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PYMETRICS PRIVACY POLICY 

Last updated: October 6, 2021

To view the Privacy Policy in French, please click here.

To view the Privacy Policy in Chinese (Traditional), please click here.

To view the Privacy Policy in Chinese (Simplified), please click here.





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.

‍

This Privacy Policy describes how, with respect to the pymetrics
software-as-a-service platform (the “Services”), we collect, store, use and
disclose the following types of personal data:

 1. Talent Management Data relating to individuals who are registered as
    employee incumbents of our corporate clients and information associated with
    their interactions with our games through the Services (“Incumbent(s)” or
    “Employee(s)”);
 2. Talent Acquisition Data relating to individuals who use the Services, either
    as part of one of our corporate clients’ recruitment process, or
    individually following the termination of their original application when
    they participate in our redeployment platform (“Candidates”);
 3. Sites Usage, Customer Relationship Management (“CRM”) & Prospective Client
    Data, and Human Resources Data relating to visitors of our website,
    participants at our events, business clients, partners, and any prospective
    clients, partner, employee or candidate who visits or otherwise interacts
    with any of our websites, online ads and content, emails or other
    communications under our control (“pymetrics Sites” or “Sites”).

Specifically, this Privacy Policy describes our practices regarding the
following with respect to our Services:

 1.  Data Collection
 2.  Data Users
 3.  Data Location and Retention
 4.  Data Sharing
 5.  Cookies and Tracking Technologies
 6.  Communications
 7.  Data Security
 8.  Data Subject Rights
 9.  Data Controller/Processor
 10. Additional Notice & Contact Details




If you are an Incumbent, Candidate, visitor, partner or prospective client
(“you”), please read this Privacy Policy carefully and make sure that you fully
understand and agree to it.

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.

‍

1. DATA COLLECTION

‍

(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”):

 * Account Data – full name, employer e-mail address, educational history,
   current occupation and title, employment history, accessibility
   accommodations, demographic information;  
 * Gameplay Data –your real-time user interaction with the Games;
 * Trait Profile and Job Analysis Reports – the assessment and description of
   your cognitive, social and personality traits as generated following the
   completion of the Games;
 * Video Data – the images, videos, voice and audio information and transcripts
   of your interaction with us;
 * Usage Data – connectivity, technical and aggregated usage data and activity
   logs, log-in and log-out time, user agent, IP addresses, device and mobile
   app data (like device type, OS, device ID, app version, browser version and
   locale), pymetrics game session recordings and analytics, and the cookies and
   pixels installed or utilized on their device as it pertains to the pymetrics
   Sites;
 * Direct Interactions and Communications Data – including recordings and
   transcripts of your calls, emails, form submissions and chats with us, e.g.
   for customer support, feedback, training purposes, etc.

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”):

 * Account Data - full name, e-mail address, educational history, current
   occupation and title, employment history, accessibility accommodations,
   demographic information;  
 * Gameplay Data - your real-time user interaction with the Games;
 * Trait Profile and Job Analysis Reports – the assessment and description of
   your cognitive, social and personality traits as generated following the
   completion of the Games;
 * Video Data - the images, videos, voice and audio information and transcripts
   of your interaction with the Games;
 * Usage Data- connectivity, technical and aggregated usage data and activity
   logs, log-in and log-out time, user agent, IP addresses, device and mobile
   app data (like type, OS, device ID, app version, browser version and locale),
   pymetrics game session recordings and analytics, and the cookies and pixels
   installed or utilized on their device as it pertains to the pymetrics Sites;
 * Direct Interactions and Communications Data - including recordings and
   transcripts of your calls, emails, form submissions and chats with us, e.g.
   for customer support, feedback, training purposes, etc.

