SHRM - The Voice of All Things Work



Exchange Visitor ProgramMaster Service AgreementThis Master Service Agreement (“Agreement”) is?made?and?entered?into?by and between:[Organization Name] (Hereinafter, the “Host Organization”)Street AddressCity, ST Zip??AND?Society for Human Resource Management (hereinafter, “SHRM”)1800 Duke StreetAlexandria, VA 22314??The Society for Human Resource Management is designated by the U.S. Department of State (“DOS”) to sponsor J-1 Exchange Visitor Programs in the Intern and Trainee categories. SHRM retains the right, in its sole discretion, to determine whether to accept a particular program and/or a particular Intern or Trainee application program for sponsorship.The purpose of SHRM’s Exchange Visitor Program is to enhance the skills and knowledge of qualified Interns/Trainees through participation in structured programs related to their fields of study or work. Each program is designed to strengthen international understanding by creating an opportunity for both the Intern/Trainee and the Host Organization’s employees to increase their knowledge of diverse cultures and business practices. The experience for J-1 Interns and Trainees is to expose them to American techniques, methodologies and expertise and to gain a better understanding of American culture and society. The Host Organization or its subsidiary wishes to host Trainees and/or Interns using the services of SHRM, under SHRM’s Exchange Visitor Program. The following terms and conditions will apply to all programs initiated on or after the effective date of this agreement: Host Organization understands and agrees that because SHRM is designated by the U.S. Department of State to administer J-1 Exchange Visitor Programs, SHRM must comply with laws, regulations and requirements issued by DOS and other U.S. government agencies governing such Exchange Visitor Programs. Likewise, Host Organization understands and agrees that because it wishes to participate in SHRM’s Exchange Visitor Program, Host Organization hereby warrants that it shall comply with all laws, regulations, and requirements applicable to host organizations participating in DOS-designated Exchange Visitor Programs, including but not limited to those listed in Appendix A of this Agreement, which is attached to this Agreement and incorporated by reference. Appendix A details the current obligations of the Host Organization and Intern or Trainee to comply with Department of State regulations as well as SHRM rules. Appendix A may be amended from time to time to comply with Department of State regulations or guidance, or changes in SHRM’s policies or procedures. SHRM will inform Host Organization of any such amendments.The Intern/Trainee application to be completed by Host Organization and each Intern/Trainee, and associated fees per application, are located on SHRM’s website. All applicable fees must accompany each application at the time it is submitted unless otherwise agreed by both parties in writing. Such fees are generally set annually but may be adjusted more or less frequently in SHRM’s sole discretion to respond to changing business conditions or new regulatory requirements. Host Organization Size. The Host Organization must have at least 25 employees at the time of sponsorship to be eligible for sponsorship of a Trainee/Intern program under SHRM’s Exchange Visitor program designations. Privacy of Personal Information. SHRM’s policies related to the Privacy and Security of Personal Information are attached to this Agreement as Appendix B and incorporated herein by reference. Appendix B may be updated from time to time to comply with changing laws or regulations or to respond to evolving technology. Trade Sanctions Compliance. SHRM must comply with international trade sanctions imposed by the United States government.? For this reason, any Host Organization Intern/Trainee candidates who (1) are on any U.S. government-maintained sanctions list, or (2) are affiliated with governments of those countries that are subject to broad-based government sanctions, or (3) are located in, are ordinarily a resident of, or who would be placed in countries where U.S. sanctions prohibit SHRM from providing these services, will not be permitted to participate in the Exchange Visitor Program. Host Organization agrees to provide SHRM with any information requested by SHRM to confirm that an Intern/Trainee is not prohibited from participating in the program. Host Organization agrees that SHRM in its sole, reasonable discretion may immediately implement any changes or additions to these restrictions to comply with applicable law.Confidential Information. Each party recognizes that during the term of this Agreement, each party (the “receiving party”) will receive, develop or otherwise acquire Confidential Information of the other party (the “disclosing party”), which is essential to the success of the disclosing party. "Confidential Information" means any data, Personal Information, resumes, training programs, financial information, and all other know-how and trade secrets created or learned by the receiving party in connection with this Agreement, and not generally known to the public, and any other information that the receiving party should reasonably understand to be of a confidential nature. The receiving party shall not at any time during the term of this Agreement, use or disclose, or authorize or permit anyone else to use or disclose, any Confidential Information, except as may be necessary in the normal course of performing its duties hereunder and provided that any employee or other person or subcontractor who shall receive access to the Confidential Information shall be subject to a non-disclosure agreement that is no less restrictive than this Section 