PYMETRICS
PRIVACY POLICY
Last updated: May 20, 2019
1. INTRODUCTION
Pymetrics, Inc. (“Pymetrics”) values the trust our users place in us when they give us access to their personally-identifiable information (“Personal Information”). This Privacy Policy (“Policy”) describes how we work to maintain that trust.
Pymetrics has created this Policy in order to outline our collection, use, and sharing of information you provide to us when you access or use Pymetrics’ online and/or mobile services and websites (collectively, the “Site”), including, without limitation, pymetrics.com, any Pymetrics- mobile application, and any software provided by Pymetrics in connection with such services or websites. For the purposes of this Policy, any references to “we,” “our,” or “us” shall mean Pymetrics. This Privacy Policy covers only information that we collect through the Site, and not any other information collection or processing outside of the Site.
Please note that we reserve the right to review and update
this Privacy Policy from time to time.
Accordingly, each time you access or use the Site, you should check the Last Updated legend at the top of this Policy
and review any changes since you last accessed or used the Site. If you access or use the Site after an
updated Privacy Policy is published, you will be deemed to have agreed to the
amended Policy.
BY ACCESSING AND USING THIS SITE, YOU REPRESENT AND WARRANT
THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY
POLICY. IF YOU DO NOT AGREE TO THIS
PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THIS SITE.
2. INFORMATION
THAT WE COLLECT ABOUT YOU
Information
Provided by You Upon Creating an Account
When you create and register a user account (“Account”) on
the Site, you may be asked to provide or confirm certain pieces of Personal
Information, which may include one or more of the following:
You may also be asked to provide your demographic
information. However, providing such
information will always be voluntary.
We may supplement the Personal Information you provide with
additional Personal Information we gather from public sources or from
third-parties (e.g., consumer reporting agencies) that may lawfully provide
such information to us.
You are under no obligation to provide your Personal
Information, with the caveat that your refusal to do so may prevent you from
using certain of the Site’s features and services.
Information
Provided When You Contact Us
We may collect Personal Information that you voluntarily
provide to us when you contact us with a question or comment about our
Site. We collect one or more of the following types of Personal
Information when you contact us with a question or comment, or request
information from us about our products and services:
Passively
Collected Information
When you access and use our Site, we may automatically
collect and retain certain types of information, including your computer or
device’s internet protocol (IP) address and other technical information about
your computer or device and website usage, such as your browser type and
version, time zone setting, and operating system and platform.
When you play our online neuroscience-based games (the
“Games”) on the Site, we also collect and retain your “Gameplay Data,” which is
defined as information and data collected from your behavior and actions in the
course of playing our Games, including metadata about your real-time user
interaction with the Games. After your
completion of the Games, the Site will review your Gameplay Data and generate
your specific “Trait Profile,” which contains the Site’s assessment and
description of your cognitive, social, and personality traits.
We also use cookies on our Sites; for more information,
please see the Cookies and Other Tracking
Technologies section below.
We may collect certain additional information when you
access our Site with a mobile device or with Pymetrics
IOS and Android mobile apps. This information may include location, device
type, unique device identifier, operation system, and other app-specific user
data. This data is analyzed to help us create a more user-friendly mobile
experience. You may restrict collection of certain data, like location by
changing the setting preferences on your mobile device.
3. COOKIES AND
OTHER TRACKING TECHNOLOGIES THAT WE USE
We and our service providers use cookies, beacons, embedded
scripts, and local shared objects in connection with the Site.
● Cookies are small text files that are stored on your computer or device when you visit our Site. Cookies allow a website to recognize a particular device or browser. The use of cookies is a standard practice among websites to collect information about visitors’ activities while using the website.
● Beacons are small graphical images (also known as “pixel tags” or “clear GIFs”) that may be included on our Site and typically work in conjunction with cookies to assist our site with the automated collection data on user behavior. Pymetrics will not be able to personally identify you in connection with these practices.
