I. DATA PRIVACY FRAMEWORK POLICY

Purpose
Elevate and its U.S. Affiliates comply with the EU-U.S. Data Privacy Framework (the “EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF (the “UK Extension”), and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as set forth by the U.S. Department of Commerce.  Elevate has certified to the U.S. Department of Commerce that it adheres to the (i) EU-U.S. DPF Principles (the “ EU-U.S. DPF Principles”) regarding the processing of personal data received from the European Union and European Economic Area in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension, and (ii) Swiss-U.S. DPF Principles (the “Swiss-U.S. DPF Principles”) regarding the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  The PDF Principles shall govern if there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the UK Extension, and/or the Swiss-U.S. DPF Principles.  To learn more about the Data Privacy Framework program and to view our certification, please visit https://www.dataprivacyframework.gov/.

This Policy is separate from the Privacy Statement applicable to users of Elevate’s website and privacy policies governing human resources data of Elevate’s Associates. For human resource data transferred from the EU, UK, and Switzerland in the context of the employment relationship, Elevate commits to cooperate with the EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO), and the Swiss Federal Data Protection and Information Commissioner (FDPIC).

Policy

1. Collection of Personal and Sensitive Data
   Elevate provides services to corporate legal departments and law firms globally. These services include, but are not limited to, litigation support services, including data processing, document review and production, medical bill review, legal process services, business administration services, information technology services, and consulting services. While providing services to its customers, Elevate may, directly or through an Elevate Affiliate, receive or collect Personal Data or Sensitive Information from its customers. This data may be disclosed to third-party service providers to assist Elevate in providing services to Elevate’s customers. Human resource data may be disclosed to third-party service providers to assist with background checks, payroll, and other human resources activities.
2. Use of Personal and Sensitive Data
   Elevate will only access or use Personal Data or Sensitive Information while performing services requested by its customers under its contractual obligations.
3. Onward Transfer/Potential Liability for Acts of Third-Party
   Elevate is a B2B company and does not disclose Personal Data or Sensitive Information to third parties unless done under the direction and consent of its customers. Elevate’s accountability for data received under the EU-U.S. DPF, the UK Extension, and the Swiss-U.S. DPF and subsequent transfer of that data to third parties is detailed in the DPF Principles. In cases of onward transfer to third parties of data of EU individuals received under the EU-U.S. DPF, UK individuals received under the UK Extension, and Swiss individuals received under the Swiss-U.S. DPF, Elevate is potentially liable. In particular, Elevate remains responsible and liable under the DPF Principles if third-party agents that it engages to process Personal Data or Sensitive Information on its behalf do so in a manner inconsistent with the DPF Principles unless Elevate proves that it is not responsible for the event giving rise to the damage.
4. Access and Choice
   EU, UK, and Swiss individuals have the right to access Personal Information or Sensitive Information about them, and the choice to limit the use and disclosure of their Personal or Sensitive Data. If you wish to request access to your Personal or Sensitive Data for such purposes, please contact our privacy team at dpo@elevate.law or send a written request to the contact information in the “Recourse Mechanism” section.

   If your Personal Information or Sensitive Information changes or you change your preference for receiving information from us, send us a request specifying your updated information or your new choice. Send such requests to dpo@elevate.law or mail with the contact information in the “Recourse Mechanism” section.

5. Safeguards
   Elevate, its Affiliates, and its third-party contractors maintain physical, electronic, and procedural safeguards designed to secure Personal and Sensitive Data and to prevent against the unauthorized or unlawful destruction, loss, alteration, or disclosure of the same. Elevate, its Affiliates, and its third-party contractors perform their own assessments of their compliance with this Privacy Policy and all applicable laws and regulations.
6. Recourse Mechanism
   In compliance with the DPF Principles, Elevate commits to resolving complaints about your privacy and our collection or use of your Personal Information or Sensitive Information. European Union, UK, and Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Elevate using the following information:

   Elevate Services, Inc.
   Attn: General Counsel
   2375 E. Camelback Rd, Suite 690, Phoenix, AZ, 85016
   E-mail: dpo@elevate.law

   While Elevate commits to resolving complaints in the processing of personal data, if we have not resolved your complaints to your satisfaction, you can alternatively contact the responsible organization for more information or to file a complaint.

   Elevate has further committed to refer unresolved Data Privacy Framework complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS for more information or to file a complaint. The services of JAMS are provided at no cost to you.

7. Arbitration
   Under certain conditions, an individual can invoke binding arbitration regarding complaints of Elevate’s DPF compliance not resolved by any of the other recourse mechanisms provided. For more information visit the Data Privacy Framework website.
8. Lawful Disclosure
   Elevate is required to disclose information in response to lawful requests by public authorities. This includes meeting national security or law enforcement requirements placed on Elevate. Elevate may voluntarily issue a periodic transparency report on the number of requests for Personal Information or Sensitive Information it has received by public authorities for law enforcement or national security purposes. Such reports will only be issued to the extent such disclosures are permissible under applicable law.
9. Enforcement and Investigative Power
   Elevate is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Changes to this Privacy Policy. Elevate reserves the right to change this Privacy Policy from time to time consistent with applicable privacy laws and principles. Unless such changes afford greater protections regarding Personal or Sensitive Data, such changes will apply only to Personal or Sensitive Data received after the effective date of such change.