3. In the event of a breach of any of the receiving party’s confidentiality obligations, the receiving party agrees to notify the disclosing party by telephone and e-mail of such an event within 24-hours of discovery. Confidential Information shall not include information which is: (a) already known to the receiving party at the time of the disclosure; (b) publicly known at the time of the disclosure or becomes publicly known through no wrongful act or failure of the receiving party; (c) subsequently disclosed to the receiving party on a non-confidential basis by a third party; (d) independently developed by the receiving party; or (e) communicated to a third party by the receiving party with the express written consent of the disclosing party. In the event Host Organization is required by any governmental agency, subpoena, summons, order or other judicial process to disclose Confidential Information, Host Organization shall provide written notice to SHRM, unless otherwise prohibited by law, and provide SHRM with reasonable assistance, at SHRM’s expense, to contest the disclosure.Notwithstanding the foregoing, the confidentiality procedures governing any Personal Information about a Host Organization employee, Intern or Trainee received by SHRM during the term of this Agreement shall be handled in accordance with Appendix B of this Agreement. Term and Termination. This Agreement shall become effective as of the date it is signed by an authorized representative of each party and shall remain in effect for a period of one year. This agreement will automatically renew for additional one-year terms unless notice of non-renewal is provided to the other party in writing at least 30 days prior to the end of the current term. Provided, however, that in the event there are any Intern/Trainee programs operating, which are scheduled to end after the date of termination of the Agreement, such programs shall not be terminated, and the terms and conditions of this Agreement shall continue to apply to such program until it expires or otherwise terminates. In the event of a breach of this Agreement by Host Organization or any of its employees, agents, Trainees or Interns, SHRM may terminate this Agreement and all Intern/Trainee programs operating hereunder.Choice of Law and Jurisdiction. This Agreement shall be governed by the internal laws of the Commonwealth of Virginia, U.S.A., without regard to choice of law principles.? Any disputes concerning the Agreement shall be subject to the exclusive jurisdiction of the federal and state courts in Virginia; and the Parties hereby submit to the exclusive jurisdiction of the state and the federal courts in Virginia over any disputes concerning the Agreement and further agree that they are subject to jurisdiction in Virginia in any such dispute.Attorneys’ Fees. In the event of any dispute concerning the Agreement, the prevailing party shall be entitled to collect from the losing party any attorneys’ fees incurred by the prevailing party in contesting such dispute.? In the event of any litigation or arbitration to enforce a party’s rights under this Agreement, the prevailing party shall be entitled to its reasonable attorneys’ fees incurred in such litigation or arbitration.Indemnification. Each party agrees to indemnify and hold the other party and its officers and directors (the “Indemnitees”) harmless against any claims, losses, liability, damages or costs, or claims made by third parties against Indemnitees, to the extent that such losses, liability, damages or costs, or claims are caused in material part by the breach of this Agreement by the indemnifying party, or by the negligence, error or omission, or intentional wrongdoing of the indemnifying party or its employees, agents, Intern(s) or Trainee(s); provided however that this indemnification shall not apply where such claim, loss, liability, damages or costs are due in material part to the breach of this Agreement by Indemnitees or to the negligence, error, omission or intentional wrongdoing of Indemnitees, their agents, employees, Intern(s) or Trainee(s).Non-Assignability. The Agreement is personal in nature with respect to Host Organization and may not be assigned without the prior written consent of SHRM.Counterparts and Electronic Signature – The Agreement may be executed in one or more counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together will constitute one and the same instrument. This Agreement may be executed by electronic signature, and if so executed, shall be equally binding as an original copy of this Agreement executed in ink by both parties.Entire Agreement - This Agreement, including Appendices A and B hereto, constitutes the entire agreement between the parties concerning the provision of J-1 Exchange Visitor Services, and supersedes any prior oral or written agreements concerning the J-1 Exchange Visitor Services and may only be amended by a written agreement signed by both parties hereto.The parties have executed this Agreement through their duly authorized representatives as of the date written below.HOST ORGANIZATION SOCIETY FOR HUMAN RESOURCE MANAGEMENT???????????