Personal Data Privacy Policy

Policy Authority
Policy Owners	US HR Voice: 1-972-577-6777 or 1-888-557-3768
Leadership Approval	Darcy Anderson

Applicable Audience
Geographic Regions	This is a global policy.
Associate Audience	All Perot Systems Associates.

Summary of Intent
Perot Systems’ relationships with our Associates and their families and our clients are based on integrity and trust. We are committed to maintaining this trust by protecting the privacy of personal data disclosed to us by Associates and their families and received by us from other sources at any time before, during and after employment by Perot Systems. As part of this commitment, Perot Systems will comply in all material respects with:

the European Union Privacy Directive (directive 95/46/EC) and implementing legislation enacted by the member states of the European Union with respect to Perot Systems operations in those member states;
the Safe Harbor Privacy Principles agreed between the United States of America and the European Union in connection with the European Privacy Directive with respect to Perot Systems operations in the United States;
the Health Insurance Portability and Accountability Act of 1996, as amended from time to time, including all final rules and regulations promulgated thereunder with respect to Perot Systems operations in the United States, and
all other privacy laws, rules and regulations that apply to Perot Systems or its clients where Perot Systems has operations.

This policy describes:

the personal data that Associates and their families typically disclose to Perot Systems or that Perot Systems typically receives from other sources before, during or after employment by Perot Systems, that is collected by Perot Systems;
how Perot Systems typically discloses or uses the personal data Perot Systems collects;
the Associates and other business organizations that typically have access to the personal data that Perot Systems collects;
how Perot Systems protects the personal data it collects;
Associate rights to review and correct the personal data Perot Systems collects;
how to notify Perot Systems about improper disclosures and uses of personal data and the action Perot Systems will or may take after discovering that personal data Perot Systems has collected has been improperly disclosed or used; and
the circumstances under which Associates will be given a choice to “opt out” or decline Perot Systems’ disclosure of their personal data.

This policy applies to (1) Perot Systems Corporation, (2) the corporations, joint ventures and other business organizations that are owned or controlled by Perot Systems Corporation, and (3) the employees and independent contractors of Perot Systems Corporation and the joint ventures and other business organizations it owns or controls who receive Personal Data . References in this policy to “Perot Systems” include all the business organizations described in clauses (1), (2) and (3). References in this policy to “Associates” include all natural persons described in clause (3).

Nothing in this policy is intended to imply, nor will anything in this policy be deemed to create, any ownership interest or privacy right in any voice or data transmission over Perot Systems’ voice or data networks. Perot Systems retains ownership of, and the right to inspect, copy, retain and intercept, all e-mail, voice mail, telephone conversations and other electronic communications created using or transmitted over Perot Systems’ voice or data networks.

Policy Specifics

I. Definitions

“Business personal data” means personal data that is reasonably necessary to be known or disclosed for an Associate (1) to perform his or her job functions effectively and efficiently, or (2) to be lawfully evaluated for specific work assignments. Business personal data includes an Associate’s name, title, job function, work experience, performance evaluations, office address, telephone number, and e-mail address, and, where Perot Systems pays, or reimburses an Associate, for the services, pager and cellular telephone numbers and activity history. Data relating to expenses charged to credit cards sponsored by Perot Systems are also business personal data. For Associates who are in leadership positions or have on-call responsibilities, a home telephone number may be treated as business personal data only if Perot Systems does not provide a pager or cellular telephone to the Associate.

“HIPAA” means the Health Care Insurance Portability and Accountability Act of 1996, as amended from time to time, including all final rules and regulations promulgated thereunder.

“Personal data” means any data relating to any identified or identifiable individual, including such individual’s name, photograph, address, telephone number, social security or other identification number, etc.

“Sensitive personal data” means personal data of a particularly sensitive nature, such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health and medical information, and sexual orientation. Sensitive personal data includes protected health information as such term is defined in HIPAA.

II. Privacy Officer and Assessment

Perot Systems' Vice President of Human Resources, Darcy Anderson, is our Privacy Officer.