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”):

 * pymetrics Sites Usage Data - connectivity, technical and aggregated usage
   data, such as user agent, IP addresses, device data (like device type, OS,
   device ID, browser version, locale and language settings used), activity
   logs, session recordings, and the cookies and pixels installed or utilized on
   our Sites and/or a user’s device as it pertains to our Sites;
 * Business Account Data - contact details, contractual and billing details
   relating to our clients and partners, which may also contain the details of
   their internal focal persons who directly engage with pymetrics on behalf of
   their organization (e.g. the account administrators, billing contacts and
   authorized signatories on behalf of the client or partner, as well as the
   needs and preferences of the client or partner, as identified to us or
   recognized via our engagement with them);
 * CRM and Prospective Client Data - contact and business details, our
   communications with clients and prospective clients (correspondences, call
   and video recordings, call transcripts, and analyses thereof), as well as any
   needs, preferences, attributes and insights relevant to our potential
   engagement.
 * Human Resources Data – contact, business and personal details regarding
   pymetrics job applicants, CVs, photographs and our communications with job
   applicants (correspondences, call and video recordings, call transcripts), as
   well as evaluations and feedback following interviews and other interactions
   with us.

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.  

‍

To the extent that any of the above-mentioned data pertains only to a non-human
entity (e.g., the phone number or bank account of a company or business), we
will not regard it as “personal data” and this Privacy Policy will not apply to
it.

2. DATA USES

‍

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.

‍

If you reside or are using the Services in a territory governed by privacy laws
under which "consent" is the only or most appropriate legal basis for the
processing of personal data (in general, or specifically with respect to the
types of personal data you expect or elect to process or have processed by or
via the Services, e.g. ‘special categories’ under the GDPR), your acceptance of
our Privacy Notice and this Privacy Policy will be deemed as your consent to the
processing of your personal data for all purposes detailed in this Policy. If
you wish to revoke your consent, please contact us at privacy@pymetrics.com

‍

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:

 1.  To facilitate, operate, and provide our Services (including the Games);
 2.  To authenticate the identity of the employees and candidates users and to
     allow them to access and use our Services;
 3.  To provide assistance and support to our customers, employees and
     candidates;
 4.  To gain a better understanding on how users use and interact with our
     Services, and how we can improve user experience, and continue improving
     our products, offerings and the overall performance of our Services;
 5.  To contact you with general or personalized service-related messages, as
     well as promotional messages that may be of specific interest to you (as
     further described in Section 6 below);
 6.  To facilitate, sponsor and offer certain events, contests and promotions;
 7.  To support and enhance our data security measures, including for the
     purposes of preventing and mitigating the risks of fraud, error or any
     illegal or prohibited activity;
 8.  To assist us in our own hiring and human resources team processes (i.e. in
     relation to Human Resources Data);
 9.  To create aggregated, statistical data, inferred non-personal data or
     anonymized or pseudonymized data (rendered non-personal), which we or our
     business partners may use to provide and improve our respective services,
     or for any other purpose; and
 10. To comply with applicable laws and regulations.

‍

3. DATA LOCATION & RETENTION

‍

Data Location: Your personal data may be maintained, processed and stored by us
and our authorized Service Providers (defined below) in multiple locations,
including in the United States and Europe, as reasonably necessary for the
proper performance and delivery of our Services, or as may be required by law.
While privacy laws may vary between jurisdictions, pymetrics and its Service
Providers are each committed to protect personal data in accordance with this
Privacy Policy, customary industry standards, and such appropriate lawful
mechanisms and contractual terms requiring adequate data protection, regardless
of any lesser legal requirements that may apply in the jurisdiction to which
such data is transferred. These may include transferring your personal data to a
country which is considered to provide an adequate level of protection to your
personal data, or putting in place standard contractual clauses and additional
security measures to ensure your personal data is protected.

‍

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
privacy@pymetrics.com

‍

4. DATA SHARING

‍

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“).

