Privacy Policy

Privacy Policy

PRIVACY POLICY

Your privacy is extremely important to us. As your Service Provider, Personify and its partners, contractors, suppliers, and licensors, (referred to as “we” or “us”) are committed to maintaining the privacy of your personal information. This Privacy Policy describes the information that we gather from you, how we use and disclose your information, and the steps we take to protect your information. By using the Service, you consent to the privacy practices described in this policy. This Privacy Policy is incorporated into and is subject to the Terms of Use. Capitalized terms that are not defined in the Privacy Policy have the meaning given to them in the Terms of Use. “Personal Information” is any information relating to an identified or identifiable individual.

SCOPE

This Privacy Policy applies to the Processing of Personal Information by Personify in the context of its publicly available websites, including www.Personify.com (“Website Data”) and in connection with its customer, partner, and vendor relationships (“Business Data”). Personify is the data controller for the processing of Personal Information on our Website and is the data processor for the processing of Business Data.

In addition, Personify obtains, processes and hosts Personal Information via its subprocessor services to our clients who subscribe to our Services (“clients”). When providing our Services, Personify is a data processor and only processes Personal Information of end-users on behalf and instructions of our clients, which are data controllers. The agreement between Personify and our clients (“Data Processing Agreement”) defines the roles and responsibilities of the parties for the processing of Personal Information in the context of the Services. For more information on these activities, please refer to the privacy policy of the Customer who submitted your data to our Services and if you are located in the European Economic Area (“EEA”) also to our Privacy Shield Privacy Policy.

INFORMATION WE COLLECT

Depending on the context in which you interact with us, we may collect or receive the following types of information, including Personal Information, from and about you:

Website Data

When you submit requests (including requesting a demo, subscribing to our mailing list), we may collect your name, title, company name, address, phone number, and e-mail address, and certain company information.

We may obtain Personal Information from third party business partners such as the name, title, company name, address, phone number and e-mail address, and certain company information of prospects and sale leads from our resellers.

Business Data

We may collect information, including Personal Information, from our existing and prospective Clients, vendors, and partners:

When Clients register to use the Services, we require them to provide us with contact information (such as name, company name, phone number, and e-mail address). Clients may voluntarily decide to communicate additional Personal Information (such as title, department name, fax number, and additional company information, such as mailing address, annual revenues, number of employees, or industry).

Clients’ contact details to send them information about our products or services. Personal Information including the name, title, company name, address, phone number and e-mail address, and certain company information of Vendors’ and Partners’ Employees as provided by Vendor or Partner.

User-provided Information

When you use our Service to join a talent community or apply to a job opportunity at Personify or one of its Clients, you may provide Information, including Personal Information, such as your name, e-mail address, mailing address, mobile phone number and demographic information. For example, you may provide Personal Information when you register for an account, use the Service, submit resumes, create Profiles, post User Content, interact with other users of the Service through communication or messaging features, or send us customer service related requests. Additionally, you may provide additional information about your education, occupation, career history, skills and experience, awards, memberships and affiliations, activities and interests and favorites, and other information you choose to disclose. We collect such Personal Information to provide the Service on behalf of our clients.

Automatically Collected Information

Cookie Information: When you use the website or Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the website. Persistent cookies can be removed. Most browsers offer options to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.

Third Party Services

We may also implement third party content on the Service that may use clear gifs or other forms of web beacons which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third-party content on the Service. Additionally, we may implement third party features (such as Facebook “like” or “share” buttons) that may allow such third party to collect information about you through such third party’s browser cookies, even when you do not interact with the button. Information collected through these features is collected directly by the third party even when you do not interact with the button and is subject to that third-party’s own data collection, use, and disclosure policies.

We also work with third-party partners such as analytic providers and third-party data aggregation services that collect information from you when you visit our Service and other online services. For example, we use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. You can learn about Google’s practices by clicking here, and opt out of them by downloading the Google Analytics opt-out browser add-on, available here.

Other Automatically Collected Information: When you use the Service or open one of our HTML emails, we may automatically record certain information from your web browser by using different types of technology, including clear gifs or web beacons. This automatically collected information may include your location and company name or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after the Service, the pages you view on the Service, and the dates and times that you visit, access, or use the Service.

Information from Other Sources: We may also obtain information, including Personal Information, from third parties and sources other than the Service, such as our partners or third-party data aggregation services. If we combine or associate information from other sources with Personal Information that we collect through the Service, we will treat the combined information as Personal Information in accordance with this Privacy Policy.

HOW WE USE THE INFORMATION WE COLLECT

We may use the information that we collect about you or that you provide to us in the following ways:

Internal and Service-Related Usage: We use the information that we collect, to operate, maintain, enhance and provide all of the features of the Service. We will use the Information that we collect to understand and analyze the usage trends and preferences of our users, to improve the Service, and to create new features and functionality. We also use this information for our business purposes, such as account verification, audits, security, compliance with applicable laws and regulations, fraud monitoring and prevention, and to enforce our Terms of Service or other legal rights.