The Privacy Officer or his or her designee will assess Perot Systems’ compliance with this Personal Data Privacy Policy at least annually, with the first formal assessment to be commenced in 2002, with the assistance of the Legal and Internal Audit teams. Upon completion of each assessment, and implementation of any required changes to Perot Systems’ privacy practices, the Privacy Officer will certify the self-assessment report and verify Perot Systems’ compliance with this Privacy Policy in writing.

III. Personal Data Collected and Sources of Data Collection

Personal data is collected from Associates when they apply for employment with Perot Systems, when they accept an offer of employment with Perot Systems, or during the course of their employment with Perot Systems. Associates disclose personal data to Perot Systems by updating their personal data through TRAIN and through communications with the Human Resources Team and their leaders about their personal data during the course of their employment. Perot Systems receives sensitive personal data in connection with (i) pre-employment and other background checks in countries where these checks are conducted, (ii) pre-employment and other drug tests in countries where these tests are conducted, (iii) enrollment for medical and other insurance benefits, and (iv) in certain cases, during or after Associates or their family members seek medical, insurance or other Perot Systems’ benefits.

Personal data collected (to the extent legally permissible in your jurisdiction) may include, but may not be limited to, the following:

personal information (e.g., name, date of birth, gender, marital status);
background information (e.g., education (including schools attended, and dates of attendance, degrees or diplomas granted), training, workhistory (including names of employers, dates of employment, and compensation information), military and veteran status, criminal arrests, indictments and convictions);
contact information (e.g., home and office address, home, office and cellular telephone numbers, home and office e-mail address, etc.);
identification numbers (e.g., national insurance, social security, driving license, tax identification, passport, and similar identification numbers);
compensation information (e.g., wages or salary, commissions, bonuses, stock option award and exercise information, employee stock purchase plan information, pension and 401(k) plan account information; SAYE plan information);
health and medical information (e.g., results of pre- and post-employment drug tests, and personal, contact, and health information for Associates, their spouses, their dependents and their next-of-kin, etc.); and
work history, experience, training and employment performance information (e.g., training courses attended, job assignments, account assignments, etc.).

Personal data is received or collected from (i) Associates and their familiy members when Associates apply for employment or Perot Systems benefits, (ii) service providers in connection with pre-employment and other drug tests and background checks, and (iii) health, medical and other benefit providers in connection with the administration of Perot Systems’ benefits programs.

IV. Use of Personal Data

A. Notice

Perot Systems discloses individual Associate personal data to (i) Perot Systems Associates who reasonably need to receive such personal data to perform their duties for Perot Systems, (ii) Perot Systems’ benefits providers who reasonably need to receive such personal data to administer the applicable benefit program, (iii) Perot Systems’ clients and prospective clients for whom you are providing, or are proposed to provide, services (except that sensitive personal data is not disclosed to clients or prospective clients other than in connection with transitions of employment where such sensitive personal data is necessary to be disclosed to accomplish benefits transitions and similar business purposes), and (iv) potential buyers and sellers of business units for which you are providing, or are proposed to provide, services (except that sensitive personal data is not disclosed to such buyers or sellers other than in connection with transitions of employment where such sensitive personal data is necessary to be disclosed to accomplish benefits transitions and similar business purposes).

For example, an Associate’s leaders and their leaders generally need to know that Associate’s personal, background, contact, compensation, and work history, experience, training and employment performance information in connection with managing his or her duties for Perot Systems. In addition, Associates in finance, human resources and legal may also need to receive personal information to prepare budgets, to administer your benefits or to advise Perot Systems on its legal obligations.

Perot Systems may disclose business personal data about an Associate to Perot Systems Associates and other individuals and organizations without any restriction on its further use or restriction by the recipient. Our policy is not to disclose home addresses or telephone numbers to Perot Systems Associates or other individuals or organizations without your prior approval, except that Perot Systems may disclose your home address and telephone number (i) to Perot Systems’ senior leaders and your cost center managers and supervisors, and (ii) in emergency and critical business situations to other Associates who need to contact you. Personal data of your family and emergency contacts may also be provided to these Associates in similar circumstances.

