The Carlstar Group LLC is certified under the EU-U.S. and Swiss-U.S. Privacy Shield Framework, which governs the transfer of personal data between the U.S. and EU Member States, and the U.S. and Switzerland.
The Carlstar Group LLC ("Carlstar") has adopted this Privacy Shield Policy ("Policy") to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data Carlstar obtains from its Customers.
Carlstar has a Hungarian Affiliate, The Carlstar Group Korlátolt Felelősségű Társaság, which is GDPR compliant and conducts business within the EU.
Carlstar’s Participation in U.S. Department of Commerce’s Privacy Shield
All Carlstar Employees who handle Personal Data from EU and Swiss citizens are required to comply with the Principles stated in this Policy.
Highlighted terms are defined in Section XV of this Policy.
This Policy applies to the processing of Customer Personal Data that Carlstar receives in the United States concerning Customers who reside in the EU and Switzerland. Carlstar provides custom automotive, construction, industrial, and other wheels and specialty tires to wholesalers and retailers.
This Policy does not cover data from individual persons who cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)
- RESPONSIBILITIES AND MANAGEMENT
Carlstar has designated an internal team to oversee its information security program, including its compliance with the Privacy Shield program. The internal team will review and approve anymaterial changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to Jason.Little@carlstargroup.com.
Carlstar will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data Carlstar collects. Carlstar personnel and Employees will receive training, as applicable, to implement effectively this Policy. Please refer to Section VII for a discussion of the steps Carlstar has undertaken to protect its Customers’ Personal Data.
Carlstar will renew its Privacy Shield certification annually, unless Carlstar subsequently determines it no longer needs such certification or if it employs a different adequacy mechanism.
Before re-certification, Carlstar will conduct an in-house verification to ensure its attestations and assertions for its treatment of Customer Personal Data are accurate, and that it has appropriately implemented these practices. Specifically, as part of the verification process, Carlstar will do the following:
Ensure this Policy continues to comply with the Privacy Shield principles.
Confirm Customers are notified of the process for addressing complaints and any independent dispute resolution process (Carlstar may do so through its publicly-posted website, Customer contracts, or both); and
Review its processes and procedures for training its Employees about Carlstar's participation in the Privacy Shield program and the appropriate handling of Customers’ Personal Data.
- COLLECTION AND USE OF PERSONAL DATA
Carlstar provides various products to its Customers, which are predominantly business customers. Carlstar collects Personal Data from Customers when they purchase its products, register with its website, log-in to their account, complete surveys, request information from it, or otherwise communicate with it.
The Personal Data Carlstar collects may vary based on the Customer's interaction with its websites and Customer requests for its services. As a general matter, Carlstar collects the following types of Personal Data from its Customers: contact information, including a contact person's name, work email address, work mailing address, work telephone number, title, and company name.
When Customers use its online websites, Carlstar collects their IP address and browser type. Carlstar may associate IP address and browser type with a specific Customer. Carlstar also may collect Personal Data from individuals who reach it through its website to request additional information; in such a situation, Carlstar would collect contact information (as discussed above) and any other information the person chooses to submit through Carlstar’s website.
For certain products, Carlstar serves as a service provider to its Customers. As a service provider, Carlstar will receive, store, and/or process Personal Data owned and/or controlled by its Customers, including information about their employees, clients, Customers, agents, or other individuals. In such cases, Carlstar acts as a Data Processor and will process the personal information for and under the direction of each Customer. The information it thus collects from its Customers is used for managing transactions, reporting, invoicing, renewals, other operations related to serving its Customer, and as otherwise requested by the Customer.
Carlstar uses Personal Data it collects directly from its Customers or Third-Parties in its role as a service provider for the following business purposes, without limitation: (1) maintaining and supporting its products, delivering and providing the requested products/services, and complying with its related contractual obligations (including managing transactions, reporting, invoices, renewals, and other operations related to serving a Customer); (2) satisfying governmental reporting, tax, and other requirements (e.g., import/export); (3) storing and processing data, (including Personal Data), in computer databases and servers located in the United States; (4) verifying identity (e.g., for online access to accounts); (5) as requested by the Customer; (6) for other business-related purposes permitted or required under applicable local law and regulation; and (7) as otherwise required by law.
