Pymetrics, Inc. (together with its affiliated companies - “pymetrics”, “we”, “our” or “us”) puts great efforts in making sure that your personal data is kept safe and used properly and responsibly.
You are not legally required to provide us with any personal data, and you are free to do so or not to do so. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (defined below), please refrain from accessing, using or registering to our Services. If you have been registered to our Services by one of our clients or partners, we suggest that you contact your organizational account administrator with any questions or to let them know that you would not like to be registered by them to the Services.
(i) Employee Data. Our Services allow our clients to assess certain traits and behavioral actions of their employees using our online games (the “Games”) and to identify commonalities among groups of employees while minimizing racial, social or ethnic group biases. We may collect and generate the following types of personal data relating to our clients’ Employees (“Employee Data” or “Incumbent Data”):
We process the following “Employee Data” on behalf of our clients as their “data processor”: Trait Profile and Job Analysis Reports, and Video Data, which means we do so at their instruction. With respect to Account Data, Gameplay Data, Usage Information and Direct Interactions and Communications Data, we are the ‘data controller’, which means we determine the purpose and the scope of the processing.
(ii) Candidate Data. Our Services allow Candidates, through the use of our Games, to assess whether their traits match those desired by their potential employer for a specific role, or help find a fitting position once an initial application was declined in order to help promote a fair, unbiased recruitment process. We may collect and generate the following types of personal data relating to Candidates (“Candidate Data”):
If you have been referred to us by one of our clients, we will process your Trait Profile and Job Analysis Reports, and Video Data on their behalf as their “data processor”. Otherwise, we will be the data controller of such data. With respect to Account Data, Gameplay Data, Usage Information and Direct Interactions and Communications Data, we are the “data controller”.
(iii) Sites Usage, CRM & Prospective Client Data, and Human Resources Data. We may collect and generate the following types of personal data concerning our website visitors, clients, partners and prospective clients (collectively, “Non-Services Related Data”):
We collect the above Non-Services Related Data either automatically, through the data subject’s interaction with us or with our Sites or Services; or through third party services, social media, analytics tools, events we organize or participate in, and other business initiatives.
We use personal data as necessary for the facilitation and performance of our Services (including the Games); to comply with our legal and contractual obligations; and to support our legitimate interests in maintaining and improving our Services; providing customer service and technical support; and protecting and securing our users, clients, partners, ourselves and our Services.
We do not sell your personal information for the intents and purposes of the California Consumer Privacy Act (CCPA).
Specifically, we use personal data for the following purposes:
Data Retention: We will retain your personal data for as long as it is reasonably necessary for us to maintain our relationship with you and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from, or defend, any potential or actual disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our contractual terms and data retention policy.
Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by e-mail at firstname.lastname@example.org
Legal Compliance: In exceptional circumstances, we may disclose or allow government and law enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement) and where such disclosure is necessary to comply with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; or (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect the security or integrity of our Services.
Service Providers: We engage selected third-party companies and individuals to perform services complementary to our own. Such service providers hosting and server co-location services, communications and content delivery networks (“CDNs”), billing and payment processing services, data and cyber security services, fraud detection and prevention services, web and mobile analytics, e-mail, text messages and web/mobile notification distribution, performance monitoring and analytics services, data optimization and marketing services, social and advertising networks, content providers, e-mail, voicemails, support and customer relation management systems, call and session recording services, and our legal, financial and compliance advisors (collectively, “Service Providers“).
Sharing Personal Data with our Clients: We may share your personal data with the client who owns the account with which you are associated as an Employee or Candidate – including data and communications, concerning your use of the Services or other interactions with us. In such cases, sharing this data means that the account’s administrator(s) or other individuals in the organization (e.g. the HR team) may access it on behalf of our client, and will be able to monitor and review data concerning your interaction with our Services, as well as access any personal data that you submitted to the Service.
Protecting Rights and Safety: We may share your personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of pymetrics, any of our users, partners or clients, or any members of the general public.
For the avoidance of doubt, we may share your personal data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal and anonymous. We may transfer, share or otherwise use non-personal data at our sole discretion and without the need for further approval.
