Effective as of May 1, 2018
In this document you can find information about:
- Who we are.
- How we collect your personal data.
- How we share information.
- Provisions applicable for persons in the European Union.
- Changes to our Privacy Notice.
- Contact information.
Computer Generated Solutions, Inc. (hereinafter “CGS”, “we, “us” or similar) is a company, whose principal office is 200 Vesey Street, New York, NY 10281-1017, United States of America. We collect and process several categories of personal data from you as a user of the www.cgsinc.com website (hereinafter the “Website”). Insofar as European Union data protection law applies, we are a controller with regard to the data we process.
Please read this Privacy Notice carefully to understand how we handle your personal information.
Personal Data may be collected or accessed in a number of ways, including:
- directly from you (from your form input data on the Website);
- observed by us when you navigate on our website (cookies, IP, website navigation, etc.);
- through a third party, such as Google or Marketo.
2.1 Data provided by you directly
As a visitor, you do not have to submit any personal data in order to use this Website. However, personal data that are specifically and voluntarily provided by visitors may be collected through this Website. Our Website uses forms by which you may contact us, apply as a candidate for employment, subscribe to our newsletter or access documentation provided on our Website (e.g. whitepapers or product information). These forms may include fields such as name, email address, phone number, position held at your company. Also, you may voluntarily submit personal data to us by providing additional information (not requested by us) in such forms or via your comments on our blog section of the Website.
Such personal data you provide us is processed by us based on our legitimate interest and will be used to respond to your inquiry and/or to keep a record of your complaint, accommodate a request, and the like and is processed based in our legitimate interest. This data is stored as required by law or regulation.
We do not use your data to send you marketing communications unless you expressly opt in for such communication. Even in such cases we make sure that you have an easy to use option to unsubscribe (withdraw your consent) at any time, either in the communication itself or by contacting us as indicated in section 7 below.
2.2 Use of the cgsinc.com website
On each subsequent visit to the Website, the browser searches for cookies. If the browser finds cookies, it sends the information stored by the cookie to the Website. The website downloads cookies onto your computer, tablet or mobile phone which are strictly necessary for the functioning of the Website, such as cookies which ensure that you can retrieve information on the Website quickly, and cookies which are strictly necessary to provide a service which has explicitly been requested by you, such as a cookie which remembers your cookie settings. To download cookies which are not strictly necessary, such as cookies for gathering statistical information, CGS needs your prior consent.
If you have adjusted your cookie settings so that websites are not permitted to place cookies on your computer, this Website may not be able to download the cookie which remembers whether or not you consented to the placing of cookies. If so, you will be asked to indicate your cookie preferences each time you visit the Website. If you do not wish to be asked about your cookie preferences each time you visit this Website, you need to adjust your browser’s cookie settings.
2.3 Cookies, web beacons and other technologies
We will disclose your personal data only for the purposes and to those third parties, as described below. We will take appropriate steps to ensure that your personal data are processed, secured, and transferred according to applicable law.
3.1 Disclosure to CGS group companies
Your personal information may be shared with any company that is a member of our group, where we consider that it is in our legitimate interests to do so for internal administrative purposes (e.g. storage of data, CRM), or for auditing and monitoring of our internal processes.
Access to your personal information is limited to our group’s employees who need to know the personal information, and usually include employees in the Marketing, information technology, Human Resources, and security departments.
3.2 Disclosure to third parties
We may share the strictly necessary parts of your personal data, on a need-to-know basis with the following categories of third parties:
(a) companies that provide products and services to us (processors), such as:
(i) media agencies, such as those organizing promotional campaigns and those administering the Website;
(ii) website services: analytics, advertising;
(iii) infrastructure agencies (other parties that handle the email newsletter, SMS marketing or other kinds of marketing, client support or sales activities in our name);
(iv) information technology systems suppliers and support, including email archiving, telecommunication suppliers, back-up and disaster recovery and cyber security services.
(b) companies involved in the operation of our Website, where they are not providing a service for us.
