Safe Harbor Information

March, 2007

EthicsPoint respects individual privacy and values the confidence of its customers, their stakeholders, employees, business partners and others who may use our services. Not only do we strive to collect, use and disclose personal information in a manner consistent with the laws of the countries in which we do business, but we also aim to uphold the highest ethical standards in our business practices. This Safe Harbor Information page sets forth the privacy principles that EthicsPoint follows with respect to transfers of personal information, whether it is in electronic, paper or verbal format, between the United States and member states of the European Union, Iceland, Liechtenstein and Norway (the European Economic Area).

SAFE HARBOR

The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor Principles") to enable U.S. companies to satisfy European Union law requirements for adequate protection of 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 (OJ L 45, 15.2.2001, p.47). Consistent with its commitment to protect personal privacy, EthicsPoint adheres to the Safe Harbor Principles.

DEFINITIONS

"EthicsPoint" means EthicsPoint, Inc., its predecessors, and successors.

"Personal information" means any information or set of information that identifies or could be used by EthicsPoint, its customers or agents of its customers, it 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 personal information. "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, EthicsPoint will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.

PRIVACY PRINCIPLES

The following privacy principles are based on the Safe Harbor Principles.

  1. NOTICE: EthicsPoint is contracted by its customers to collect information on customers' behalf through reports of potentially unethical or illegal activities on the part of individuals that are employed or otherwise contracted to work for those entities. Reports are submitted by our customers' stakeholders, including employees, contractors, agents, vendors or customers, or members of the public at large. Information collected may include personal information about an individual. This information is collected to facilitate assessment and management of the reported activities by our customers.

    EthicsPoint is not responsible for the content of the information it collects, which may include personally identifying information, nor is EthicsPoint responsible for the way its customers treat personally identifying information included in reports.

    Where EthicsPoint 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, the types of non-agent third parties to which EthicsPoint discloses that information, and the choices and means, if any, EthicsPoint 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 EthicsPoint, or as soon as practicable thereafter, and in any event before EthicsPoint uses the information for a purpose other than that for which it was originally collected.
  2. CHOICE: Where EthicsPoint collects personal information directly from individuals in the EEA, EthicsPoint will offer individuals the opportunity to choose (opt-out) 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, EthicsPoint 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. EthicsPoint will provide individuals with reasonable mechanisms to exercise their choices.
  3. ONWARD TRANSFERS TO AGENTS: EthicsPoint will obtain assurances from its agents that they will safeguard personal information consistent with our policies. 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. Where EthicsPoint has knowledge that an agent is using or disclosing personal information in a manner contrary to our policy, EthicsPoint will take reasonable steps to prevent or stop the use or disclosure.
  4. SECURITY: EthicsPoint will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
  5. DATA INTEGRITY: EthicsPoint will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. EthicsPoint will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
  6. ACCESS: Upon request, EthicsPoint will grant individuals reasonable access to personal information that it holds about them. In addition, EthicsPoint will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
  7. ENFORCEMENT: EthicsPoint will conduct compliance audits of its relevant privacy practices to verify adherence to our policies. Any employee that EthicsPoint determines is in violation of its policies will be subject to disciplinary action up to and including termination of employment.

CONTACT INFORMATION

Questions or comments regarding our Safe Harbor certification should be submitted to EthicsPoint by mail or e-mail as follows:

EthicsPoint, Inc.
Office of the General Counsel
13221 SW 68th Parkway
Suite 105
Portland, OR 97223
USA
safeharbor@ethicspoint.com