European Union (“EU”). Instead, Savvis merely acts as a data processor for its enterprise business customers. This Policy applies to personal information knowingly received and processed by Savvis in the United States from the EU, specifically, personal information collected from Savvis' business customers concerning their employees or customers in the context of the services Savvis performs and about Savvis employees.
Definitions
"Savvis" means Savvis Communications Corporation, its predecessors, and successors.
"Personal information" means information that identifies or reasonably may identify a natural person. Personal information does not include anonymized information or aggregate information to the extent an individual's identity cannot reasonably be determined from such information. In addition, Personal information does not include information as to which an individual has given explicit consent for use, consistent with the Safe Harbor Principles.
"Agent" means any third party that processes, collects, or uses personal information pursuant to the instructions of, and solely for the benefit of, Savvis, or to which Savvis discloses personal information for use on its behalf.
"Sensitive personal information" means personal information that reveals a natural person's race, ethnic origin, political opinions, religious or philosophical beliefs, criminal record, or trade union membership, or that concerns a natural person's sex life or health.
Privacy Principles
The privacy principles in this Policy are based on and shall be interpreted in a manner consistent with the Safe Harbor Principles.
Notice
Savvis provides managed hosting and networking services to its enterprise business customers, which may require Savvis to process its customers' data for the purpose of enabling or monitoring the functionality of the customer applications. The customer data processed by Savvis may include personal information. This information is controlled by Savvis' customers and may be processed by Savvis in order to provide the relevant services. Savvis is not responsible for the content of the information it processes, which may include personal information, nor is it responsible for the way its customers treat the personal information they collect or control.
Choice
Savvis generally does not collect personal information directly from individuals in the EU. It merely acts as a data processor for its enterprise business customers. If Savvis does collect information directly from individuals within the EU via its website, it will do so pursuant to its corporate Privacy Policy and, to the extent it is applicable and required by the Safe Harbor Principles, offer such individuals the choice to opt out of having their personal information disclosed to a third party that is not an agent or used for a purpose other than for which it was collected originally.
Onward Transfer
Savvis will obtain reasonable assurances from any agents to whom it provides direct access to personal information that they will safeguard personal information knowingly collected by Savvis concerning individuals residing in the EU consistent with this Policy and the Safe Harbor Principles.
Access
Upon an individual's request, if feasible or applicable, Savvis will offer individuals from whom it directly collects information reasonable access to their personal information and will afford such individuals a reasonable opportunity to correct, amend, or delete inaccurate information. For commercial and security reasons, Savvis may have to coordinate such access through its customer who controls the information. Savvis may limit or deny access to personal information where providing such access would be unreasonably burdensome or expensive under the circumstances or as otherwise permitted by the Safe Harbor Principles.
Security
Savvis will take reasonable measures including technical, physical, and administrative measures and training, as appropriate, to protect personal information it collects and processes from loss, misuse, and unauthorized disclosure, access, alteration, and destruction. Such measures apply generally across Savvis systems, services and facilities rather than to particular customer environments, which vary greatly and are often highly customized. Savvis safeguards information according to established security standards and periodically assesses new technology for methods of protecting information. However, Savvis cannot guarantee the security of personal information.
Data Integrity
Savvis generally does not determine the type of personal information collected by its business customers or the purpose for which it is collected. It merely acts upon the instructions of such customers as a data processor. If Savvis does collect information directly from individuals within the EU, it will, to the extent it is applicable and required by the Safe Harbor Principles, take reasonable measures to verify that personal information it collects and processes is relevant for its intended use, reliable for its intended use, accurate, complete, and current.
Enforcement and Dispute Resolution
Savvis will conduct periodic assessments to confirm the accuracy of, and verify its adherence to, this Policy. Savvis will investigate suspected infractions and will take all appropriate action. Any questions, concerns, or complaints concerning the collection and use of personal information by Savvis should be directed to:
Savvis Communications Corporation
Attention: Senior Vice President Corporate Services (Compliance Officer)
1 Savvis Parkway
St. Louis, MO 63130
Savvis will conduct a reasonable investigation into and will attempt to resolve any complaints in accordance with the principles contained in this Policy. Complaints that cannot be resolved between Savvis and the complainant shall be resolved via binding arbitration with the American Arbitration Association in accordance with its Commercial Arbitration Rules and Mediation Procedures. Complainants seeking arbitration must send written notice to the Savvis General Counsel at Savvis Communications Corporation, Attention: General Counsel, 1 Savvis Parkway, St. Louis, MO 63017. A single arbitrator will be selected by Savvis and the arbitration will be held in St. Louis, MO. Each party will pay its own costs associated with the arbitration and agrees to split the arbitration fees. Solely with respect to complaints by Savvis employees that cannot be resolved internally, Savvis agrees to work with the relevant Data Protection Authority to resolve such matter.
Limitations
Savvis' adherence to the Safe Harbor Principles may be limited by its role as a data processor as well as any applicable legal, regulatory, ethical, or public interest consideration, and as expressly permitted or required by any applicable law, rule, or regulation. In addition, Savvis reserves the right to disclose personal information reasonably related to the sale or disposition of all or part of its business.
Internet Privacy
Savvis maintains a distinct Internet Privacy Policy governing the privacy of information collected by Savvis online through its Web site, which can he viewed at: /en-US/Pages/Privacy_Policy.aspx.
Modification of this Safe Harbor Privacy Policy
Savvis may amend this Policy from time to time with or without notice in accordance with the Safe Harbor Principles. Any modified policy will be posted on the company's website for public viewing.
Contact Information
Questions, concerns, or complaints concerning the collection and processing of personal information by Savvis pursuant to this Safe Harbor Privacy Policy should be directed to the following address.
Savvis Communications Corporation
Attention: Senior Vice President Corporate Services (Compliance Officer)
1 Savvis Parkway
St. Louis, MO 63130
Dated: September 16, 2009