___________________________________ __________________________________Printed?Name of Authorized Representative Printed?Name of Authorized Representative ___________________________________ ___________________________________Signature?? ? ? ? ? Signature___________________________________ ___________________________________Date Date?Appendix AHost Organization understands, attests to and will comply with the following:General ObligationsHost Organization will adhere to the regulations (22 CFR Part 62) governing the Exchange Visitor Program, as well as any other goals or guidance provided by the Department of State (“DOS”) and communicated to Host Organization by SHRM.SHRM is a U.S. government designated sponsor of Intern and Trainee Exchange Visitor programs and SHRM may at any time withdraw sponsorship from any participant in the event of non-compliance with the program regulations (22 CFR Part 62), deviation from the “Training/Internship Placement Plan” (Form DS-7002, as completed by Host Organization), or non-compliance with any term of this Agreement.All information provided by Host Organization and anyone on its behalf (including, but not limited to its agents, employees, Interns, Trainees) to SHRM in connection with the application must be correct and accurately reflect the program of Training/Internship to be provided. Host Organization will provide SHRM access to the training site(s) upon request. Site visits are an integral part of compliance with program regulations and failure to provide such access may result in program termination.Representatives from DOS or other government agencies may conduct site inspections or other investigations of the Host Organization and the Interns and Trainees. Host Organization agrees to provide such agents with access to the site or other information as requested by government agents and to notify SHRM immediately of any such inspections or investigations.SHRM is required by Federal Regulations to obtain independent third-party audits of its Trainee and Intern programs. SHRM’s auditors may contact Host Organization during or after the term of a particular training program to assess SHRM’s compliance with program regulations. Host Organization agrees to cooperate with requests for information from SHRM’s auditors.SHRM will communicate directly with Interns and Trainees throughout the entire duration of their programs. SHRM is not required to inform Host Organization of such communications.The Host Organization and the Intern/Trainee must agree to abide by all applicable U.S. laws and regulations while residing in the United States, as well as to abide by the rules and regulations of SHRM’s Training/Internship program. Failure to do so could result in termination of the program. Reasons for program termination may include, but not be limited to: 1) conviction of a crime, 2) disciplinary action, 3) engaging in unauthorized employment, 4) failure to maintain health insurance coverage, 5) failure to pursue J-1 program activities, 6) failure to notify SHRM of a change of current residential address within 10 calendar days of such change, 7) violating Exchange Visitor Program regulations, 8) violating federal, state or local employment laws; and 9) violating sponsor rules governing the program.SHRM shall not be held liable for the performance of the Trainee or Intern, nor for any civil or criminal liability incurred by the Trainee or Intern (including defense costs).SHRM cannot guarantee visa approval. Host Organization agrees to SHRM’s Exchange Visitor Program refund policy which is posted online.The “Training/Internship Placement Plan”The U.S. Department of State requires all Host Organizations to complete a “Training/Internship Placement Plan” (Form DS-7002), a form for which is available on SHRM’s website. The purpose of the training program is to assist the Trainee/Intern in achieving their professional objectives through participation in structured and guided activities as outlined in the “Training/Internship Placement Plan” (Form DS-7002).The Trainee’s/Intern’s education and experience must be sufficient to undertake the proposed training. SHRM has the obligation, in its sole discretion, to determine whether an individual has such education and experience.The Host Organization must have sufficient resources, plant, equipment and trained personnel available to provide the structured and guided work-based experiences as described on Form DS-7002.The Host Organization will provide direct and continuous on-site supervision and mentoring of Trainees and Interns by experienced and knowledgeable staff of the U.S. Host Organization. Supervision by the U.S. Host Organization shall be maintained throughout the duration of the J-1 program.Host Organization will ensure that Trainees and Interns obtain skills, knowledge, and competencies through structured and guided activities such as classroom training, seminars, rotation through several departments, on-the-job training, attendance at conferences, and similar learning activities, as outlined on the Form DS-7002.The Training/Internship position shall be full-time (minimum 32 hours per week), shall not involve more than 20 percent clerical work, and shall not involve unskilled or casual labor.The Training/Internship program shall in no way be related to areas excluded by Federal Regulations, including child, patient, or elder care, clinical or medical work, psychological counseling or social work, nursing, dentistry or veterinary work, speech therapy or early childhood education.Any Training or Internship conducted under the J-1 Exchange Visitor Program shall not be intended to be a substitute for ordinary work, nor can it be intended under any circumstances to displace American workers, fill a staff vacancy, or to be a conduit to permanent work and residency in the United States. The proposed training program is not designed to train foreign nationals for employment in the United States and the Host Organization shall not assist the Trainee/Intern to remain in the United States beyond the duration of his/her program. SHRM reserves the right to end any Trainee/Intern program if it is determined that the Host Organization has filed, or intends to file, an application for a change of nonimmigrant status or an application for legal permanent residence in the United States for an individual with an active J-1 program.Intern Programs sponsored