Communications: We may use your e-mail address or other Personal Information (a) to contact you for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to your User Content posted on the Service or (b) to send you promotional messages related to the Service and the activities of third parties we work with. We will provide you with the ability to opt-out of receiving any promotional communications through links provided in the messages and/or by updating your account preferences through the Service. Where required under applicable law, we will obtain your prior option consent to send you marketing communications.

Automatically collected information: We also may use “automatically collected” information (e.g., “cookies” information, IP address, mobile device ID and other automatically collected information) to: (a) personalize our Service, such as remembering your information so that you will not have to reenter it during your visit or the next time you visit the Service; (b) provide customized third party advertisements, content, and information; (c) monitor and analyze the effectiveness of the Service and third party marketing activities; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed and emails opened; and (e) track your entries, submissions, and status in any promotions or other activities.

HOW WE DISCLOSE YOUR INFORMATION

We disclose your information, including Personal Information as follows in connection with providing the Service and the operation of our business:

Data processing: Personify processes data on behalf of our clients and your information will be shared with authorized members of the companies with which you choose to share your information to use as part of their talent acquisition or talent management initiatives.

Members of our group: We may share your information with any members of our group, which includes our affiliates, subsidiaries and branch offices, to which it is reasonably necessary or desirable for us to disclose your Personal Information in order to carry out the above-mentioned information processing purposes.

Other users: Any information, including Personal Information, that you voluntarily choose to include in a publicly accessible area of the Service, such as a public profile page, or place in a searchable resume database, will be available to anyone who has access to that content, including other users.

Service providers: We work with third party service providers to provide website, application development, hosting, maintenance, and other services for us. To the extent it is necessary for these third-party service providers to complete their contractual obligations to us, these third parties may have access to or process your information. Generally, these disclosures are made under terms comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided.

Event of sale: Your information will be transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

Legal compliance: As required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity.

Fraud protection: We also reserve the right to disclose your Information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect Service Provider and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Service; or to protect the rights, property, or personal safety of Service Provider, our users, or others.

In addition to the sharing described above, we also make certain automatically collected and other aggregate information available to third parties, to: (i) comply with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service. These third parties may serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services, based on information relating to your access and use of the Services and other websites or online services. To do so, these companies may place or recognize a unique cookie on your browser (including through use of pixel tags). To learn more about these practices, and to learn about your choices in connection with it, please visit the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising at www.aboutads.info, or the Network Advertising Initiative at www.networkadvertising.org.

YOUR RIGHTS AND CHOICES

You may have the right under applicable law to request access to and receive information about certain Personal Information we maintain about you, update and correct inaccuracies in that Personal Information, and have the information blocked or deleted, as appropriate. You also have the right to withdraw your consent to the collection of your Personal Information. Note however that if you exercise your right of blocking or deletion, if you decline to share certain Personal Information with us, or if you withdraw your consent, we may not be able to provide to you some of the features and functionalities of the Service and the clients that use our service will not be able to contact you about future opportunities.

You may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the Service. Please note that while your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics, to the extent permitted under applicable law. You understand and acknowledge that, even after removal, copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.

If you receive promotional messages from us, you may unsubscribe at any time by following the optout instructions contained within the message. You may also unsubscribe from receiving promotional messages from us via your account settings page.

You can indicate how you prefer to be contacted by us regarding your account and about career events and job alerts (e.g., by email or text messages) via your account settings page.

To exercise your rights and choices with regard to your Personal Information, please contact us by using the contact details provide below under “Our Contact Information.”

THIRD PARTY SERVICES

The Service may contain features or links to Web sites and services provided by third parties. Any Personal Information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with Personal Information.

OUR COMMITMENT TO CHILDREN’S PRIVACY

Protecting the privacy of young children is especially important. For that reason, we do not allow children under 13 years of age to use the Service we do not knowingly collect or maintain Personal Information from persons under 13 years of age, and no part of the Service is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access the Service at any time or in any manner. If we learn that Personal Information has been collected on the Service from persons under 13 years of age, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has provided us with Personal Information, then you may alert us at [email protected] and request that we delete that child’s Personal Information from our systems.

INTERNATIONAL DATA TRANSFERS

If you are located in the European Economic Area (EEA) or other region with laws governing data collection and use that differ from those of the United States, please note that your Personal Information may be transferred to countries located outside the EEA, in particular to the United States where Personify is headquartered, and that those countries may not have the same level of protection as the country in which you initially provided that information. When we transfer your Personal Information we will protect it as described in this Policy. If you are located in the EEA, please view our Privacy Shield Policy below for more information on how we protect your Personal Information when it is processed in the United States.

OUR COMMITMENT TO DATA SECURITY

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your Personal Information. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

CHANGES AND UPDATES TO THIS PRIVACY POLICY

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which may be revised periodically at our sole discretion, as provided in Personify’s Terms of Use. The “Last Updated” date at the top of this page indicates when this Privacy Policy was last revised. If we make material changes, we may notify you through the Services or by sending you an email or other communication. Your use of the Services following these changes means that you accept the revised Privacy Policy.

OUR CONTACT INFORMATION

If you have any questions about this Privacy Policy, you may contact us by e-mail at [email protected].

Note, however, that the entity responsible for the collection, use and control of your Personal Information via the Service is the Personify’s client on whose behalf we provide the Service. Accordingly, if you wish to exercise your rights and choices with regard to Personal Information collected via the Service, please contact the relevant client. If you provide us with the name of the client, we will refer your request to that client, and will support them as needed in responding to your request.

PRIVACY SHIELD POLICY

Personify (or “we”) has adopted the following Privacy Shield Policy to help you learn about how we handle Personal Information that is collected in the European Economic Area (the “EEA”) by our clients and transferred to Personify in the U.S. For the purpose of this Privacy Shield Policy, “Personal Information” is any information relating to an identified or identifiable individual.

When providing talent acquisition and talent management services (the “Service”), Personify is a data processor and only processes Personal Information on behalf of and by instructions of its clients, which are data controllers. Our client’s agreement defines the roles and responsibilities of the parties for the processing of Personal Information in the context of the Service. This Privacy Shield Policy applies only to EEA Personal Information that Personify processes in the U.S. on behalf of clients located in the EEA.

Personify complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information that is transferred from the EEA to the United States (“Privacy Shield”). Personify commits to subject to the Privacy Shield Principles for all Personal Information received from clients in the EEA in reliance on the Privacy Shield.

Personify has certified to the Department of Commerce that it adheres to the Privacy Shield Principles (the “Principles”). In case of conflict between our Privacy Policy and this Privacy Shield Policy, this Privacy Shield Policy prevails. If there is any conflict between the terms in our Privacy Policy and the Principles, the Principles shall govern. To learn more about the Privacy Shield program, and to view Personify’s certification page, please visit www.privacyshield.gov.

TYPES OF PERSONAL INFORMATION COLLECTED

Personify’s clients determine the types of data they submit to Personify to process on their behalf in the course of using our Service. Examples of Personal Data processed in this context include human resources-related information such as first name, last name, email address, mailing address, phone number and other contact information, role, job title, experience, education, skills, and social profile information when provided. Personify does not control such information and does not select or determine the specific types of data that it processes.

USE OF PERSONAL INFORMATION

Personify acts only as a data processor with respect to Personal Data from the EEA that it receives from its clients and does not determine the purpose for which it is processed. Accordingly, Personify only processes Personal Information as necessary to provide its Service and as instructed by its clients in the Customer Agreement, or as required or permitted under applicable law.

DISCLOSURE OF PERSONAL INFORMATION

Personify may share Personal Information with a limited number of third parties, including subsidiaries, and affiliates. If requested by the client, we may also share Personal Information with select business partners with whom our clients have independently contracted and authorized such disclosures in connection with our services.

We may also share Personal Information with subcontractors, who process Personal Information on our behalf to assist us in providing our Service. In case of disclosure to a third party acting on our behalf, we remain responsible for the processing of Personal Information received under the Privacy Shield and subsequently transferred to that third party if it processes such Personal Information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the inconsistent processing.

We may also disclose Personal Information as may be required or permitted under the Privacy Shield Principles and under applicable law, including in response to lawful requests by public authorities, such as to meet national security or law enforcement requirements.

RIGHTS AND CHOICES

Since we process Personal Information on behalf of our clients in connection with the Service, our clients control the type of information we obtain, how that information is disclosed and used, and how it can be modified. Therefore, requests to access, correct, amend, or remove Personal Information, or to limit the use and disclosure of Personal Data that Personify processes on behalf of its clients should be submitted to the clients who submitted your data to our services. However, if you provide us with the name of the Personify client who submitted your Personal Data to Personify, we will forward such requests to the identified client to respond directly to you and we will provide any necessary assistance in that client’s response to your request. You can contact us as described in the How to Contact Us section below.

RECOURSE AND ENFORCEMENT

In compliance with the Privacy Shield Principles, Personify commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Personify at the “How to contact us” section below.

Personify has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU, including human resources data transferred in the context of the employment relationship.

Personify is subject to the investigatory and enforcement powers of the Federal Trade Commission with respect to its compliance with the EU-U.S. Privacy Shield Framework.

HOW TO CONTACT US

If you have questions, concerns, or complaints about this Privacy Shield Policy or our privacy practices, please contact us by email at [email protected] or write to us at the following address: 416 S. Dawson Street, Raleigh, NC 27601.