Last Updated: May 20, 2019
Octagon, Inc. ("Octagon") respects your concerns about privacy. Octagon participates in the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (collectively, the “Privacy Shield”) issued by the U.S. Department of Commerce. Octagon commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU, UK and Switzerland in reliance on the Privacy Shield. This Policy describes how Octagon implements the Privacy Shield Principles for Consumer Personal Data.
For purposes of this Policy:
"Client" means any talent or entity, such as a brand, for which Octagon provides consulting, marketing, activation services (such as hospitality or event fulfillment) or talent representation.
"Consumer" means any natural person who is located in the EU or Switzerland, but excludes any individual acting in his or her capacity as an Employee.
"Controller" means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
"Employee" means any current, former or prospective employee, contractor, intern or temporary worker of Octagon or any of its EU, UK or Swiss affiliates, or any related individual whose Personal Data Octagon processes in connection with an employment relationship, who is located in the EU, UK or Switzerland.
"EU" means the European Union and Iceland, Liechtenstein and Norway.
"Personal Data" means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by Octagon in the U.S. from the EU, UK or Switzerland, and (iii) recorded in any form.
"Privacy Shield Principles" means the Principles and Supplemental Principles of the Privacy Shield.
"Processor" means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
"Sensitive Data" means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (including trade union-related views or activities), sex life (including personal sexuality), information on social security measures, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposition of such proceedings, or the sentence of any court in such proceedings (including administrative proceedings and criminal sanctions).
“UK” means the United Kingdom.
Octagon's Privacy Shield certification, along with additional information about the Privacy Shield, can be found at https://www.privacyshield.gov/. For more information about Octagon's processing of Consumer Personal Data, please visit Octagon's Online Privacy Notice www.octagon.com/privacy-policy. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.
Types of Personal Data Octagon Collects
Octagon serves as both a Controller and a Processor with respect to the Consumer Personal Data it obtains and maintains.
As a Controller, Octagon obtains Personal Data about Consumers in various ways. For example, Octagon collects Personal Data from Consumers when they visit Octagon's website. The company may use this information for the purposes indicated in Octagon's Online Privacy Notice www.octagon.com/privacy-policy. The types of Personal Data Octagon collects in this manner include:
- Contact information, such as name, email and postal address, and telephone number; and
- other data collected automatically through our website (such as IP addresses, device ID, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our website, and dates and times of website visits).
In addition, Octagon obtains from Client representatives Personal Data such as contact information and payment or financial account data. Octagon uses this information to manage its relationships with its Clients, process payments, expenses and reimbursements, and carry out Octagon's obligations under its contracts with its Clients.
Octagon may also obtain Personal Data of its vendors' and service providers' representatives, such as contact information and payment or financial account data. Octagon uses this information to manage its relationships with its vendors and service providers, process payments, expenses and reimbursements, and carry out Octagon's obligations under its contracts with these parties.
Octagon also may obtain and use Consumer Personal Data in other ways for which Octagon provides specific notice at the time of collection.
As a Processor, Octagon receives Personal Data about its Clients and Clients' Consumers to provide services to its Clients (such as consulting, marketing, activation services (such as hospitality or event fulfillment) or talent representation). The types of Personal Data Octagon may collect as a Processor include:
- Contact information, such as name, email and postal address, and telephone number;
- employment information, such as office phone number, job title and location;
- age, date of birth and gender;
- driver’s license number;
- citizenship and resident status;
- photographs or video images;
- family information, such as marital status and dependents'/family members' names and contact details;
- social media posts and preferences;
- payment information, such as name, billing address and bank account information; and
- geolocation of Consumers' mobile devices to the extent Consumers consent to the collection of this data.
Octagon's privacy practices regarding the processing of Consumer Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
Octagon provides information in this Policy and Octagon's Online Privacy Notice www.octagon.com/privacy-policy about its Consumer Personal Data practices, including the types of Personal Data Octagon collects, the types of third parties to which Octagon discloses the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Data, and how to contact Octagon about its practices concerning Personal Data.
When Octagon acts as a Processor and Consumer Personal Data is transferred to Octagon in the U.S. on behalf of a Client, the Client is responsible for providing appropriate notice to its Consumers and obtaining the requisite consent.
Relevant information also may be found in notices pertaining to specific data processing activities.
When Octagon collects Consumer Personal Data in its role as a Controller, the company generally offers the relevant Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the Privacy Shield Principles, Octagon obtains opt-in consent for certain uses and disclosures of Sensitive Data. These Consumers may contact Octagon as indicated below regarding the company's use or disclosure of their Personal Data. Unless Octagon offers these Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy.
When Octagon obtains Consumer Personal Data in its role as a Processor for its Clients, Octagon’s Clients are responsible for providing the relevant Consumers with certain choices with respect to the Clients’ use or disclosure of the Consumers’ Personal Data.
Octagon may share certain Consumer Personal Data with its affiliates and subsidiaries. Octagon may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Octagon also reserves the right to transfer Consumer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
Accountability for Onward Transfer of Personal Data
This Policy and Octagon's Online Privacy Notice www.octagon.com/privacy-policy describe Octagon's sharing of Consumer Personal Data.
To the extent Octagon acts as a Controller, except as permitted or required by applicable law, Octagon provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. Octagon requires third-party Controllers to whom it discloses such Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify Octagon and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.
With respect to transfers of Consumer Personal Data to third-party Processors, Octagon (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Octagon’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify Octagon if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. Octagon remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless Octagon proves that it is not responsible for the event giving rise to the damage.
Octagon takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose Limitation
Octagon limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. Octagon does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes and consistent with its role as a Controller or Processor, Octagon takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, Octagon relies on its Consumers and Clients (with respect to Personal Data of Consumers with whom Octagon does not have a direct relationship) to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers (and Clients, as appropriate) may contact Octagon as indicated below to request that Octagon update or correct relevant Personal Data.
Subject to applicable law, Octagon retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.
Consumers generally have the right to access their Personal Data. Accordingly, to the extent
Octagon acts as a Controller, where appropriate, Octagon provides Consumers with reasonable access to the Personal Data Octagon maintains about them. Octagon also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. Octagon may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer's privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting Octagon as indicated below.
When Octagon obtains Consumer Personal Data in its role as a Processor for its Clients, Octagon's Clients are responsible for providing Consumers with access to the Personal Data and the right to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. In such circumstances, Consumers should direct their questions to the appropriate Octagon Client. When a Consumer is unable to contact the appropriate Client, or does not obtain a response from the Client, Octagon will provide reasonable assistance in forwarding the Consumer's request to the Client.
Recourse, Enforcement and Liability
Octagon has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. Octagon conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions Octagon makes about its Privacy Shield privacy practices are true and that Octagon’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
Consumers may file a complaint concerning Octagon's processing of their Personal Data. Octagon will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact Octagon as specified below about complaints regarding Octagon's Consumer Personal Data practices.
If a Consumer's complaint cannot be resolved through Octagon's internal processes, Octagon will cooperate with JAMS pursuant to the JAMS Privacy Shield Program, which is described on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield. JAMS mediation may be commenced as provided for in the JAMS rules. Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over Octagon. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Octagon's compliance with the Privacy Shield Principles.
When Octagon obtains Consumer Personal Data in its role as a Processor for its Clients, Consumers may submit complaints concerning the processing of their Personal Data to the relevant Client, in accordance with the Client's dispute resolution process. Octagon will participate in this process at the request of the Client or the Consumer.
How to Contact Octagon
To contact Octagon with questions or concerns about this Policy or Octagon's Consumer Personal Data practices, please email us at firstname.lastname@example.org or write to us at:
290 Harbor Drive
Stamford, CT 06902
Attn: VP Global Communications
Residents of the EEA or UK may write to us at:
2 Waterhouse Square
London EC1N 2AE
Attn: Administrative Assistant, International Marketing