Perot Systems may disclose Associate personal data to outside firms and consultants (who will, in turn, disclose your personal data to their employees and consultants) who advise Perot Systems on compensation and benefits programs or administer benefits programs for Perot Systems. Perot Systems requires each of these outside firms and consultants (other than licensed professionals, such as lawyers and doctors, who are subject to legally enforceable client confidentiality obligations) to sign a written confidentiality agreement that restricts them (and their employees and consultants) from disclosing to any person or using your personal data in any way that is not necessary to perform the services they have been engaged to provide. This confidentiality agreement must be signed before Perot Systems discloses your personal data to these clients or prospective clients.

Perot Systems may also disclose Associate personal data to clients and prospective clients and to possible merger and acquisition prospects for which you are providing, or are proposed to provide, services. Sensitive personal data is generally not disclosed to clients or prospective clients or to merger and acquisition prospects, and will not be disclosed without your prior written consent. Perot Systems requires all of its clients to sign a written confidentiality agreement that restricts them (and their employees and consultants) from disclosing to any person or using your personal data in any way that is not directly related to the business relationship between Perot Systems and the client. This confidentiality agreement must be signed before Perot Systems discloses your personal data to these clients or prospective clients.

The Perot Systems’ Associates, outside firms and consultants, and clients who receive your personal data may be located in your home country, the United States or any other country in which Perot Systems or its affiliates do business.

Perot Systems does not disclose or sell Associates’ personal data to any company or person for marketing purposes.

Associates’ personal data may be transferred to any country in the world, including but not limited to The United Kingdom, Ireland, Japan, the United States of America and other countries where privacy laws may be more or less protective than the privacy laws where you live or work. Each Perot Systems subsidiary and affiliate that receives personal data from another Perot Systems subsidiary or affiliate is a party to a personal data sharing agreement that protects the confidentiality of personal data.

Perot Systems may be required or requested to disclose personal data or sensitive personal data under applicable law or in response to valid legal process. This includes a search warrant, subpoena, court order or other request from a government or regulatory authority or agency. Perot Systems reserves the right to disclose this information in response to any such request or requirement. Disclosures may also be appropriate to protect Perot Systems’ legal rights, during emergencies if physical safety is believed to be at risk, or to notify family members or public or private disaster relief agencies of your location or condition. Perot Systems may disclose personal data or sensitive personal data to government or regulatory authorities or agencies if Perot Systems believes that disclosure is required under applicable law (for example, if child pornography is discovered on a computer). Perot Systems may disclose certain personal data or sensitive personal data about an Associate or his or her family to a group health plan where Perot Systems is the sponsor of, or performs plan administration functions for, that group health plan, as specified in the relevant plan documents.

B. Choice and Onward Transfer

Perot Systems discloses and uses an Associate’s personal data only in connection with the day-to-day conduct of its ordinary business operations. The Associate’s consent to the disclosures and uses described in this Policy of personal data will not be requested. Perot Systems’ Privacy Officer will determine whether or not a particular disclosure or use is described in this policy.

Associates will be offered a choice whether or not to allow Perot Systems to use or disclose personal data in a way not described in this policy before Perot Systems uses or discloses your personal data. In this situation, your consent must be received in writing (or a legally equivalent electronic form) before Perot Systems uses or discloses your personal data. If an Associate does not consent to the disclosure, identification information will be removed from the Associate’s records before the data is used or disclosed.

C. Security

Perot Systems maintains physical, electronic and procedural safeguards that it believes are reasonable and comply with applicable laws to guard personal data against loss, unauthorized access, destruction, misuse, modification, and improper disclosure. Sensitive personal information is retained in Perot Systems’ PeopleSoft human resources database (or a similar system), other records or in physical form. This database is maintained on computer equipment located in a restricted access environment and passwords and other electronic safeguards restrict access to this database to a limited number of Associates. Physical files are retained in restricted access environments or locked cabinets when not being used. Of course, no computer system, physical location or information can ever be fully protected against every possible hazard.