by SHRM are limited to up to 12 months maximum duration and Trainee Programs sponsored by SHRM are limited to up to 18 months maximum (or 12 months in the case of Hospitality and Tourism programs). Per Federal regulations, all J-1 Trainee/Internship programs must be at least three weeks in length from the start date of the training or internship.The Training/Internship must comply with all applicable federal, state, and local laws regarding wages, employment and occupational health and safety. Per IRS Employer Tax Guide and Publication 515, a J-1 Trainee or Intern is typically considered a non-resident alien who is not subject to Social Security (FICA), Medicare, or federal unemployment (FUTA) withholding taxes. Host Organization shall consult a tax professional regarding state unemployment tax exemptions within any state where the Trainee/Intern will be based as well as any other international, federal, state or local tax obligations that may be incurred. SHRM will not be responsible for providing any advice or assistance with regard to tax obligations.English Language Requirements for Exchange VisitorsThe Trainee/Intern shall have sufficient English language skills to undertake and successfully complete the proposed training in accordance with DOS regulations. Proof of English language must be documented via one of three methods:Test results from an official English language test (TOEFL, TOEIC, IELTS, etc.)Signed documentation (in English) of English proficiency from an academic institution or English language school; orCompleted and signed SHRM English Language Verification form (available on the SHRM website) completed by a representative from U.S. Host Organization that has interviewed the candidate in-person, via videoconference, or teleconference.SHRM reserves the right to conduct additional interviews with any prospective Trainees/Interns to confirm a J-1 candidate’s English language skills prior to sponsorship of the J-1 program.Cultural ActivitiesThe U.S. Department of State requires that all Intern/Trainee programs contain significant cultural exchange activities that are a regular and integral part of the Exchange Visitor’s experience. The Host Organization has a responsibility to organize/schedule these activities for and with the Intern/Trainee, in addition to independent cultural activities that the participant may choose. Detailed documentation on the cultural activities that will be a part of an Intern’s/Trainee’s program must be provided to SHRM before a potential program will be sponsored. This documentation must reflect how activities will be a regular and integral part of the J-1 experience and will occur throughout the entire duration of the J-1 program.SHRM has the obligation to ensure compliance with the cultural activities requirement and may request documentation of such activities at any time during the Training/Internship program. Upon request, Host Organization shall promptly provide such requested documentation to SHRM.SHRM may also make available various in-person and virtual cultural activities to sponsored Interns and Trainees throughout the year. When resources are made available, Host Organizations should encourage their participants to participate whenever possible. SHRM will not be responsible for the costs of participation in such programs unless otherwise noted.Pre-Arrival Obligations: Compensation, Housing, Orientation and Insurance RequirementsBefore the Trainee/Intern arrives in the United States, the Host Organization shall provide the Trainee/Intern with appropriate and relevant information regarding: housing; cost of living expenses in the United States; insurance coverage; salary and other compensation; and the elements and objectives of his/her period of stay in the United States.Host Organization shall also ensure that the J-1 Intern/Trainee participates in SHRM’s online pre-arrival orientation program prior to arrival in the United States and the start of their J-1 program, and that the Intern/Trainee provides proof of such participation to SHRM.Host Organization shall ensure that the Intern/Trainee (and all J-2 spouse/dependents) is covered by health and accident insurance, at minimum levels or higher, as required by the Federal Regulations concerning the J-1 Exchange Visitor Visa program, for the entire length of the program. The applicable insurance amounts are listed on SHRM’s “Compensation and Insurance” form which must be submitted as part of the sponsorship application process.If the Host Organization shall offer/require that health and accident insurance premiums will be paid via payroll deductions, the Intern/Trainee must voluntarily authorize this action in writing and be given the opportunity to make other arrangements to obtain insurance coverage. Copies of any authorizations must be provided to SHRM.If an Intern/Trainee (or J-2 spouse/dependents) fails to maintain the insurance coverage while a participant in the program, or makes material misrepresentations to SHRM concerning such coverage, he/she will be deemed to be in violation of these regulations and his/her program shall be subject to termination.Post-Arrival ObligationsOnce the Trainee/Intern arrives in the United States, the Host Organization agrees to do the following: Host Organization Orientation and Documentation:The Host Organization shall provide an orientation about the Host Organization to the Intern/Trainee upon arrival. This is a mandatory requirement of the program and SHRM reserves the right to attend such orientation or require documentation thereof. It is the Host Organization’s responsibility to keep track of the validity of the Exchange Visitor’s visa and the I-94 form issued to the Trainee. Host Organization shall provide copies of such forms to SHRM for its