● An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your computer or device from our web server or a third-party service provider, is active only while you are connected to the Site and is deactivated or deleted thereafter.
● Local Shared Objects. Local shared objects (or Flash cookies) are pieces of data that websites which use Adobe Flash may store on a user’s computer or device. Third parties with whom we partner to provide certain features on our Sites or to display advertising based upon your web browsing activity use local shared objects. Various browsers may offer their own management tools for removing local shared objects. In addition, you may manage Flash cookies by clicking here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html
The above technologies are used in analyzing trends;
administering the Site and its features and services; tracking users’ movements
around the Site; and to gather demographic information about our user base as a
whole. We may receive reports based on
the use of these technologies on an individual as well as aggregated basis.
We use cookies to remember users’ settings, market products
and services to users, and for authentication purposes. To manage the cookies that are placed on your
computer, you may configure your internet browser to refuse, accept, or delete
cookies from our Site at any time. The “Help” portion of the toolbar on
most browsers will tell you how to prevent your browser from accepting new
cookies; how to have the browser notify you when you receive a new cookie; or
how to disable cookies altogether. Please note that if cookies are
disabled or removed, not all features of our Site will operate as intended.
Third-Party
Analytics. We may also use service providers, such as Google
Analytics, that may use cookies or other technologies to collect information
about your online activities across this and other sites over time for
non-advertising purposes such as those described above. To learn more
about how Google Analytics collects and processes data and the choices Google
may offer to control these activities, you may visit http://www.google.com/intl/en/policies/privacy/partners/.
4. WHAT WE DO
WITH THE INFORMATION WE COLLECT
● General Uses. We also use the information we collect to manage, analyze, develop, customize, and improve our Site as well as our products and services (including our Games).
● Information Provided When You Register an Account and Play Our Games. We may use this information to authorize and administer your access to the Site, verify your identity, authenticate your visits, and provide our products and services to you. We may also use your information to improve and personalize your experience with us (including showing you relevant information such as your job matches), and, with your consent where necessary, notify you when you match a new open role on the Site, notify you when a recruiter or another user contacts you, remind you to finish any incomplete Games, send you information about us, and keep you informed of our products and services that may be of interest to you. We may combine your Personal Information with other Personal Information lawfully collected from third parties in order to better market and provide our products and services.
● Information Provided When You Contact Us. We may use this information to understand and respond to your question or comment.
● Passively Collected Information. We use passively collected information to monitor and maintain the performance of our Sites; analyze trends, usage, and activities in connection with our services; validate users and ensure their technological compatibility with users; optimize our marketing efforts; and to provide our products and services to you, including analyzing your Gameplay Data and developing your Trait Profile.
● Aggregate Data. We may use aggregate our user’s Personal Information and passively-collected information to create aggregate data which cannot be used to identify you (“Aggregate Data”). For example, Aggregate Data may include data that describes the general demographics, usage, Gameplay Data, or other characteristics of a Site’s users. We reserve the right to use, transfer, and/or sell Aggregate Data about the Site’s users for any lawful purposes. We also reserve the right to use such aggregate information in collaboration with outside researchers to measure and quantify the effectiveness of our products and services.
● Public Profile. If you select Public in your Privacy Settings tab on your Account Profile, we may use your information to match you with potential employers or job openings.
● Incumbent Employees. If you were directed to visit the Site, create an Account (or to sign into your existing Account), and play the Games by your current employer, then we may use your information to create a talent assessment model for a specific role at your current employer. In such a scenario, you would be deemed an “Incumbent Employee.”
● Job Candidates. If you were directed to visit the Site, create an Account (or to sign into your existing Account), and play the Games as part of the job application process for a specific employer, then we may use your information to assess your fit to a specific role(s) at this employer. In such a scenario, you would be deemed an “Job Candidate.”
● Other Purpose. We may use your information for any additional purpose which you separately authorize in the course of accessing and using our Site.