(c) other parties such as public authorities and institutions, accountants, auditors, lawyers and other outside professional advisors, where their activity requires such knowledge or where we are required by law to make such a disclosure.
We may also disclose your personal information to third parties:
(a) If you request or authorize so;
(b) to persons demonstrating legal authority to act on your behalf;
(c) where it is in our legitimate interests to do so to run, grow and develop our business:
(i) if we sell any business or assets related to the Website you are subscribing to, we may disclose your personal information to the prospective buyer of such business or assets, in order to ensure that the activity continues as a going concern;
(ii) if CGS or substantially all of its assets are acquired by a third party, in which case personal information held by CGS will automatically be one of the transferred assets;
(d) if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, any lawful request from government officials and as may be required to meet national security or law enforcement requirements or prevent illegal activity;
(e) to respond to any claims, to protect our rights or the rights of a third party, to protect the safety of any person or to prevent any illegal activity; or
(f) to protect the rights, property or safety of CGS, our employees, customers, suppliers or other persons.
We, as well as some of these recipients (including our affiliates) may use your data in countries which are outside of the European Economic Area. Please see Section 4 below for more detail on this aspect.
3.3 Restrictions on use of personal information by recipients
Any third parties with whom we choose to share your personal information pursuant to the above are limited (by law and by contract) in their ability to use your personal information for the specific purposes identified by us. We will always ensure that any third parties with whom we choose to share your personal information are subject to privacy and security obligations consistent with this Privacy Notice and applicable laws. However, for the avoidance of doubt this cannot be applicable where the disclosure is not our decision.
4.1 Transfers of information outside of the European Union
Since we are a company in the USA, we process your personal data outside of the European Union. The personal information may be processed by staff operating outside the EEA working for us, other members of our group or third party data processors for the purposes mentioned above.
Where your personal data is transferred to other entities as mentioned above, we will take appropriate measures to ensure that the recipient protects your personal information adequately in accordance with this Privacy Notice. These measures include entering into European Commission approved standard contractual arrangements with them, or ensuring they have signed up to the EU-US Privacy Shield (see further https://www.privacyshield.gov/welcome).
Further details on the steps we take to protect your personal information in these cases is available from us on request by contacting us at any time (please see section 7 below).
4.2 Your rights
As a data subject, under EU data protection law you may have specific legal rights relating to the personal data we collect from you. We will respect your individual rights and will deal with your concerns adequately.
(a) Right to withdraw consent: Where you have given consent for the processing of your personal data, you may withdraw your consent at any time.
(b) Right to rectification: You may obtain from us rectification of personal data concerning you. We make reasonable efforts to keep personal data in our possession or control which are used on an ongoing basis, accurate, complete, current and relevant, based on the most recent information available to us. In appropriate cases, we provide self-service Internet portals where users have the possibility to review and rectify their personal data.
(c) Right to restriction: You may obtain from us restriction of processing of your personal data, if:
- you contest the accuracy of your personal data, for the period we need to verify the accuracy;
- the processing is unlawful, and you request the restriction of processing rather than erasure of your personal data;
- we do no longer need your personal data, but you require them for the establishment, exercise or defense of legal claims; or
- you object to the processing while we verify whether our legitimate grounds override yours.
(d) Right to access: You may ask us for information regarding personal data that we hold about you, including information as to which categories of personal data we have in our possession or control, what they are being used for, where we collected them, if not from you directly, and to whom they have been disclosed, if applicable.
We will provide you with a copy of your personal data upon request. If you request further copies of your personal data, then we can charge you with a reasonable fee that we base on the administrative costs.
You have the right to the information about our safeguards for the transfer of your personal data to a country that is outside the EU and the EEA if you request that we confirm whether or not we process your personal data, and we transfer your personal data to a country that is outside the EU and the EEA.
(e) Right to portability: As of 25 May 2018 you have the right to receive your personal data that you have provided to us, and, where technically feasible, request that we transmit your personal data (that you have provided to us) to another organization.