Article 4, Swiss Federal Data Protection Act (“DPA”) applies to Personal Data, which means all information relating to an identified or identifiable person. See Section XV for definition of Swiss Citizen. For Swiss Data Subjects, Personal Data may include, but is not limited to: company name, website, or URL address, and Tax Identification Number.
- DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided in this Policy, Carlstar discloses Personal Data only to Third- Parties who reasonably need to know such data. Such recipients must agree to abide by confidentiality obligations. Examples of Third-Parties that may receive personal information include analysts or consultants that have been contracted for Carlstar’s Customers employer (the Customer with which Carlstar is contracted) and will only be provided with advance written notice. All Third-Parties receiving personal information must have a written and effective confidentiality agreement between Customer and Third-Party and Carlstar and Third-Party that meets or exceeds Privacy Shield standards.
Carlstar may provide Personal Data to Third-Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under its instructions. For example, Carlstar may store such Personal Data in the facilities operated by Third-Parties. Such Third-Parties must agree to use such Personal Data only for the purposes for which they have been engaged by Carlstar, and they must: (1) comply with the Privacy Shield principles or another mechanism permitted by the applicable European and Swiss data protection law(s) for transfers and processing of Personal Data; or (2) agree to provide adequate protections for the Personal Data which are no less protective than those set out in this Policy. Carlstar also may disclose Personal Data for other purposes or to other Third-Parties when a Data Subject has consented to or requested such disclosure.
Carlstar protects its Employees’ Personal Data in the same manner it handles its Customers’ Personal Data. Paycom is Carlstar’s Employee payroll service, and is currently not GDPR compliant, but is reviewing its options to become GDPR compliant. Paycom advises it continually strives to adapt and implement best practices to comply with laws and regulations. Paycom, if presented with a request to remove an EU or Swiss Citizen’s Data Subject’s Personal Data, will perform an analysis of the viability of removing the Data Subject’s Personal Data, and to consider the effect of removing such Personal Data on current and future reporting in the system, payment of taxes, data retention obligations, and other compliance reporting obligations such as creating W2's, EEO, or ACA forms.
Carlstar may be forced to disclose an individual's personal information when compelled by a request or demand made by a recognized public authority or where required to meet national security and or law enforcement requirements.
In onward transfers to Third-Parties of data of EU and Swiss individuals received under the EU-U.S. and Swiss-U.S. Privacy Shield, Carlstar is potentially liable. Carlstar's liability under this agreement will be governed by the contract in place between Customer(s) and Carlstar.
- SENSITIVE DATA
Carlstar does not collect Sensitive Data, as defined in Section XV, from its Customers.
- DATA INTEGRITY AND SECURITY
Carlstar uses reasonable efforts to maintain and update the accuracy and integrity of Personal Data, as appropriate. Carlstar has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, electronically-stored Personal Data is kept on a secure network with firewall protection, and access to Carlstar's electronic information systems requires user authentication via password or similar means. Carlstar also employs access restrictions, limiting the scope of Employees who have access to Customers’ Personal Data. Further, Carlstar uses secure encryption technology to protect certain categories of Personal Data.
Despite these precautions, no data security safeguards guarantee complete and constant security.
- ACCESSING PERSONAL DATA
Carlstar personnel or Employees may access and use Personal Data only if such personnel are authorized to do so, and only for the purpose authorized.
- CUSTOMER’S RIGHT TO ACCESS, CHANGE, OR DELETE PERSONAL DATA
Carlstar’s Customers have the right to access their data at any time. Such Data Subjects have the right to know what Personal Data about them is included in the databases and to ensure such Personal Data is accurate and relevant for the purposes for which Carlstar collected it. Data Subjects may review their Personal Data stored in the databases and correct, erase, or block as permitted by applicable law, any data that is incorrect. Upon reasonable request and as required by the Privacy Shield principles, Carlstar allows Customers access to their Personal Data, to correct or amend such data where inaccurate. Upon closure of Customer accounts, Personal Data is removed from Carlstar’s system, and such is thus no longer accessible or editable.
