respect to transfers of personal information from the European Economic Area (EEA) (which includes the
twenty-seven member states of the European Union (EU) plus Iceland, Liechtenstein and Norway) and from Switzerland
to the United States.
The United States Department of Commerce and the European Commission have agreed on a set of data protection
principles and frequently asked questions to enable U.S. companies to satisfy the requirement under European Union
law that adequate protection be given to personal information transferred from the EEA to the United States (the
"U.S.-EU Safe Harbor"). The EEA also has recognized the U.S.-EU Safe Harbor as providing adequate data protection
(OJ L 45, 15.2.2001, p.47). The United States Department of Commerce and the Federal Data Protection and
Information Commissioner (FDPIC) of Switzerland have agreed on a similar set of principles and frequently asked
questions to enable U.S. companies to satisfy the requirement under Swiss law that adequate protection be given to
personal information transferred from Switzerland to the United States (the “U.S.-Swiss Safe Harbor”). Consistent
with its commitment to protect personal privacy, Noam adheres to the principles set forth in the U.S.-EU Safe
Harbor and the U.S.-Swiss Safe Harbor (the “Safe Harbor Principles”).
the United States from the EEA and from Switzerland, in any format, including electronic, paper or verbal.
For purposes of this Policy, the following definitions shall apply:
“Agent” means any third party that collects or uses personal information under the instructions of, and solely
for, Noam or to which Noam discloses personal information for use on Noam's behalf.
“Noam” means Noam Inc., its predecessors, successors, subsidiaries, divisions and groups in the United States.
“Personal information” means any information or set of information that identifies or could be used by or on
behalf of Noam 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, trade union membership, views or activities, that concerns health or sex life,
information about social security benefits, or information on criminal or administrative proceedings and sanctions
other than in the context of pending proceedings. In addition, Noam will treat as sensitive personal information
any information received from a third party where that third party treats and identifies the information as
The privacy principles in this Policy have been developed based on the Safe Harbor Principles.
Where Noam 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 Noam discloses that information, the choices and means, if any, Noam offers individuals for limiting the
use and disclosure of personal information about them, and how to contact Noam. Notice will be provided in clear
and conspicuous language when individuals are first asked to provide personal information to Noam, or as soon as
practicable thereafter, and in any event before Noam uses or discloses the information for a purpose other than
that for which it was originally collected.
Where Noam receives personal information from its subsidiaries, affiliates or other entities in the EEA, 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.
Noam 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, Noam 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
Noam will provide individuals with reasonable mechanisms to exercise their choices.
Noam will use personal information only in ways that are compatible with the purposes for which it was collected
or subsequently authorized by the individual. Noam will take reasonable steps to ensure that personal
information is relevant to its intended use, accurate, complete, and current.
TRANSFERS TO AGENTS
Noam will obtain assurances from its agents that they will safeguard personal information consistently with this
Policy. 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), being subject to Swiss Federal Act on Data
Protection, Safe Harbor certification by the agent, or being subject to another European Commission or Swiss FDPIC
adequacy finding (e.g., companies located in Canada). Where Noam has knowledge that an agent is using or
disclosing personal information in a manner contrary to this Policy, Noam will take reasonable steps to prevent
or stop the use or disclosure.
ACCESS AND CORRECTION
Upon request, Noam will grant individuals reasonable access to personal information that it holds about them. In
addition, Noam will take reasonable steps to permit individuals to correct, amend, or delete information that is
demonstrated to be inaccurate or incomplete.
Noam will take reasonable precautions to protect personal information in its possession from loss, misuse and
unauthorized access, disclosure, alteration and destruction.
Noam will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any
employee that Noam determines is in violation of this policy will be subject to disciplinary action up to and
including termination of employment.
Any questions or concerns regarding the use or disclosure of personal information should be directed to the Noam
Privacy Office at the address given below. Noam will investigate and attempt to resolve complaints and disputes
regarding use and disclosure of personal information by reference to the principles contained in this Policy. For
complaints that cannot be resolved between Noam and the complainant, Noam has agreed to participate in the
following dispute resolution procedures in the investigation and resolution of complaints to resolve disputes
pursuant to the Safe Harbor Principles:
Noam has agreed to JAMS dispute resolution. Individuals who submit a question or concern to Noam and who do
not receive acknowledgment from Noam of the inquiry or who think their question or concern has not been
satisfactorily addressed should then contact the JAMS on the Internet, by mail or by fax.
for disputes involving all personal information received by Noam from Switzerland, Noam has agreed and to
cooperate with the Swiss FDPIC;
for disputes involving employment-related personal information received by Noam from the EEA, Noam 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.
LIMITATION ON APPLICATION OF PRINCIPLES
Adherence by Noam to these Safe Harbor 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.
Noam sees the Internet and the use of other technology as valuable tools to communicate and interact with
consumers, employees, healthcare professionals, business partners, and others. Noam recognizes the importance of
Statement (the "IPP") governing the treatment of personal information collected through web sites that it
operates. With respect to personal information that is transferred from the European Economic Area or Switzerland
to the U.S., the IPP is subordinate to this Policy. However, the IPP also reflects additional legal requirements
Questions or comments regarding this Policy should be submitted to the Noam Privacy Office by email to:
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. A
is changed in a material way.
EFFECTIVE DATE: MAY 1, 2015