You have these two rights if:
- we process your personal data by automated means;
- we base the processing of your personal data on your consent, or our processing of your personal data are necessary for the execution or performance of a contract to which you are a party;
- your personal data are provided to us by you; and
- the transmission of your personal data does not adversely affect the rights and the freedoms of other persons.
You have the right to receive your personal data in a structured, commonly used and machine-readable format.
Your right to receive your personal data must not adversely affect the rights and the freedoms of other persons. This may be the case if a transmission of your personal data to another organization also involves the transmission of the personal data of other (non-consenting) individuals.
Your right to have your personal data transmitted from us to another organization is a right you have if such transmission is technically feasible.
(f) Right to erasure: You have the right to request that we delete the personal data we process about you. We must comply with this request if we process your personal data, unless the data is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation that binds us;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes; or
- for the establishment, exercise or defense of legal claims.
(g) Right to object: You may object – at any time – to the processing of your personal data due to your particular situation, provided that the processing is not based on your consent but on our legitimate interests or those of a third party. In this event we shall no longer process your personal data, unless we can demonstrate compelling legitimate grounds and an overriding interest for the processing or for the establishment, exercise or defense of legal claims. If you object to the processing, please specify whether you also wish the erasure of your personal data, otherwise we will only restrict it.
You may always object to the processing of your personal data for direct marketing that was based on our legitimate interest, regardless of any reason. If the marketing was based on your consent, you can withdraw consent.
(h) Right to lodge a complaint: You can lodge a complaint to the data protection authority in your state or to the data protection authority in Romania:
|Name:||Autoritatea Nationala de Supraveghere a Prelucrarii Datelor cu Caracter Personal|
|Address:||B-dul G-ral. Gheorghe Magheru 28-30, Sector 1, cod postal 010336, Bucuresti, Romania|
- Time period: We will try to fulfill your request within 30 days, which may be extended due to specific reasons relating to the specific legal right or the complexity of your request. In all cases, if this period is extended, we will inform you about the term of extension and the reasons that led to it.
- Restriction of access: In certain situations, we may not be able to give you access to all or some of your personal data due to statutory provisions. If we deny your request for access, we will advise you of the reason for the refusal.
- No identification: In some cases, we may not be able to look up your personal data due to the identifiers you provide in your request. In such cases, where we cannot identify you as a data subject, we are not able to comply with your request to execute your legal rights as described in this section, unless you provide additional information enabling your identification. We will inform you and give you the opportunity to provide such additional details.
- Exercise your legal rights: In order to exercise your legal rights, please contact us in writing (including electronically) at the contact details provided in section 7 below.
CGS is committed to protecting personal information from loss, misuse, disclosure, alteration, unavailability, unauthorized access and destruction and takes all reasonable precautions to safeguard the confidentiality of personal information, including through use of appropriate organizational and technical measures. Organizational measures include physical access controls to our premises, staff training and locking physical files in filing cabinets. Technical measures include use of encryption, passwords for access to our systems and use of anti-virus software.
In the course of provision of your personal data to us, your personal information may be transferred over the internet. Although we make every effort to protect the personal information which you provide to us, the transmission of information between you and us over the internet is not completely secure. As such, we cannot guarantee the security of your personal information transmitted to us over the internet and that any such transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to prevent unauthorized access to it.
We reserve the right, at our discretion, to modify our privacy practices and update and make changes to this privacy notice at any time. For this reason, we encourage you to refer to this privacy notice on an ongoing basis. This privacy notice is current as of the date which appears at the top of the document. We will treat your personal data in a manner consistent with the privacy notice under which they were collected, unless we have your consent to treat them differently.
Please direct your questions regarding the subject matter of data protection and any requests in the exercise of your legal rights to the following contact details:
New York City – Headquarters
200 Vesey Street, Brookfield Place
New York, NY10281
E-mail: [email protected]
We will investigate and attempt to resolve any request or complaint regarding the use or disclosure of your personal information.
If you are not satisfied with our reply and you are from the European Union, you may also make a complaint to the data protection authority, as indicated in section 4.2(h) above.