records.Host Organization shall provide a duly executed Arrival Verification Form on behalf of each Trainee/Intern and his/her dependents to SHRM within 10 calendar days of their date of entry to the United States. Such Form shall include an established local U.S. residential address, U.S. mailing address (if different from the residential address), U.S. phone number, and email address for the Exchange Visitor and any dependents over the age of 18. The Form validates that the Trainee/Intern has entered the United States and begun training. The contact information is required by the U.S. Department of State and U.S. Department of Homeland Security. Host Organization understands that failure to provide this information in a timely fashion will jeopardize the Intern’s/Trainee’s training program and could result in cancellation of the J-1 Intern/Trainee program.When Host Organization Must Contact SHRM. Host Organization warrants that it shall:Notify SHRM immediately if the Trainee or Intern suffers any medical, psychological, or criminal events or is involved in any activity which could bring notoriety or disrepute. This notification is required by the regulations governing the Exchange Visitor Program and is mandatory.Notify SHRM immediately of any issues involving the ongoing Training/Internship program.Immediately notify SHRM if an Exchange Visitor may become a named party on litigation related to participation in the Exchange Visitor Program.Notify SHRM within 10 calendar days of any changes (either planned or unplanned) to an Intern’s/Trainee’s program. Required notifications include changes in an Intern’s/Trainee’s U.S. residential address, mailing address, email address, phone number, site of activity, changes to an Intern/Trainee’s U.S. Host Organization supervisor, changes in program dates or training locations, or any changes to any of the activities outlined in the approved Form DS-7002. Host Organizations understand that any changes may require the filing of an amendment with SHRM and the reissuing of the Form DS-2019 and/or Form DS-7002.Advise SHRM of dismissal or termination of the Exchange Visitor from the training program no more than 48 hours after the event. Notify SHRM immediately if any J-2 family members have departed the United States prior to the scheduled end of the program and will not be returning to the United States. Respond to all communication requests from SHRM in a timely manner.Program Evaluations:The Host Organization supervisor must submit to SHRM, in a timely manner, the mandatory evaluations at the mid-point and at the conclusion of the program. For placements less than six months in duration, only a final evaluation is required. Failure to supply the necessary reports, or to abide by other requirements of the Exchange Visitor Program, will result in suspension from the program or preclude future program participation.Exchange Visitor International Travel:The Host Organization shall ensure that all Trainees/Interns timely submit documentation to SHRM for required travel validations prior to international travel. It is the responsibility of the Host Organization to ensure that the Trainee/Intern has visa stamps that remain valid throughout the duration of any international travel.Exchange Visitors must not be absent from the U.S. during their program for a period of more than 30 consecutive days or they risk suspension or termination of their program.Conclusion of Training/Internship ProgramThe following rules govern the conclusion of the Training/Internship whether it has run its full course or is ended early:The Intern/Trainee must depart the U.S. upon completion of the Training/Internship program or upon dismissal of the Intern/Trainee from training by the Host Organization. The Certificate of Eligibility (Form DS-2019) reflects the dates of the Training/Internship program. After completion of the program, the participant has 30 calendar days beyond the end date given on the Certification of Eligibility (DS-2019 form) to conclude his/her affairs and travel within the U.S., but must exit the United States within this 30 day period or within such other period as reflected on the Intern/Trainee’s Form I-94.If the participant leaves the program early, SHRM must be notified in writing immediately and Host Organization must provide an explanation of the early departure. SHRM must be immediately notified if the J-2 Spouse or Dependents depart from the United States prior to the participant’s departure dates. If the participant will be ending their program less than 15 calendar days before the end date as listed on the Form DS-2019, Host Organization will be required to submit an amendment of program application to SHRM prior to the SEVIS record being updated. Participant and/or J-2 spouse/dependents ending their programs early must exit the U.S. within 10 days. SHRM reserves the right to request a copy of their airline ticket(s), flight itinerary, or additional information related to the early departure, and Host Organization shall promptly provide such requested informationAppendix BPrivacy and Security of Personal InformationAs an authorized sponsor of Exchange Visitor Programs administered by the U.S. Department of State and the U.S. Department of Homeland Security, the Society for Human Resource Management (SHRM) is required to collect and disseminate, on a limited basis, certain personal information including but not limited to: name, date of birth, gender, passport, address, email, phone, family relationships, compensation, education and work history, for each Trainee/Intern and all accompanying dependents, as well as names, titles, addresses and other contact information for supervisors, agents and other Host Organization employees involved in administering the training