5. WITH WHOM WE
SHARE THE INFORMATION WE COLLECT
Personal Information of our users is an integral part of
our business. We reserve the right to
share your Personal Information with third parties as described below. We also reserve the right to transfer and/or
sell other types of data, including aggregate or de-identified data derived
from Personal Information, for lawful purposes in our discretion. Note that we do not share Personal
Information with third parties for their direct marketing purposes.
● Service Providers. We, like many businesses, sometimes hire other companies (“Service Providers”) to perform certain business-related functions. Examples include customer service, maintaining databases, data storage, cloud services, and hosting services. When we employ a Service Provider to perform a function of this nature, we provide it with the information that it needs to perform its specific function, which may include Personal Information and other information that you provide to us via the Site. These Service Providers are authorized to use your information only as necessary to provide these services to us.
● Legal Requirements. We may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to (a) comply with a subpoena or similar legal obligation; (b) protect and defend our rights or property; (c) act in urgent circumstances to protect the personal safety of users of the Site or the public; (d) protect against legal liability; or (e) or as otherwise required or permitted by law.
●
Public Profile. If you select Public under the “Recruiting Visibility” section of the Privacy
Settings tab on your Account profile, then we may share your Personal
Information and Trait Profile with a potential employer when our Site
determines that you might be a good match for this employer.
●
Limited Profile. If you select Limited
under the “Recruiting Visibility” section of the Privacy Settings tab on your
Account profile, then we may share your Personal Information and Trait Profile
with potential employers that you have actively expressed interest in.
● Job Candidates. If you were directed to visit the Site, create an Account, and play the Games as part of the job application process for a specific employer, then we share your Personal Information and Trait Profile with this employer and any third party that is pertinent to the employment application process.
● Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, total or partial sale of assets in bankruptcy or similar event, your Personal Information and other information may be part of the transferred assets.
● Other Third Parties. We may disclose your information to other third parties with your prior express consent.
You hereby consent to our sharing of your Personal
Information and other information for the above purposes.
EU Residents –
International Transfers of Personal Information. The
Personal Information that we collect from you may be transferred to, and stored
at, a destination outside the European Economic Area (“EEA”) in reliance on a
variety of compliance mechanisms, including data processing agreements based on
the EU Standard Contractual Clauses. It
may also be processed by staff operating outside the EEA who work for us or for
one of our suppliers. By submitting your
Personal Information, you agree to this transfer, storing, or processing. We will take all steps reasonably necessary
to ensure that your data is treated securely and in accordance with this
Privacy Policy.
6. EU-U.S. AND SWISS-U.S. PRIVACY SHIELD NOTICE
Effective: October 19, 2018
Pymetrics participates in and has certified our compliance with the EU-US Privacy Shield and the Swiss-US Privacy Shield frameworks regarding the collection, use, and onward transfer of Personal Information that we collect and process from the EEA, United Kingdom, and Switzerland. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement for Personal Information that we receive from companies or individuals in the EEA, United Kingdom, and Switzerland. Our Privacy Shield certification will be available here. We also receive some data in reliance on other compliance mechanisms, including data processing agreements based on the EU Standard Contractual Clauses. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Framework, visit the US Department of Commerce’s website (www.privacyshield.gov).
● Information Processed. See Sections 2 and 3 of this Policy.
● Purposes of Information Processing. See Section 4 of this Policy.
●
Third Parties with
Whom We May Share Information. See
Section 5 of this Policy.
● Questions or Complaints. If you are a resident of a European country participating in the Privacy Shield and you believe we maintain your Personal Information within the scope of this Privacy Shield certification, then you may direct any questions or complaints concerning our Privacy Shield compliance via the contact information in Section 8 of this Policy below. We will work with you to resolve your issue.