‍

These Service Providers may have access to your personal data, depending on each
of their specific roles and purposes in facilitating and enhancing our Services,
and may only use it for such limited purposes as determined in our agreements
with them. Should you decide to directly engage with any of our Service
Providers, please note that such engagement is beyond the scope of our Terms and
Conditions and Privacy Policy, and will therefore be covered by our Service
Provider’s terms and policies. Our Service Providers are “data processors” in
circumstances where we assume the role of “data controller”; and where we act as
the “data processor” for our business client, the Service Provider is our
“sub-processor” (as further described in Section 9 below).

‍

Third Party Websites and Services: Our Services may also include links to
third-party websites, and integrations with third party services. These websites
and third-party services, and any information you process, submit, transmit or
otherwise use with such websites and third-party services, are governed by the
third party’s terms and privacy practices and policies, and not by this Privacy
Policy. We encourage you to carefully read the terms and privacy policies of
such website and third-party services.

‍

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.

‍

Our Subsidiaries and Affiliated Companies: We may share personal data internally
within our group of companies, for the purposes described in this Privacy
Policy. In addition, should we or any of our subsidiaries or affiliates undergo,
or propose to undergo, any change in control or ownership, including by means of
merger, acquisition or purchase of substantially all or part of our assets, your
personal data may be shared with the parties involved in such an event. If we
believe that such change in control might materially affect your personal data
then stored with us, we will notify you of this event and the choices you may
have via e-mail or prominent notice on our Services.

‍

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.

‍

5. COOKIES AND TRACKING TECHNOLOGIES

‍

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.

‍

Every browser allows you to manage your cookies preferences. Please bear in mind
that disabling cookies may complicate or even prevent you from using certain
parts of features of the Services. For more information, please review our
Cookie Policy.

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.

‍

6. COMMUNICATIONS

‍

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 privacy@pymetrics.com, or by following the
“unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions
contained in the promotional communications you receive.

‍

7. INFORMATION SECURITY

‍

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.

‍

8. DATA SUBJECT RIGHTS

‍

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: privacy@pymetrics.com.  

‍

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.

‍

9. DATA CONTROLLER/PROCESSOR

‍

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 controller” of personal data pertaining to clients,
suppliers, visitors and prospective clients, and assumes the responsibilities of
a data controller (solely to the extent applicable under law), as set forth in
this Privacy Policy. In such instances, our Service Providers processing such
data will assume the role of “data processor”.

‍

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).

‍

pymetrics is typically the “data controller” of Candidate Data (see section 1
above) and assumes the responsibilities of a data controller (solely to the
extent applicable under law), as set forth in this Privacy Policy. In such
instances, our Service Providers processing such data will assume the role of
“data processor”.

‍

10. ADDITIONAL NOTICES

‍

Updates and Amendments: We may update and amend this Privacy Policy from time to
time by posting an amended version on our Services. The amended version will be
effective as of the date it is published. We will provide prior notice if we
believe any substantial changes are involved via any of the communication means
available to us or via the Services. After such notice period, all amendments
shall be deemed accepted by you.

‍

External Links: While our Services may contain links to other websites or
services, we are not responsible for their privacy practices. We encourage you
to pay attention when you leave our Services for the website or application of
such third parties, and to read the privacy policies of each and every website
and service you visit. This Privacy Policy applies only to pymetrics’s Services.

‍

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
privacy@pymetrics.com

‍

Data Protection Officer: pymetrics has appointed PrivacyTeam as our Data
Protection Officer (“DPO”), for monitoring and advising on pymetrics's ongoing
privacy compliance and serving as a point of contact on privacy matters for data
subjects and supervisory authorities. If you have any comments or questions
regarding our Privacy Policy, if you have any concerns regarding your privacy,
or if you wish to make a complaint about how your personal data is being
processed by pymetrics, please contact our DPO at dpo@pymetrics.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 privacy@pymetrics.com 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 privacy@pymetrics.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.

‍

Questions, concerns or complaints: If you have any comments or questions
regarding our Privacy Policy, or if you have any concerns regarding your
personal data held with us, please contact us at: privacy@pymertics.com




Effective Date: 6 October, 2021





‍


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