Evoqua Water Technologies LLC (“Evoqua”) is committed to upholding the highest ethical standards in its business practices and strives to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business.
principles that Evoqua follows with respect to personal information transferred
from the European Economic Area (EEA) (which includes the twenty-eight member
states of the European Union (EU) plus Iceland, Liechtenstein and Norway) and
from Switzerland to the United States.
Evoqua complies with the U.S.-EU
Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by
the U.S. Department of Commerce regarding the collection, use, and retention of
personal information from European Union member countries and Switzerland.
Evoqua has certified that it adheres to the Safe Harbor Privacy Principles of
notice, choice, onward transfer, security, data integrity, access, and
enforcement. To learn more about the Safe Harbor program, and to view Evoqua’s
certification, please visit http://export.gov/safeharbor
The United States Department of Commerce and the European
Commission have agreed on a set of data protection principles (the "U.S.-EU Safe
Harbor Principles") and frequently asked questions (collectively the “U.S.-EU
Safe Harbor Framework”) to enable U.S. companies to satisfy the requirement
under European Union law that adequate protection be given to personal
information transferred from the EU to the United States. The EEA also has
recognized the U.S. Safe Harbor as providing adequate data protection. The
United States Department of Commerce and the Federal Data Protection and
Information Commissioner of Switzerland have agreed on a similar set of data
protection principles (the "U.S.-Swiss Safe Harbor Principles") and frequently
asked questions (collectively the “U.S.-Swiss Safe Harbor Framework) to enable
U.S. companies to satisfy the requirement under Swiss law that adequate
protection be given to personal information transferred from Switzerland to the
United States. Consistent with its commitment to protect personal privacy,
Evoqua adheres to the U.S.-EU and U.S.-Swiss Safe Harbor Principles (hereinafter
“Safe Harbor Principles”).
This applies to all
personal information received from employees and consumers by Evoqua in the
United States from the European Economic Area and from Switzerland, in any
format including electronic, paper or verbal.
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, Evoqua or to which Evoqua discloses
personal information for use on Evoqua's behalf.
"Evoqua" means Evoqua Water Technologies LLC, its successors, subsidiaries,
divisions and groups in the United States.
"Personal information" means any information or set of information that
identifies or is used by or on behalf of Evoqua to identify an individual.
Personal information does not include information that is encoded or anonymized,
or publicly available information that has not been combined with non-public
"Sensitive personal information" means personal information that reveals
race, ethnic origin, political opinions, religious or philosophical beliefs, or
trade union membership, or that concerns health or sex life. In addition, Evoqua
will treat as sensitive personal information any information received from a
third party where that third party treats and identifies the information as
The privacy principles in this Policy
are based on the Safe Harbor Principles.
Notice: Where Evoqua collects personal information directly
from individuals in the EEA, it will inform them about the purposes for which it
collects and uses personal information about them and the choices and means, if
any, Evoqua offers individuals for limiting the use and disclosure of their
personal information. Notice will be provided in clear and conspicuous language
when individuals are first asked to provide personal information to Evoqua, or
as soon as practicable thereafter, and in any event before Evoqua uses or
discloses the information for a purpose other than that for which it was
originally collected or discloses information to a non-agent third party.
Where Evoqua receives personal information from its subsidiaries, affiliates
or other entities in the EEA, it will use and disclose such information in
accordance with the notices provided by such entities and the choices made by
the individuals to whom such personal information relates.
Choice: For personal information, Evoqua will offer
individuals the opportunity to choose (opt-in) whether their personal
information is (a) to be disclosed to a non-agent third party, or (b) to be used
for a purpose other than the purpose for which it was originally collected or
subsequently authorized by the individual.
For sensitive personal information, Evoqua will give individuals the
opportunity to affirmatively and explicitly (opt-in) consent to the disclosure
of the information to a non-agent third party or the use of the information for
a purpose other than the purpose for which it was originally collected or
subsequently authorized by the individual.
Evoqua will provide individuals with reasonable mechanisms to exercise their
Data Integrity: Evoqua will use personal information only in
ways that are compatible with the purposes for which it was collected or
subsequently authorized by the individual. Evoqua will take reasonable steps to
ensure that personal information is relevant to its intended use, accurate,
complete, and current. We will only collect and store personal information that
is relevant to fulfill the purpose of the request and will retain such
information no longer than appropriate to fulfill the purpose of the
Transfers to Agents: Evoqua will obtain assurances from its
agents that they will safeguard personal information consistently with this
Policy. Examples of appropriate assurances that may be provided by agents
include: a contract obligating the agent to provide at least the same level of
protection as is required by the relevant Safe Harbor Principles, being subject
to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor
certification by the agent, or being subject to another European Commission
adequacy finding (e.g., companies located in Canada). Where Evoqua has knowledge
that an agent is using or disclosing personal information in a manner contrary
to this Policy, Evoqua will take reasonable steps to prevent or stop the use or
Access and Correction: Upon request, Evoqua will grant
individuals reasonable access to personal information that it holds about them.
In addition, Evoqua will take reasonable steps to permit individuals to correct,
amend, or delete information that is demonstrated to be inaccurate or
incomplete. These requests can be made by contacting Evoqua’s Compliance Officer
at the address provided below.
Security: Evoqua will
take reasonable precautions to protect personal information in its possession
from loss, misuse and unauthorized access, disclosure, alteration and
Enforcement: Evoqua will conduct compliance audits of its
relevant privacy practices to verify adherence to this Policy. Any employee that
Evoqua determines intentionally violates this policy will be subject to
disciplinary action up to and including termination of employment.
Dispute Resolution: Any questions or concerns regarding the
use or disclosure of personal information should be directed to the Compliance
Officer at the address given below. Evoqua will investigate and attempt to
resolve complaints and disputes regarding use and disclosure of personal
information in accordance with the principles contained in this Policy. For
complaints that cannot be resolved between Evoqua and the complainant, Evoqua
has agreed to participate in the dispute resolution procedures of the American
Arbitration Association pursuant to the Safe Harbor Principles.
Limitations on Application of Principles
Evoqua to these Safe Harbor Principles may be limited (a) to the extent required
or permitted by law or legal process, such as to respond to or investigate a
legal or ethical obligation or request or pursuant to court orders, subpoenas,
interrogatories or similar directive carrying the force of law; and (b) to the
extent expressly permitted by an applicable law, rule or regulation.
Evoqua sees the Internet and the use of
other technologies as valuable tools for communicating and interacting with
consumers. Evoqua recognizes the importance of maintaining the privacy of
information collected online and has created a specific Data Privacy Protection
Policy (the "DPP") governing the treatment of personal information collected
through web sites that it operates. With respect to personal information that is
transferred from the European Economic Area or Switzerland to the U.S., the DPP
is subordinate to this Policy. However, the DPP also reflects additional legal
Questions or comments regarding this
Policy should be submitted to the Evoqua Office of Ethics & Compliance by
mail as follows:
Evoqua Water Technologies LLC
Office of Ethics &
Mail to: email@example.com
may be amended from time to time, consistent with the requirements of the Safe
Effective Date: August 6, 2014