The Privacy Principles EPAG Follows
There are ten principles that form the basis of EPAG’s policy. These principles are interrelated and EPAG adheres to them as a whole. Each principle must be read in conjunction with the accompanying commentary. The commentary in EPAG’s policy may be tailored to reflect personal information issues specific to EPAG.
To better understand our policy, EPAG has set out some basic definitions to use when reading and interpreting the principles below:
Collection: the act of gathering, acquiring, recording, or obtaining personal information from any source, including third parties, by any means.
Consent: voluntary agreement with the collection, use, and disclosure of personal information for defined purposes. Consent can be provided directly by the individual or by an authorized representative of an entity.
Customer: an individual or entity that uses, or applies to use, EPAG’s products or services including, but not limited to, both resellers and registrants.
Disclosure: making personal information available to a third party.
Personal information: information about an identifiable individual that is recorded in any form; this does not include aggregated information that cannot be associated with an individual. For a customer, such information does not include information that is aggregated in such a manner that it cannot be connected to them and/or information that is publicly listed in a written or online directory.
Third party: an individual or organization outside EPAG.
Use: the treatment, handling, and management of personal information by and within EPAG.
Principle 1: Accountability
EPAG is responsible for personal information under its control. In response, it has designated its Data Protection Officer (“DPO”) as accountable for the company’s compliance with the following principles.
- Responsibility for ensuring compliance with the provisions of the EPAG policy rests with the Legal Department within EPAG, which shall designate one or more persons to be accountable for compliance with the EPAG policy. Other individuals within EPAG may be delegated to act on behalf of the designated person(s) or to take responsibility for the day-to-day collection and processing of personal information. The DPO has been designated in order that EPAG may ensure that consumers have a resource to answer their privacy-related inquiries.
- EPAG shall make known, upon request, the identity of the person or persons designated to oversee EPAG’s compliance with its policy.
- EPAG is responsible for personal information in its possession or control. EPAG shall use appropriate means to provide a comparable level of protection while information is being processed by a third party.
- EPAG shall implement policies and practices to give effect to these principles, including:
- Implementing procedures to protect personal information and to oversee EPAG’s compliance with its policy;
- Establishing procedures to receive and respond to inquiries or complaints;
- Training and communicating to staff about EPAG’s policies and practices; and
- Developing information to explain EPAG’s policies and practices.
Principle 2: Identifying Purposes for Collection of Personal Information
EPAG shall identify the purposes for which personal information is collected within a reasonable period after obtaining the data, and prior to using the data.
- EPAG collects personal information only for the following purposes:
- To establish and maintain responsible commercial relations with customers and to provide ongoing services and offers;
- To understand customer needs;
- To develop, enhance, market, or provide products and services;
- To manage and develop EPAG’s business and operations, including personnel and employment matters; and
- To meet legal, regulatory, and contractual requirements.
- EPAG shall specify orally, electronically, or in writing the identified purposes to the customer or employee at the time personal information is collected or within a reasonable period. Upon request, persons collecting personal information shall explain these identified purposes or refer the individual to a designated person within EPAG who shall explain the purposes.
- Unless required by law, EPAG shall not use or disclose for any new purpose personal information that has been collected without first identifying and documenting the new purpose and obtaining the consent of the customer.
Principle 3: Obtaining Consent for Collection, Use, or Disclosure of Personal Information
The knowledge and consent of a customer is required for the collection, use, or disclosure of personal information, except where inappropriate.
NOTE: In certain circumstances personal information can be collected, used, or disclosed without the knowledge and consent of the individual. For example, when required to fulfil a contract or when information is being collected for the detection and prevention of fraud or for law enforcement, seeking the consent of the individual might defeat the purpose of collecting the information.
- In obtaining consent, EPAG shall use reasonable efforts to ensure that a customer is advised of the identified purposes for which personal information collected will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the customer or employee.
- Generally, EPAG shall seek consent to use and disclose personal information at the same time it collects the information. However, EPAG may seek consent to use and disclose personal information after it has been collected but before it is used or disclosed for a new purpose.
- EPAG will only require customers to consent to the collection, use, or disclosure of personal information as a condition to the supply of a product or service if such collection, use, or disclosure is required to fulfill the identified purposes.
- In determining the appropriate form of consent, EPAG shall take into account the sensitivity of the personal information and the reasonable expectations of its customers.
- Unless required by contract, EPAG will obtain express consent within a reasonable period after obtaining the data and prior to using the data.
- A customer may withdraw consent at any time, subject to legal, regulatory, or contractual restrictions and reasonable notice. For example, if consent is required to perform the service requested by the customer, withdrawal of consent may result in termination of the service. Customers may contact EPAG at the address below for more information regarding the implications of doing so.
Principle 4: Limiting Collection of Personal Information
EPAG shall limit the collection of personal information to that which is necessary for the identified purposes. EPAG shall collect personal information by fair and lawful means.
- EPAG collects personal information primarily from its customers.
- EPAG may also collect personal information from other sources including but not limited to credit bureaus or other third parties who represent that they have the right to disclose the information.
Principle 5: Limiting Use, Disclosure, and Retention of Personal Information
EPAG shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by a registry or by law. EPAG shall retain personal information only as long as necessary for the fulfillment of those purposes or as required by law.
- EPAG may disclose a customer’s personal information to:
- A registrant or end-user’s reseller;
- A third party service provider for the efficient and cost-effective provision of services purchased through the Websites;
- Another person or corporation as part of conducting business together or pursuant to the sale of all or substantially all of EPAG’s assets related to one or more specific lines of business;
- A company involved in supplying communications or communications directory related services;
- A company or individual employed by EPAG to perform functions on its behalf;
- Another company or person for the development, enhancement, marketing, or provision of any of EPAG’s products or services;
- An agent or third party retained by EPAG in connection with EPAG’s administration or the provision of EPAG’s products or services;
- An agent used by EPAG to evaluate the customer’s creditworthiness or to collect the customer’s account;
- Credit grantors and reporting agencies;
- A public authority or agent of a public authority, if in the reasonable judgment of EPAG, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of this information;
- A person who, in the reasonable judgment of EPAG, is seeking the information as an agent of the customer; and
- A third party or parties, where the customer consents to such disclosure or disclosure is required by law or emergency.
EPAG reserves the right to contact persons at any time regarding account status, changes to services, and other matters relevant to underlying services and/or personal information. Except as permitted in this Principle, EPAG does not provide or sell its customer lists to any outside company for use in marketing or solicitation.
Principle 6: Accuracy of Personal Information
Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
- Personal information used by EPAG shall be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a customer.
- EPAG shall update personal information about customers as and when necessary to fulfill the identified purposes or upon notification by the individual.
Principle 7: Security Safeguards
EPAG shall protect personal information by implementing security safeguards appropriate to the sensitivity of the information.
- EPAG shall protect personal information against such risks as loss, theft, unauthorized access, disclosure, copying, use, modification, or destruction, through appropriate security measures. EPAG shall protect the information regardless of the format in which it is held.
- EPAG shall protect personal information it discloses to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.
- All of EPAG’s employees with access to personal information shall be required as a condition of employment to contractually respect the confidentiality of personal information.
Principle 8: Openness Concerning Policies and Practices
EPAG shall make readily available to customers and employees specific information about its policies and practices relating to the management of personal information.
- EPAG shall make information about its policies and practices easy to understand, including:
- The title and address of the DPO, who is accountable for EPAG’s compliance with the policy and to whom inquiries or complaints can be forwarded;
- The means of gaining access to personal information held by EPAG; and
- A description of the type of personal information held by EPAG, including a general account of its use.
Principle 9: Customer Access to Personal Information
EPAG shall inform a customer of the existence, use, and disclosure of their personal information upon request and shall give the individual access to that information. A customer shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
NOTE: In certain situations, EPAG may not be able to provide access to all of the personal information it holds about a customer. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security, commercial proprietary reasons, or information that is subject to attorney-client or litigation privilege. EPAG shall provide the reasons for denying access upon request.
- Upon request, EPAG shall afford customers a reasonable opportunity to review the personal information it holds. Personal information shall be provided in understandable form within a reasonable time and at a minimal or no cost to the individual.
- Upon request, EPAG shall provide an account of the use and disclosure of personal information. In providing an account of disclosure, EPAG shall provide a list of organizations to which it may have disclosed personal information about the individual when it is not possible to provide an actual list.
- In order to safeguard personal information, a customer may be required to provide sufficient identification information to permit EPAG to account for the existence, use, and disclosure of personal information and to authorize access to the individual’s file. Any such information shall be used only for this purpose.
- EPAG shall promptly correct or complete any personal information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the individual’s file. Where appropriate, EPAG shall transmit to third parties having access to the personal information in question any amended information or the existence of any unresolved differences.
- Customers can obtain information or seek access to their individual files by contacting a designated representative at EPAG’s business offices as described below.
Principle 10: Challenging Compliance
A customer shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for EPAG’s compliance with the policy.
- EPAG shall maintain procedures for addressing and responding to all inquiries or complaints from its customers about EPAG’s handling of personal information.
- EPAG shall inform its customers about the existence of these procedures as well as the availability of complaint procedures.
- The person or persons accountable for compliance with EPAG’s policy may seek external advice where appropriate before providing a final response to individual complaints.
- EPAG shall investigate all complaints concerning compliance with the policy. If a complaint is found to be justified, EPAG shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures.
For more information:
Please feel free to contact us directly using the following contact information:
EPAG Domainservices GmbH
5 December 2018