Privacy Policy

This instrument is the Privacy Policy of the Keylingo Translations Family of Companies, which was adopted by each Keylingo Family Member as of February 28, 2013 (this “Privacy Policy”), with retroactive effect. The Keylingo Translations family of companies comprises the following entities (each, a “Keylingo FamilyMember”) operating under the tradename “Keylingo Translations” (and possibly other entities that also use this tradename).

Keylingo, L.L.C. is a Georgia limited liability company that produces translations for legacy clients and clients of Keylingo Translation Franchisees from its project management centers in Argentina and Peru (“Keylingo”). Keylingo’s head office is located at 3245 Peachtree Road, NE, Suite 500, Atlanta, GA 30326.

Keylingo Franco, LLC is a Georgia limited liability company that operates a system of franchised Keylingo Translations businesses (“KLGF”). KLGF’s head office is located at 3245 Peachtree Road, NE, Suite 500, Atlanta, GA 30326.

“Keylingo Franchisee” refers to the franchised Keylingo Translations businesses that operate under franchise agreements with KLGF. As of the date of this Policy, there are 24 Keylingo Franchisees, whose names and addresses are available upon request from the Chief Legal Officer of KLGF.

All Keylingo Family Members are aware that, as technology increasingly facilitates the circulation and exchange of information, there is a need for protocols to govern the collection, use and disclosure of personal information in a manner that recognizes the rights of individuals to manage their personal information and the needs of businesses to collect, use and disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances. This Privacy Policy provides the protocols that it is the policy of Keylingo Family Members to implement in this regard.


Definitions

The following definitions apply in this Privacy Policy:

“Collection” – the act of gathering, acquiring or obtaining personal information from any source, including from third parties, by any means.

“Consent” – voluntary agreement with what is being done or proposed. Consent can be either express or implied. Express consent is given explicitly, either orally or in writing. Express consent is unequivocal and does not require any inference on the part of the persons seeking the consent. Implied consent arises where consent may reasonably be inferred from the action or inaction of the individual.

“Disclosure” – making personal information available to other persons outside of a Keylingo Family Member.

“personal information” – means information about an identifiable individual, but does not include the name, title or business address, telephone number or email of an employee or other representative of an organization.

“Use” – treatment and handling of personal information within or among Keylingo Family Members.


PRINCIPLE 1: RECOGNITION AND ACCOUNTABILITY

Each Keylingo Family Member has an individual (its respective “Privacy Manager”) who is responsible for understanding what sort of personal information the Keylingo Family Member collects and how it is used. The Privacy Manger is also accountable for the Keylingo Family Member’s compliance with this Privacy Policy.

The Privacy Manager for Keylingo and KLGF is their Chief Legal Officer, and the Privacy Manager for each Keylingo Franchisee is its principal owner.

As a general rule, Keylingo Family Members do not collect personal information from clients, unless the client is an individual (which is not common) or the personal information is included within the content that the client provides for translation. Each Keylingo Family Member may collect personal information from prospective or actual employees or independently contracted linguists, language professionals, sales personnel or individuals. KLGF collects personal information from prospective and actual Keylingo Franchisees.


PRINCIPLE 2: IDENTIFYING PURPOSES

Each Keylingo Family Member shall identify the purposes for which personal information is collected before or at the time the information is collected, either by virtue of this Privacy Policy or by specific exception or addition to this Privacy Policy when necessary.

Generally, Keylingo Family members shall collect personal information only for the purposes of:
  • providing translation and/or interpretation services to clients (or quotes therefor);
  • producing (and procuring the production of) translations and/or interpretations for clients;
  • in the case of KLGF, the offer and sale of franchises and in support of Keylingo Franchisees;
  • in the case of Keylingo, identifying, engaging and communicating with linguists, project managers and other language professionals;
  • complying with governmental regulations, including primarily the offer and sale of franchises and export of content being translated and/or interpreted;
  • identifying and communicating with individuals interested in receiving information about the translation and/or interpretation services offered by Keylingo Family Members, and other marketing purposes;
  • hiring and employment purposes (including for independent contractors);
  • training; and
  • operating the Keylingo Translations website.

