Website Privacy Policy

‌Version: 1.0.0
Last Updated: November 11, 2020

 

Introduction

LCvista (“LCvista” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website https://lcvista.com/ (our “Website“) or use our Services (as defined in our Terms of Use found here) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website.
  • In email, text, and other electronic messages between you and this Website.

It does not apply to information collected by:

  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or through our Services

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see “Changes to Our Privacy Policy” below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. 

Children Under the Age of 18

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any  information to or on the Website or through the Services. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at support@lcvista.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see “Your California Privacy Rights” below for more information.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

  • By which you may be personally identified, such as name, e-mail address, or telephone number (“personal information“);
  • That is about you but individually does not identify you, such as country; 
  • About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
  • When LCvista enters into a business relationship to provide contractually agreed-upon software and services to their employees.

Information You Provide to Us  

The information we collect on or through our Website or Services may include:

  • Information that you provide by filling in forms on our Website or in our Services. This includes information provided at the time of registering to use our Website, subscribing to our Services, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website or Services.
  • Records and copies of your correspondence (including email addresses), if you contact us.

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies  

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  •  Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

Our Website and Services do not track our customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals.  Third parties that have content embedded on LCvista’s websites, software, or mobile applications (e.g. social features) may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific LCvista website from a certain IP address.  Third parties cannot collect any other personal identifiable information from LCvista’s websites unless you provide it to them directly.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. 
  • Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit LCvista, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see “Choices About How We Use and Disclose Your Information” below.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Services, Website and their contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account/subscription, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide through it.
  • To allow you to participate in interactive features on our Website.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of LCvista’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by LCvista about our Service and Website users are among the assets transferred.
  • To fulfill the purpose for which you provide it. 
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of LCvista, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights” below for more information.

Accessing and Correcting Your Information

You may send us an email at support@lcvista.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights” below for more information.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: 

support@lcvista.com

or via our toll-free number: 

(855) 980-0357

 

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. 

This section applies solely to visitors and users of our site who reside in the State of California. We have adopted this notice to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and the California Online Privacy Protection Act (“CalOPPA”), and any terms defined in the CCPA or CalOPPA have the same meaning when used in this notice.

For the purposes of this section “California Data Subject” shall mean: (1) an individual who is in the State of California for other than a temporary or transitory purpose, and (2) an individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California Data Subject or device (“personal information”). 

In particular, we have collected the following categories of personal information from California Data Subjects within the last twelve (12) months:

Category

Examples

Do we collect this data?

Identifiers

Real name, alias, postal address, unique personal identifier, online identifier, internet protocol (IP) address, email address, account name, or other similar identifiers

Yes

Characteristics of protected classifications under California or federal law

Race, gender, ethnicity, disability status

No

Commercial information

Records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

No

Biometric information

Fingerprint, facial pattern, voice, typing cadence

No

Internet or other electronic network activity information

Information regarding usage of a site, software, or app

Yes

Geolocation data

Physical location

No

Audio, electronic, visual, thermal, olfactory, or similar information

Recordings of a California Data Subject

No

Professional or employment-related information

Place of work, current occupation, duration of occupation, position/title

Yes

Education Information

Information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA)

No

Inferences drawn from any of the information identified above

Information used to create a profile about the California Data Subject reflecting their preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

No

 

Sources of Personal Information. We obtain the personal information listed above from the following sources:

Source

Example

Do we receive from this source?

Directly from you

From forms you complete or orders for products and services you purchase.

Yes

Indirectly from you

From observing your actions on our services.

Yes

Third Parties

We are provided information by our third-party vendors such as: our Merchant Partners, our Technology Hosting Partners, and our Marketing Partners.

No

 

Use of Personal Information We may use or disclose the personal information we collect for one or more of the following business purposes:

A. To fulfill the purpose for which you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may use personal information you provide us to provide technical support.  In addition, we may use the above information:

    1. To provide, support, personalize, and develop our websites, products, and/or services;
    2. To create, maintain, customize, and secure your account with us;
    3. To process your requests, purchases, transactions, and payments and prevent transactional fraud;
    4. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
    5. To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business;
    6. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; and
    7. As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.  

We do not sell your personal information to third parties.  We do share personal information with our third-party service providers and vendors in order to provide you the Service.