Definitions of Terms Used in this Privacy Policy:

“Affiliates” means any corporation, partnership, limited liability company, or other entity directly or indirectly controlled by, or under the common control of, Elevate Services, Inc.

“Associates” means an employee or independent contractor of Elevate or an Elevate Affiliate.

“Data Subject” means the natural person who is the subject of, and identified in, Personal or Sensitive Data.

“Elevate” means Elevate Services, Inc., incorporated under the laws of the state of Delaware having its corporate headquarters in Phoenix, Arizona, USA.

“European Union” or “EU” means the European Union consisting of its Member States, covered by the European Union Data Protection Directive.

“Personal Data” or “Personal Information” means any information relating to an identified or identifiable natural person; an identifiable natural person can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural, or social identity. By way of example, data such as an individual’s name, address, phone number, email address, user ID and password, personal billing information or credit card information. Personal Data does not include data that is encoded or anonymized, or publicly available information that has not been combined with non-public Personal Data.

“Sensitive Information” or references to “Sensitive Data” means personal information specifying medical or health condition, race, or ethnicity, political, religious, or philosophical affiliations or opinions, sexual orientation, or trade union membership.

“EU-U.S. Data Privacy Framework (EU-U.S. DPF) or the UK Extension to the EU-U.S. DPF, or the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF)” means the adequacy decision that allows for legal collection, use or retention of transfers of personal data of EU, UK, and Swiss persons outside of the EU, UK, and Switzerland to the United States. Certified DPF members must abide by the DPF Principles which are available at the DPF website provided below. All certified members of the framework are also available for viewing via a list provided on the DPF website.

II. STATE NOTICES
1. Notice to California Residents
Updated: June 3, 2020
A. Shine the Light Act and Disclosing Information to Third Parties
Elevate Services, Inc. and its affiliates (“Elevate”) are B2B companies, do not intend their services are for personal, family, or household purposes, and do not process personal information of individual persons except for website visitors. Elevate may disclose personal information to third parties for the following essential business reasons:

Applicable personal data processing done under the instructions of our customers.
Instructions given to our suppliers regarding HR and payroll data.
Elevate does not share any personal information with third parties for their direct marketing purposes. California residents with established business relationships with Elevate under California law may, once a year, request information about the manner in which Elevate shared certain categories of information with others for their marketing purposes during the prior calendar year. For guidance on how to exercise this right, please refer to the “Contact” section below.

B. California Consumer Privacy Act (“CCPA”) Privacy Notice
Who is protected under the CCPA
The CCPA protects the privacy rights of (1) every individual who is in the state of California (the “State”) for any purpose other than a temporary or transitory purpose, and (2) every individual domiciled in the State who may be outside the State for a temporary or transitory purpose.

Collection of Personal Information
Elevate does not sell Personal Information to third parties for monetary consideration but we may transfer information to a third party providing us with services, which may fall under the definition of “other valuable consideration,” which could be considered a ‘sale’ under the CCPA. “Personal information,” for CCPA purposes, means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California. During the past 12 months Elevate has collected the following categories of information from our website visitors for the corresponding purpose stated below. Any collected data is deleted after 12 months.

Collection and processing of Personal Information from business activities like HR recruitment and Personal Information processing under the instructions of our customers are done in fulfillment of a contractual obligation or by legitimate interest. Retention of personal data follows Elevate internal retention policies, contractual obligation with our customers, and legal data retention requirements.

Your Rights under the CCPA
The CCPA substantially limits the rights of our associates and those associated of entities with whom we transact business with respect to information we collect in those contexts. As of January 1, 2020, verified California residents (“You” or “Your” in this section) not otherwise excluded by statute will have the following rights:

1. Right to Notice – You have the right to receive full disclosure regarding (a) when Elevate collects Personal Information, the categories of data Elevate collects, the business purpose(s) for which these are collected, and specific Personal Information collected and (b) if Elevate “sells” or transfers Personal Information to third parties, or otherwise discloses Personal Information for a business purpose, the categories of Personal Information collected/sold, third parties sold to, and business purposes that necessitated selling or disclosure of Your Personal Information by Elevate;
2. Right to Access – You may make a verified request to access Your Personal Information that Elevate collected from You, as well as other matters in relation to that, such as the categories of Personal Information collected from You, specific Personal Information collected, and the categories of third parties with whom Your Personal Information is shared;
3. Right to Opt-out – Should Elevate begin selling Personal Information about You to third parties, you have the right, at any time, to direct Elevate to not “sell” Your Personal Information;
4. Right to Deletion – You have the right to request that Elevate delete all the information it has collected about You. Elevate may retain Your information in a few permitted instances. These instances include, but are not limited to, completing the transaction for which it was collected, detecting security incidents, compliance with legal obligations or applicable laws, or for other internal uses reasonably aligned with the consumer’s expectations; and
5. Right to equal services and prices – You have the right to non-discrimination in relation to Your exercise of Your CCPA rights. Elevate is prohibited from denying goods or services, charging different prices or rates, providing a different level or quality, or suggesting that You will receive a different price or rate or a different level or quality of goods or services if You choose to exercise Your rights under the CCPA.
   For guidance on how to exercise these rights, please refer to the “Contact” section below.