Every Perot Systems’ Associate signs an Associate Employment Agreement,which contains a specific obligation not to reveal confidential information, which includes personal data. Perot Systems’ employees are also required to attend an on-boarding course, generally within 30 days after their first day of employment, during which their obligations regarding confidential information policies are discussed. Associates working in Human Resources are required to sign an additional confidentiality agreement before receiving access to sensitive personal data.

D. Data Access and Integrity

Perot Systems desires that all personal data it collects or receives be accurate and complete.

Perot Systems will allow Associates to review any or all of their personal data that it has retained in your personnel file or other reasonably available files during regular business hours after Associates give reasonable notice of their desire to see that personal data. Each of our Associate’s family members will also be allowed to see his or her personal data (but not the Associate’s personal data) during regular business hours after giving reasonable notice of his or her desire to see that personal data. In addition, certain personal data may be reviewed and modified by Associates themselves on TRAIN.

If Associates or a family member(s) believe any personal data in Perot Systems’ possession or under its control is incorrect or incomplete, they will be allowed to update the information Perot Systems has. If the information the Associate believes to be incorrect or incomplete is subject to interpretation or different viewpoints, as it could be in the case of a performance review, the Associate is allowed to submit written information to be included as part of Perot Systems records.

Associates may access protions of their personal data through TRAIN at the following: https://train.ps.net/IndexFiles/My.Data.C.htm, or by contacting the Associate Relations team at https://train.ps.net/HR/US/AR/assocrel_cntcs.htm. Non-Associates may contact Privacy.Officer@ps.net.

E. Enforcement

Perot Systems’ Privacy Officer or his or her designee will promptly review and investigate every allegation that this Policy has been violated by any Associate, client, outside firm or consultant. As part of this review and investigation, the Privacy Officer will review any relevant processes and procedures to determine whether changes are necessary to prevent a recurrence of any substantiated violation of this policy.

Perot Systems will take disciplinary action against any Associate who violates this policy. The severity of the disciplinary action taken will vary based on factors considered relevant by the Privacy Officer including:

the sensitivity of the personal data disclosed or used in violation of this policy;
the number of Associates impacted by the violation of this policy;
the duration of the improper disclosure or use;
prior improper disclosure or use of personal data by the applicable Associate, and
whether the violation was inadvertent or the result of inadequate training.

Except where (i) the improper disclosure or use of personal data was inadvertent or the result of inadequate training, or (ii) the Privacy Officer or his or her designee determines that the circumstances do not warrant such action for other reasons, the minimum disciplinary action to be taken will be a written reprimand placed in the Associate’s human resources record. Other disciplinary action may include suspension without pay (to the extent permitted by applicable law) and termination of employment. In all cases, the Privacy Officer or his or her designee shall determine whether additional training is to be required.

The Privacy Officer or his or her designee will review any violation of this Policy by a client, outside firm or consultant with a senior leader of such client, outside firm or consultant to determine the appropriate disciplinary action. Unless the Privacy Officer or his or her designee determines otherwise, appropriate disciplinary action with respect to an employee or consultant of a client, outside firm or consultant who violates this Policy should include actions similar to those that would occur if the employee or consultant were a Perot Systems’ Associate. In addition, the Privacy Officer or his or her designee should recommend whether the business relationship between Perot Systems and the client, outside firm or consultant should be terminated as a result of the violation.

The results of each investigation, including any disciplinary action recommended or taken, will be reported to the Compliance Officer and the Board of Directors. Where Perot Systems believes that the conduct may constitute a violation of any applicable law, rule or regulation, the conduct may be disclosed to appropriate law enforcement and regulatory authorities.

Country / Geographic Exceptions & Modifications

There are no country specific exceptions to this policy.

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Cellphone and Mobile Phone
E-Mail
Emergency Notification
Employment Reference and Verification
Guidelines for Appropriate Conduct
Insider Trading
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Pager Policy
Professional Work Environment
Security Policy - United States
Alcohol and Drug Free Workplace

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