In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Customers should submit a written request to Carlstar’s DPO. Data Subjects who have submitted their Personal Data to a Carlstar Customer should first notify the Customer to update their data.
Carlstar will track each of the following, and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority, unless such disclosure is prohibited by law or regulation; or (b) requests received from any Data Subject. If Carlstar receives a request for access a Customers’ Personal Data from a Third-Party, unless otherwise required under law or by contract with such Customer, Carlstar will refer such Data Subjects to the appropriate Third-Party.
Satisfying Requests for Access, Modifications, and Corrections. Carlstar will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Customer’s Personal Data.
Limiting Use of Personal Data. Carlstar’s Customers may request limitations on the use of Customers’ Personal Data specified in this agreement by notifying Carlstar at Jason.Little@carlstargroup.com.
- NOTIFICATION OF DATA BREACHES
A data breach is any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored, or otherwise processed by Carlstar. The Data Controller must report personal data breaches to a supervisory authority, and where the breach is likely to adversely affect the personal data or privacy of the data subject. Carlstar Employees are required to notify the Data Protection Officer and data owner of any data breach no later than 72 hours after becoming aware of the incident, unless the breach is unlikely to result in a risk to the rights and freedoms of natural persons.
- CHANGES TO THIS POLICY
This Policy may be periodically amended, consistent with the Privacy Shield Principles and applicable data protection, privacy laws, and principles. Carlstar will make Customers and Employees aware of changes to this policy by posting to website(s), through email, or other means. Carlstar will notify Customers if it makes changes that materially affect the way it handles Personal Data previously collected, and it will allow Customers to choose whether their Personal Data may be used in any materially different manner.
- QUESTIONS OR COMPLAINTS
Customers may reach Carlstar’s DPO with questions or complaints concerning this Policy at the following email address: Jason.Little@carlstargroup.com.
- ENFORCEMENT AND DISPUTE RESOLUTION
Customers with questions or concerns about the use of their Personal Data can reach Carlstar at Jason.Little@carlstargroup.com. In compliance with the Privacy Shield Principles, Carlstar commits to resolve complaints about its collection or use of Customers’ personal information. Individuals in the European Union with inquiries or complaints regarding Carlstar’s Privacy Shield policy should first reach Jason.Little@carlstargroup.com.
Carlstar has chosen the American Arbitration Association (“AAA”) for its dispute resolution procedures. A Customer, under certain conditions, may invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. More details about dispute resolution is available on the Privacy Shield website, at Annex I: https://www.privacyshield.gov/article?id=ANNEX-I-introduction
"Customer" means a prospective, current, or former partner (distributor or reseller), vendor, supplier, customer, or client of Carlstar. The term also shall include any individual agent, employee, representative, customer, or client of a Carlstar Customer where Carlstar has obtained such Third-Party’s Personal Data from such Customer as part of its business relationship with the Customer.
“Data Controller” means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
“Data Processor” means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the controller.
“Data Protection Officer” (“DPO”) means Carlstar’s appointed enterprise security leader required by the General Data Protection Regulation (“GDPR”). Carlstar’s DPO is responsible for overseeing Carlstar’s data protection strategy and implementation to ensure compliance with GDPR requirements. Carlstar’s DPO coordinates:
Jason Little, Esq.
Data Protection Officer
The Carlstar Group, LLC
725 Cool Springs Blvd. Suite 500
Franklin, TN 37067
"Data Subject" means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural, or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.
"Employee" means an Employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of Carlstar or any of its affiliates or subsidiaries, who may also be a resident of a country within the European Economic Area.
"Europe", “EU”, “European Union” or "European" refers to a country in, or a citizen of, the European Economic Area.
"Personal Data" as defined under the European Union Directive 95/46/EC and means data that personally identifies or may be used to identify personally a person, including an individual's name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data de-identified, anonymous, or publicly available. For Switzerland, the term "person" includes a natural person and a legal entity, regardless of the form of the legal entity.
"Sensitive Data" means Personal Data that discloses a Data Subject's medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
“Swiss” or “Switzerland” refers to a citizen or the country of, Switzerland, respectively.
"Third-Party" or “Third-Parties” means any individual or entity that is neither Carlstar nor a Carlstar employee, agent, contractor, or representative.