Keylingo Family Members generally use such personal information to carry on their respective businesses and serve their respective clients as described above. If a Keylingo Family Member collects personal information for a purpose not identified above, the purpose for collecting the personal information shall be identified at or before collection.

Keylingo Family Members do not sell, loan or otherwise make available personal information to any third party, unless required by law or a regulatory or financial audit (such as U.S. franchise regulations requiring disclosure of personal information of current and former franchisees, in the case of KLGF). Nor do Keylingo Family Members track personal information of individuals who visit the keylingo.com website (though all emails send to a keylingo.com email address to pass through the United States, regardless of final destination). All of Keylingo’s independently contracted linguists and project managers (and all Keylingo Franchisees) have signed confidentiality agreements regarding client information.


PRINCIPLE 3: CONSENT

The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except as provided by law.

A Keylingo Family Member will not (as a condition for providing or procuring translation and/or interpretation services for example) require an individual to consent to the collection, use or disclosure of personal information beyond what is necessary for the purposes of collection.

If a Keylingo Family Member acts as a service provider to another organization with respect to the collection, use or disclosure of personal information, the Keylingo Family Member shall obtain and adhere to any form of consent previously obtained by such organization.

The adequacy of any form of consent depends upon the circumstances, the type of information that is being collected and the reasonable expectations of the individual. Generally speaking, the more sensitive the information (such as heath records or employment evaluations), the consent must be more explicit or manifest Consent shall not be obtained through deception. If a client includes personal information within content to be translated, Keylingo Family Members will assume that the client has obtained consent for Keylingo Family Members (and subcontracted linguists and language professionals) to have access to and use of such personal information for such purposes.

An individual may withdraw a consent at any time, subject to legal or contractual restrictions and reasonable notice. The individual shall be informed of the implications of such withdrawal. In Canada, exceptions to the consent requirement are specified in the PIPEDA.


PRINCIPLE 4: LIMITING COLLECTION

A Keylingo Family Member shall limit collection of personal information to that which is necessary for the purposes identified above or for any identified special purpose. The information shall be collected by fair and lawful means.

Personal information shall not be collected indiscriminately. Both the amount and the type of information collected shall be limited to that which is necessary to fulfill the purposes identified.


PRINCIPLE 5: LIMITING USE, DISCLOSURE AND RETENTION

A Keylingo Family Member will not use or disclose Personal information for purposes other than those for which the information was collected, except with the consent of the individual or as required by law.

Keylingo Family Members currently use common (shared) contact management and communication systems, so personal information stored or used in either system may be available to all Keylingo Family Members, unless the individual requests otherwise. However, client’s project and billing data is generally available only to the client’s Keylingo Franchisee and to Keylingo and its project management teams in Argentina and Peru. Some Keylingo Franchisees also manage contact information for clients and prospective clients on their own personal contact management systems that are resident in their own computers and not available to Keylingo or KLGF.

Personal information of Keylingo’s or KLGF’s actual or prospective employees or independent contractors (or KLGF’s actual or prospective franchisees) is available only to Keylingo and KLGF and their personnel (which in the case of independently contracted linguists and project managers could include Keylingo’s vendor manager or the actual employer of Keylingo’s independently contracted project managers and linguists). Personal information of a

Keylingo Franchisee’s actual or prospective employees or independent contractors is available to that Keylingo Franchisee and possibly to KLGF personnel.

As one of the purposes for which members of the Keylingo Family collect, use and/or disclose personal information is the operation of their respective businesses, in the event that all or part of the assets of a Keylingo Family Member are sold to a new owner, all personal information, or that part of the personal information associated with the assets being sold, will be transferred (disclosed) to the new owner, subject to certain conditions. Either the new owner must agree to maintain and abide by this Privacy Policy for a minimum of six months, or the new owner must agree to send notices to all of the applicable Keylingo Family Member’s current customers advising them of the new owner’s privacy policy and providing them an easy and effective means of withdrawing their personal information from the transfer.


PRINCIPLE 6: ACCURACY

Personal information maintained by a Keylingo Family Member shall be accurate, complete and up-to-date, to the knowledge of the respective Keylingo Family Member and as necessary for the purposes for which the information is used.