Your Rights and Choices 

This section describes your CCPA rights and explains how to exercise those rights.

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and verify your request, we will disclose to you:

  1. The categories of personal information we collected about you, how we use it, how we disclose it, and what personal information, if any, we sell;
  2. The categories of sources for the personal information we collected about you;
  3. Our business or commercial purpose for collecting or selling that personal information;
  4. The categories of third parties with whom we share that personal information;
  5. The specific pieces of personal information we collected about you (also called a data portability request);
  6. If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    1. sales, identifying the personal information categories that each category of recipient purchased; and
    2. disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your disclosure and/or deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  3. Debug products to identify and repair errors that impair existing intended functionality;
  4. Exercise free speech, ensure the right of another California Data Subject to exercise their free speech rights, or exercise another right provided for by law;
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
  7. Enable solely internal uses that are reasonably aligned with California Data Subject expectations based on your relationship with us;
  8. Comply with a legal obligation, such as other privacy or data protection statutes and regulations that place restrictions on our ability to disclose information including, but not limited to, the Gramm–Leach–Bliley Act, PCI Data Security Standards, and state privacy acts; and
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable California Data Subject request to us by sending us an email at support@lcvista.com or calling us at 1-855-980-0357.

Only you or a person registered with the California Secretary of State, that you authorize to act on your behalf, may make a verifiable California Data Subject request related to your personal information. You may also make a verifiable California Data Subject request on behalf of your minor child.

You may only make a verifiable California Data Subject request for access or data portability twice within a twelve (12) month period. The verifiable California Data Subject request must:

  1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
  2. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable California Data Subject request does not require you to create an account with us.  We will only use personal information provided in a verifiable California Data Subject request to verify the requestor’s identity or authority to make the request.

We aspire to respond to a verifiable California Data Subject request within forty-five (45) days of receipt of the request.  If we require more time (up to ninety (90) days) we will inform you of the reason(s) why an extension is needed and how long we anticipate the period to be.  Any disclosure we provide will only cover the twelve (12) month period preceding the receipt of your request.  If applicable, the response may provide the reasons why we cannot comply with your request.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable California Data Subject request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.  We reserve the right to refuse to respond to verifiable California Data Subject requests that are excessive, repetitive, or manifestly unfounded.

Right of Non-Discrimination.

We will not discriminate against you for exercising any of your CCPA rights. We will not take any of the following actions against you in response to an exercise of your rights:

  1. Deny you goods or services.
  2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  3. Provide you a different level or quality of goods or services.
  4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Privacy Notice for EU Residents

This section governs personal data, information relating to an identified or identifiable natural person, gathered from data subjects located in the EU only.

General Data Protection Regulation (“GDPR”) Information

The following information describes our commitments to you under EU General Data Protection Regulation (“GDPR”).

 

The GDPR makes a distinction between organizations that process personal data for their own purposes (known as “Data Controllers”) and organizations that process personal data on behalf of other organizations (known as “Data Processors”). LCvista only acts as a Data Controller for very limited types of data, such as the information you enter when you register an account with us or the information you submit when purchasing our software.  LCvista is the Data Controller for information provided by our website visitors who might complete online forms.  LCvista is the Data Processor for information provided by our customers when LCvista enters into a business relationship to provide contractually agreed-upon software and services to their employees.

 

When We Act as a Data Controller

When we process your data as a Data Controller, the following applies. 

We collect, use, and share your personal data where we are satisfied that we have an appropriate legal basis to do this. This may be because:

  • Consent:  Our use of your personal data is in accordance with your consent. If we process your personal data based on consent, you will be asked for said consent at or before the time of data collection. You may withdraw your consent at any time, and will not suffer any detriment for withdrawing your consent.
  • Contract: Our use of your personal data is to fulfill a contract between you and us.
  • Legal Obligation: Our use of your personal data is necessary to comply with a relevant legal or regulatory obligation that we have (for example, where we are required to disclose personal data to a court, or store information due to federal financial regulations); or
  • Legitimate Interest: Our use of your personal data is for a legitimate interest of ours, such as fraud prevention and ensuring our network’s security.

Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, EU residents have certain rights in relation to their personal data: 

  • Right to Access. You have the right to access your personal data that is being processed; specifically you may request to view your personal data and obtain copies of your personal data.
  • Right to Rectification. You have the right to request modifications to your personal data if it is out of date or inaccurate. 
  • Right of Erasure. You have the right to ask that we delete your personal data.  However, we are not required to comply with your request to erase personal data if the processing of your personal data is necessary for compliance with a legal obligation, or for the establishment, exercise, or defense of legal claims.
  • Right to Restriction of Processing. Under certain circumstances, you have the right to request we restrict processing your personal data You have the right to restrict the use of your personal data.  However, we can continue to use your personal data following a request for restriction (a) where we have your consent; (b) to establish, exercise or defend legal claims; or (c) to protect the rights of another natural or legal person.
  • Right to Data Portability. To the extent that we process your information (i) based on your consent or under a contract; and (ii) through automated means, you have the right to receive such personal data in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.
  • Right to Object. You have the right to object to the processing of your personal data. However, we may still process your personal data if we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.
  • Right to Object to Automated Processing.  You have the right to object to decisions based on automated processing, such as where a computer assesses factors in the data we collect about you and makes a determination. We do not currently make any decisions based on automated processing.

We retain your personal data for as long as necessary to provide you with our services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements. 

We ask that you please attempt to resolve any issues regarding your data protection or requests with us first before contacting the relevant supervisory authority.  If you would like to exercise any of the rights described above, please send a request to support@lcvista.com. In your message, please indicate the right you would like to exercise and the information that you would like to access, review, correct, or delete.

We may ask you for additional information to confirm your identity and for security purposes, before disclosing the requested personal data.

We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

When LCvista Acts as a Data Processor

Where we process your data in our capacity as a Data Processor, the processing of your data will not be governed by the foregoing provisions (“When We Act As Data Controller”), but you can contact the Data Controller directly to learn about their processing of your information and to exercise your rights, or we will forward your request directly to them at your request.

LCvista’s “privacy by design” approach requires that our default user data protection levels be at the highest setting by default. In the unlikely event of breach, LCvista will notify data subjects and Supervisory Authorities (SAs) in the EU according to procedures provided in GDPR Articles 33 and 34.

Lawful Requests

LCvista may be required to disclose personal information pursuant to lawful requests made by public authorities, including to meet national security or law enforcement requirements.

Inquiries and Complaints

We take safeguarding your privacy very seriously. If you wish to verify, correct or delete any personal information we have collected, or if you have any questions or concerns, or if you have any complaints, please contact support@lcvista.com. 

Notice

When LCvista collects personal information from individuals, it will inform the individual of the purpose for which it collects and uses the personal information and the types of non-agent third parties to which LCvista discloses or may disclose that information. LCvista shall provide the individual with the choice and means for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to LCvista, or as soon as practicable thereafter, and in any event before LCvista uses or discloses personal information for a purpose other than for which it was originally collected.

In instances in which LCvista is not the controller or collector of the personal information, but only a processor, it has no means of providing individuals with the choice and means for limiting the use and disclosure of their personal information or providing notices when individuals are first asked to provide personal information to LCvista. In such instances, LCvista will comply with the instructions of the controller of such information; provide appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and to the extent appropriate, assist the controller in responding to individuals exercising their rights under the Principles.

Choice

In those instances in which LCvista collects personal information from individuals, it will offer individuals the opportunity to choose (opt out) whether their personal information is (1) to be disclosed to a third party or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

Disclosures to Third Parties

In those instances in which LCvista collects personal information from individuals, prior to disclosing personal information to a third party, LCvista shall notify the individual of such disclosure and allow the individual the choice to opt out of such disclosure. LCvista shall ensure that any agent third party for which personal information may be disclosed subscribes to these principles or are subject to law providing the same level of privacy protection as is required by these principles and agree in writing to provide an adequate level of privacy protection.

Data Security

LCvista shall take reasonable steps to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. LCvista has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information from loss, misuse, unauthorized access or disclosure, alteration or destruction. LCvista cannot guarantee the security of information on or transmitted via the Internet.

Data Integrity

LCvista shall only process personal information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by those who provided the information. To the extent necessary for those purposes, LCvista shall take reasonable steps to ensure that personal information is accurate, complete, current and reliable for its intended use.

Access

In those instances in which LCvista collects personal information directly from individuals, LCvista shall allow those individuals access to their personal information and allow the individual to correct, amend or delete inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated.