Safe Harbor

Gemba Academy respects the privacy of our employees, consumers, business partners and others. Gemba Academy strives to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business and uphold the highest ethical standards in its business practices. This Safe Harbor Policy Statement (the “Policy Statement”) sets forth the privacy principles Gemba Academy follows with respect to transfers of personal information from the European Economic Area (“EEA”) (which includes the twenty-eight member states of the European Union (“EU”), and Iceland, Liechtenstein and Norway) and from Switzerland to the United States (“U.S.”).

Safe Harbor

The U.S. Department of Commerce and the European Commission have agreed on a set of data protection principles to enable U.S. companies to satisfy requirements under EU laws related to the transfers of personal information from the EEA to the U.S. (the “U.S. – EU Safe Harbor”). In addition, the U.S. Department of Commerce and the Federal Data Protection and Information Commissioner (“FDPIC”) of Switzerland have agreed on a similar set of data protection principles to enable U.S. companies to satisfy requirements under Swiss data protection law related to the transfers of personal information from Switzerland to the U.S. (the “U.S. – Swiss Safe Harbor”). To further its commitment to protect personal privacy, Gemba Academy complies with, and has certified its adherence to, the data protection principles (the “Principles” as described below) of both the U.S.-EU Safe Harbor and U.S.-Swiss Safe Harbor.
For further information about the Safe Harbor Program, see the U.S. Department of Commerce website at www.export.gov/safeharbor/.

Scope

This Policy Statement applies to all personal information received by Gemba Academy in the U.S. from the EEA and from Switzerland, in any format including electronic, paper or verbal.

Definitions

For purposes of this Policy Statement, the following definitions shall apply:“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, Gemba Academy or to which Gemba Academy discloses personal information for use on Gemba Academy's behalf.
“Gemba Academy” means Gemba Academy LLC, and each of its predecessors, successors, subsidiaries, business units, divisions and groups in the United States.
“Personal information” means information relating to an individual whose identity is apparent, or can be ascertained, from the information, by direct or indirect means. Alternatively, Personal Information may be thought of as information that can, either alone or in combination with other information, identify, or be used to contact or locate a single individual.

Data Protection Principles

Notice. When Gemba Academy collects personal information directly from individuals in the EEA and Switzerland, it will inform them about the purposes for which it collects and uses personal information about them, the types of third parties to which Gemba Academy discloses the information, the choices and means, if any, Gemba Academy offers individuals for limiting the use and disclosure of personal information about them, and how to contact Gemba Academy. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Gemba Academy, or as soon as practicable thereafter, and in any event before Gemba Academy uses or discloses the information for a purpose other than that for which it was originally collected.
When Gemba Academy receives personal information from its subsidiaries, affiliates or other entities in the EEA or Switzerland, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.
ChoiceGemba Academy will offer individuals whose personal information is collected in the EEA or Switzerland and transferred to the U.S. the opportunity to choose whether (opt-out) their personal information is (a) to be disclosed to a third party that is not an agent, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
Gemba Academy will provide individuals with clear and conspicuous, readily available mechanisms to exercise these choices.
Data Integrity: Gemba Academy will use personal information only in ways that are compatible with the purposes for which it has been collected or subsequently authorized by the individual. To the extent necessary for those purposes, Gemba Academy will take reasonable steps to ensure that personal information is reliable for its intended use, accurate, complete, and current.
Transfers to Agents (Onward Transfers)When disclosing personal information from individuals in the EEA or Switzerland to a third party, Gemba Academy applies the Notice and Choice Principles. Where Gemba Academy wishes to transfer such personal information to a third party that is acting as an agent, it will only do so if: (a) the agent certifies that it participates in the U.S.-EU Safe Harbor or the U.S.-Swiss Safe Harbor; (b) Gemba Academy first ascertains that the agent subscribes to the Principles; (c) the agent is subject to EU Directive 95/46/EC, the Swiss Federal Act on Data Protection, and/or another adequacy finding; or (d) Gemba Academy enters into a written agreement requiring the agent provide at least the same level of privacy protection as is required by the Principles.
If Gemba Academy has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy Statement, it will take reasonable steps to prevent or stop such use or disclosure.
Access and CorrectionUpon request, Gemba Academy will grant individuals reasonable access to personal information that it holds about them. In addition, Gemba Academy will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
Security: Gemba Academy takes reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
Enforcement: Gemba Academy has established procedures for periodically verifying its compliance with the Principles, including annual self-assessments of its relevant privacy practices to confirm the accuracy of, and verify its adherence to, this Policy Statement.
Dispute Resolution: Any questions, concerns or complaints regarding this Policy Statement should be directed to Gemba Academy‘s Privacy Office at the address provided below. Gemba Academy will investigate and attempt to resolve complaints and disputes regarding this Policy Statement. However, for complaints or disputes that cannot be resolved, Gemba Academy has agreed to participate in the following dispute resolution mechanisms:

  • For disputes involving employee personal information received by Gemba Academy from Switzerland, Gemba Academy has agreed to cooperate with the Swiss FDPIC; and
  • For disputes involving employee personal information received by Gemba Academy from the EEA, Gemba Academy has agreed to cooperate with the data protection authorities in the EEA and to participate in the dispute resolution procedures of the panel established by the European data protection authorities.
  • For all other disputes involving personal information transferred from the EEA, Gemba Academy will cooperate with JAMS, an arbitration and mediation service provider, under the JAMS International Mediation Rules. Individuals may submit a complaint to JAMS pursuant to its rules, which are accessible on the JAMS web site at www.jamsadr.com/rules-international-rules.

Contact Information

Questions or comments regarding this Policy Statement can be submitted to the Gemba Academy at:
Gemba Academy LLC
PO Box 1403
Morro Bay, CA 93443
United States

Limitations

Adherence by Gemba Academy to the Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; and (c) to the extent expressly permitted by an applicable law, rule or regulation.

Changes to this Policy Statement 

This Policy Statement may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. A notice will be posted on this page of the Gemba Academy website for at least 60 days whenever this Policy Statement is changed in a material way.

REVISED: 1 August 2015