●
Dispute
Resolution. If you are a resident of
a European country participating in the Privacy Shield and you have not
received timely response to your concern, or we have not addressed your concern
to your satisfaction, you may seek further assistance, at no cost to you, from
JAMS (www.jamsadr.com), which is an independent dispute resolution body in the
United States.
●
Arbitration. You may also be able to invoke binding
arbitration for unresolved complaints but prior to initiating such arbitration,
a resident of a European country participating in the Privacy Shield must
first: (1) contact us and afford us the opportunity to resolve the issue; (2)
seek assistance from JAMS; and (3) contact the U.S. Department of Commerce
(either directly or through a European Data Protection Authority) and afford
the Department of Commerce time to attempt to resolve the issue. If such a resident invokes binding
arbitration, each party shall be responsible for its own attorney’s fees. Please be advised that, pursuant to the
Privacy Shield, the arbitrator(s) may only impose individual-specific,
non-monetary, equitable relief necessary to remedy any violation of the Privacy
Shield Principles with respect to the resident.
● U.S. Federal Trade Commission Enforcement. Our Privacy Shield compliance is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
● Right of Access. See Section 7 of this Policy.
●
Requirement to
Disclose. We may disclose Personal
Information when we have a good faith belief that such action is necessary to:
conform to legal requirements or to respond to lawful requests by public
authorities, including to meet national security or law enforcement
requirements; or to enforce our contractual obligations.
●
Liability. If a third-party service provider providing
services on Pymetrics’ behalf processes Personal
Information from the EEA or Switzerland in a manner inconsistent with the
applicable Privacy Shield Principles, Pymetrics will
be liable unless we can prove that we are not responsible for the event giving
rise to the damages.
●
Human Resources
Data. Pymetrics
commits to cooperating with EU Data Protection Authorities (DPAs) and the Swiss
Federal Data Protection and Information Commissioner (FDPIC) and will comply
with the advice provided by such authorities with regard to human resources
data transferred from the EU and Switzerland in the context of Pymetrics’ employment relationship with our employees.
7. YOUR CHOICES REGARDING YOUR INFORMATION
Choice
You are not required to create an Account to gain access to
many services and features of the Site.
If you use the Site’s personalized services and features (e.g., the
Games and Trait Profile), you will need to create an Account and enter Personal
Information, which we will treat as described in this Privacy Policy.
Our Opt-out
Policy
We may send you notifications and communications using the
email address you provided to us when you registered your Account. To stop receiving some or all email
communications from us, you can use the “Email Settings” tab of your Account
profile to edit your email preferences.
Alternatively, you can use the “unsubscribe” mechanism provided in the
email communication
We will also send you service-related email announcements
on rare occasions when it is necessary to do so. For instance, if our service is temporarily
suspended for maintenance, we might send you an email. You do not have an option to opt out of these
emails, which are not promotional in nature.
If you do not wish to receive these announcements, you have the option
to deactivate your account.
Accessing,
Correcting, and Updating Your Information
You may access, correct, and update most of your Personal
Information under the Account Settings tab of your Account profile. You may also email us at privacy@pymetrics.com with information necessary for us to process your
request. We will respond to your request
within a reasonable timeframe. We may
need to verify your identity before granting access to Personal Information in
our custody or control.
Note that because some of our Games are designed to test
memory and instinctive behavior (which can be skewed through subsequent
gameplay), once you start or complete the Games, your Gameplay Data and Trait
Profile cannot be reset, amended, deleted, or overridden for a period of 12
months after you have completed the Games.
Deactivating
Your Account
You may deactivate your Account using the Deactivate Account button under the
Account Settings tab on your Account profile.
When you deactivate your Account, you will no longer be able to log into
the Account. You will also no longer be
able to create any new Accounts with the email address associated with the
deactivated Account. If you wish to
reactivate your deactivated Account, please email us at privacy@pymetrics.com with the email address.
A deactivated Account does not mean that all of the
information associated with your Account is expunged from our systems, although
such information will now no longer be readily available to you.