or internship. Because Interns/Trainees shall be located outside of the United States, and the U.S. Host Organization and SHRM are located within the United States, the provision of Exchange Visitor services necessarily involves the cross-border transfer of such personal information by electronic means and/or mail. This Appendix B explains SHRM’s policies regarding the handling of all personal information collected, used, transmitted or maintained by SHRM in order to provide services related to SHRM’s Exchange Visitor Programs. “Personal Information” means any and all information (regardless of format) provided by Host Organization, its agents or employees, or the Trainee/Intern and his/her dependents, that identifies or can be used to identify the Trainee/Intern, his/her dependents or any agents or employees of the Host Organization, either directly or indirectly.“Process” means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means, such as collection, compilation, use, disclosure, duplication, organization, storage, alteration, transmission, combination, redaction, erasure, or destruction, in order to provide Exchange Visitor services to the Host Organization, Trainee/Intern and any dependents.SHRM will use commercially reasonable efforts to ensure the security and confidentiality of all Personal Information in its possession, and to protect against the loss, misuse, unauthorized access or acquisition, disclosure, alteration or destruction of such Personal Information.SHRM will process Personal Information only as necessary to provide Exchange Visitor services pursuant to all laws, rules and regulations governing the Exchange Visitor programs and government oversight of such programs.SHRM may disclose Personal Information to its employees, to U.S. government agencies and their agents, and to third-party auditors (which shall conduct audits of SHRM’s Exchange Visitor programs as required by U.S. Department of State regulations), only as necessary to provide the Exchange Visitor services hereunder and to comply with relevant government regulations and program requirements. SHRM conducts background investigations of its employees as required by U.S. Department of State regulations. SHRM uses third-party software vendors to collect and process applications for Exchange Visitor programs. These vendors utilize servers located in the United States. The third-party software vendors are ISO 27001 certified and will provide the individuals accessing this software system with a clear and conspicuous privacy notice.Each Exchange Visitor application is individually passcode protected. The unique passcode is provided to the Host Organization when it initiates an application. This passcode must be shared with any Host Organization employee, agent or Trainee/Intern who is required to enter data, including Personal Information, into the online application. The Host Organization is responsible for limiting access to the passcode to those persons who have a need to access the online application. Personal Information may be entered into the application directly by the Trainees/Interns or by other employees or agents of the Host Organization. All information entered into the system with respect to a particular application is viewable by all other Host Organization employees, agents or Trainee/Interns accessing the particular application as well as by SHRM. SHRM may mail a hard copy of the J-Visa DS-2019 Certificate of Eligibility form, which contains Personal Information, to the Trainee/Intern and/or the Host Organization. Such hard copy is required for the Trainee/Intern to obtain a visa at the U.S. Consulate.SHRM shall immediately inform Host Organization in writing if it cannot comply with any material term of this Appendix B. SHRM will promptly and thoroughly investigate all allegations of unauthorized access to, use or disclosure of the Personal Information and will promptly inform Host Organization in writing of any security breach.Each party shall cooperate with the other and with its affiliates and representatives in responding to inquiries, claims and complaints regarding the processing of the Personal Information.Host Organization understands and agrees that SHRM is required by law to retain all information related to Host Organization’s Interns/Trainees for a period of time following the conclusion of each program (at the time of execution of this Agreement, such record retention period is three years). SHRM agrees that it shall ensure the continued confidentiality and security of the Personal Information retained by SHRM pursuant to its obligations as a J-1 Exchange Visitor sponsor and shall not actively Process the Personal Information except: (a) as required by law, (b) in response to requests from government officials from the U.S. Department of State, U.S. Department of Homeland Security, Student and Exchange Visitor Programs, or any other government agency in relation to SHRM’s obligations as an Exchange Visitor sponsor; or (c) as needed for SHRM or its auditor to perform the audits referenced in Paragraph A.6 of Appendix A of this Agreement.Where Interns/Trainees are resident in the European Union, Host Organization represents and warrants that Host Organization has the right to share Intern/Trainee Personal Information with the SHRM, and Host Organization agrees that SHRM may process this Personal Information for the purpose of providing the Exchange Visitor Program services to the candidate and Host Organization. In addition, Host Organization agrees that it shall comply with all data privacy laws applicable to the Personal Information of all Interns/Trainees, which may include the European General Data Protection Regulation (GDPR). ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download