Cookies are packets of information sent to your web browser and then sent back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser session. These are “Session Cookies”. Some last for longer periods and called “Persistent Cookies”. We use both types. We use Persistent Cookies to remember your log-in details and make it easier for you to log-in the next time you access the Services. We may use this type of cookies and Session Cookies for additional purposes, to facilitate the use of the Services’ features and tools.
We also use analytics tools such as Google Analytics. These tools help us understand your interactions with our Services, including by tracking page content, and click/touch, movements, scrolls and keystroke activities. Further information about the privacy practices of our google analytics is available at: www.google.com/policies/privacy/partners/. Further information about your option to opt-out of google analytics services is available at: https://tools.google.com/dlpage/gaoptout.
Please note that if you get a new computer or device, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may also clear the opt-out cookies installed once you opt-out, so an additional opt-out will be necessary to prevent additional tracking.
Service Communications: We may send you notifications (through any of the means available to us, including by email, SMS and mobile notifications) of changes or updates to our Services, billing issues, service changes, etc. You can control some of these notifications settings. However, please note that you will not be able to opt-out of receiving certain service communications which are integral to the operation of our Services and their use (like billing notices).
Promotional Communications: We may also notify you about new features, additional offerings, better ways to use the Services, events and special opportunities or any other information we think you will find valuable. We may provide such notices through any of the contact means available to us (e.g. phone, SMS, mobile notifications or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
If you do not wish to receive such promotional communications, you can notify us at any time by writing to email@example.com, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.
We and our hosting services implement systems, applications and procedures to secure your personal data, and to reduce the risks of theft, damage, loss of data, or unauthorized access or use of personal data. These measures provide sound industry standard security. However, although we make efforts to protect your privacy, we cannot guarantee that the Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
Individuals have rights concerning their Personal Data. If you wish to exercise your privacy rights under any applicable law, including the EU General Data Protection Regulation (“GDPR”) or the California Consumer Privacy Act (“CCPA)”, such as the right to request access to, and rectification or erasure of your Personal Data held by pymetrics, or to restrict or object to your Personal Data’s processing, or to exercise your rights to portability with respect to your Personal Data or your right to equal services and prices (each to the extent available to you under the laws which apply to you) – please contact us at: firstname.lastname@example.org.
Please note that when you ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal information related to others and to ask you to provide further information to better understand the nature and scope of data that you request to access. Such additional data will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request), in accordance with Section 3 above.
We may redact from the data which we will make available to you, any personal data related to others.
Certain data protection laws and regulations, such as the GDPR or the CCPA, typically distinguish between two main roles for parties processing Personal Data: the “data controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA, “service provider”), who processes the data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
pymetrics is the “data processor” of certain Employee Data (see section 1 above), which we process on behalf of our client (who is the “data controller” of such data; and our Service Providers and our affiliated companies who process such Client Data on our behalf are the “sub-processors” of such data. Our activity is conducted strictly in accordance with our client’s reasonable instructions and as further stipulated in our DPA and other commercial agreements with such client. The client, as controller of such data, will be responsible for meeting any legal requirements applicable to data controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).
Our Services are not designed to be used by children under the age of 18: We do not knowingly collect personal data from children and do not wish to do so. If we learn that a person under the age of 18 is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail at email@example.com
EU Representative: Dr. Andreas Mätzler of Prighter has been designated as pymetrics’s representative in the European Union for data protection matters pursuant to Article 27 of the GDPR. Prighter may be contacted only on matters related to the processing of personal data of individuals in the EU. To make such an inquiry, please send an email to firstname.lastname@example.org or contact Prighter by post at: Prighter (Atten:pymetrics), Schellinggasse 3/10, Vienna 1010, Austria. If you are a GDPR-protected individual, you also have the right to lodge a complaint with an EU supervisory authority.
UK Representative: pymetrics UK Ltd. has been designated as pymetrics’s representative in the United Kingdom for data protection matters pursuant to Article 27 of the UK GDPR. pymetrics UK may be contacted only on matters related to the processing of personal data of individuals in the UK. To make such an inquiry, please send an email to email@example.com or contact pymetrics UK by post at: Whitefriars (Floor 11), Lewins Mead, BS1 2NT, Bristol, United Kingdom. If you are situated in the UK, you also have the right to lodge a complaint with the Information Commissioner’s Office.
Effective Date: 6 October, 2021