Deleting Your
Information
You may request to delete your Personal Information by
emailing us at privacy@pymetrics.com with information necessary for us to process your
request. Note that any deletion request
will be subject to our Retention Policy below.
Note that because some of our Games are designed to test
memory and instinctive behavior (which can be skewed through subsequent gameplay),
once you start or complete the Games, your Gameplay Data and Trait Profile
cannot be reset, amended, deleted, or overridden for a period of 12 months
after you have completed the Games.
Our Retention
Policy
We may retain your information for as long as your Account
is active or as long as necessary to provide you with our services, comply with
our legal obligations and regulatory requirements, preserve and protect our
rights as allowed by law, resolve disputes, maintain security, prevent fraud
and abuse, and enforce our agreements (including our End User Agreement).
In accordance with our obligations and requirements under
local law, we must retain your information for a period of 2 years following
the date of your last recorded assessment. As a result, if you request deletion
of any information prior to this 2-year anniversary, we must wait until the
2-year period has passed, after which we will process your deletion
request. If you do not have any recorded
assessments during the last 2 years, then we will process your request within
10 business days of receipt.
Even if we are obligated to retain certain information,
once you delete your Account or request deletion of your Personal Information,
your Personal Information will cease being visible to third parties through our
Site, regardless of whether you selected Public
or Limited through the Privacy
Settings tab of your Account profile.
As discussed above, we may aggregate our user’s Personal
Information and other information to create de-personalized Aggregate Data
which cannot be used to identify you. We
will retain such Aggregate Data even after any Personal Information deletion
requests have been processed.
8. MISCELLANEOUS
Other Websites. Our Site may
contain links to third-party owned and/or operated websites or mobile
applications. We do not own nor control
these third-party websites or mobile applications, and accordingly assume no
responsibility for the information practices of those sites or apps. We suggest that you review their privacy,
security, and data collection and distribution policies, if any, prior to
providing such websites or apps with any information.
Blogs and
Public Features of the Sites. Our Site may contain features, e.g. blogs, chat
rooms, community forums, sharing functions, etc., that permit you to upload,
post, transmit, display, perform, or distribute content and information,
including your Personal Information. Any
information that you choose to disclose by means of such features becomes
public information over which we are unable to exercise control. You should exercise caution when deciding to
disclose information by means of such features, and you agree to assume all
responsibility for doing so.
Single Sign-On. You can create
an Account using sign-in services such as Facebook or LinkedIn. This service will authenticate your identity
and provide you the option to share certain Personal Information with us such
as your name and email address to pre-populate our sign-up form. Please note that your relationship with
Facebook, LinkedIn, or any other third-party website is governed solely by your
agreement with such third-party website.
Security. The security
of your Personal Information is important to us. We take commercially reasonable steps to help
protect your Personal Information from loss, misuse, unauthorized access,
disclosure, alteration, and destruction.
For example, we use one or more of secure socket layer (SSL) encryption,
firewalls, and self-updating anti-virus software. Your Personal Information will be stored in
the United States and will be subject to laws applicable in that country. While
we take all steps, we consider appropriate, to protect your data,
unfortunately, no company can fully eliminate security risks, so we cannot make
guarantees about any part of our services.
Please create a unique password for your Account and do not share your
password with anyone else.
Minors. Visitors under
18 years of age are not permitted to use and/or submit their Personal
Information at the Site. We do not
knowingly solicit or collect information from visitors under 18 years of
age. We encourage parents and guardians
to spend time online with their children and to participate and monitor the
interactive activities of their children.
Contacting Us. The Contact Us link on the Site contains an
e-mail link that allow you to contact us directly with any questions or
comments that you may have. If you have
any questions about this Privacy Policy or our privacy practices, please feel
free to contact us at privacy@pymetrics.com or at:
Pymetrics, Inc.
102 Madison Avenue, 5th Floor
New York, NY 10016
United States of America