The extent to which the personal information shall be accurate, complete and up-to-date will depend upon the use of the information, taking into account the interests of the individual. For example, this is particularly important where the information is being used to make some evaluation or judgment about the individual.


PRINCIPLE 7: SAFEGUARDS

A Keylingo Family Member will implement safeguards to protect the personal information maintained by such Keylingo Family Member, appropriate to the sensitivity of the information.

Each Keylingo Family Member’s security safeguards shall protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. The nature of the safeguards will vary according to the sensitivity of the information. At the moment the principle means of safeguarding shall be to limit access to the data bases used in common by Keylingo Family Members. Most personnel of Keylingo Family Members work in a variety of locations and access these programs and data from laptops. If an individual wishes his or her data in such common data bases to be unavailable to other Keylingo Family Members, except for the purposes identified above, then he or she may inform his or her Keylingo Family Member.

Each Keylingo Family Member’s Privacy Manager shall periodically make its personnel aware of the importance of maintaining the security of personal information.


PRINCIPLE 8: OPENNESS

A Keylingo Family Member will make readily available to individuals specific information about its policies and practices relating to the management of personal information.

Each Keylingo Family Member shall be open about its practices with respect to the management of personal information. Individuals shall be able to acquire generally understandable information about this Privacy Policy and the Keylingo Family Member’s implementation practices without unreasonable effort.

The information made available must include:
  • how the individual may contact the respective Privacy Manager;
  • advice that the individual can gain access to personal information by writing to the Privacy Manager with verification of identity and a request for information;
  • a description of the type of personal information held by the Keylingo Family Member, including a general account of its use;
  • information that explains the Keylingo Family Member’s protocols; and
  • what personal information is generally made available to related organizations.

PRINCIPLE 9: INDIVIDUAL ACCESS

A Keylingo Family Member shall inform an individual upon request of the existence, use and disclosure of his or her personal information. The individual shall be given access to that information and an opportunity to challenge the accuracy and completeness thereof (and to have it amended as appropriate).

Before granting an individual access to the personal information, a Keylingo Family Member must consult the respective Privacy Manager. In Canada for example, there are restrictions on the grant of access in PIPEDA where it would reveal personal information about a third party that cannot be severed from the information about the individual making the request (and in certain other circumstances there needs to be prior notification of governmental institutions).

Access may also be refused where the information is protected by attorney- or solicitor-client privilege; where revealing the information would also reveal confidential commercial information; where revealing the information could reasonably be expected to threaten the life or security of another individual; if the information was collected during an investigation of a breach of an agreement or a contravention of the laws of the U.S., Canada or a state/province on the expectation that the knowledge or consent or consent of the individual would compromise the availability or accuracy of the information; or where the information was generated in the course of a formal dispute resolution process.

Upon such a request, the Privacy Manager of the applicable Keylingo Family Member shall inform an individual whether or not the Keylingo Family Member holds personal information about the individual. When disclosure is made to the individual, the organization shall provide an account of the use that has been made or is being made of the information and an account of the third parties to which the information has been disclosed.

Where the request for access is with respect to personal information collected, used or disclosed in the course of serving a customer or other third party, the customer or other third party shall immediately be provided with a copy of the request.

Each Keylingo Family Member shall endeavor to respond to an individual’s request within 30 days and at minimal or no cost to the individual.

When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, the Keylingo Family Member will amend the information as required. Depending upon the nature of the information challenged, amendment could involve the correction, deletion or addition of information. Where appropriate, the amended information shall be transmitted to third parties having access to the information in question.


PRINCIPLE 10: CHALLENGING COMPLIANCE

n individual shall be able to address a challenge concerning compliance with this Privacy Policy to the respective Privacy Manager.

Each Keylingo Family Member’s Privacy Manager shall investigate all complaints from individuals about implementation of this Privacy Policy. If a complaint is found to be justified through either the internal or external compliant review process, the Privacy Manager will take appropriate measures. Where the complaint arises out of a customer matter, the customer shall be informed immediately.


CHANGES

From time to time Keylingo Family Members may make changes to this Privacy Policy to adapt to changing business conditions and for other reasons, which may include materially greater use and/or disclosure of any personal information.


Copyright © February 2013 Keylingo, L.L.C. and Keylingo Franco, LLC All Rights Reserved.