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PRIVACY NOTICE



PRIVACY NOTICE

ACHIEVERS PLATFORM PRIVACY NOTICE

Last Updated: February 22, 2022

Previous version is available here.

INTRODUCTION

Achievers Corp. (together with the companies owned by and in common ownership
with Achievers Corp., “Achievers”, “we,” “our,” or “us”) recognizes the
importance of privacy in providing our employee recognition and rewards solution
(the “Services”) to our business customers (“Customers”). The Services include a
platform (the “Platform”) accessible by employees and other authorized users
(“Members,” “you,” or “your”) of our Customers. You have been given access to
this Platform by one of our Customers (your “Employer”).

This Platform Privacy Notice (the “Platform Privacy Notice”) describes how we
collect, use, disclose, and otherwise process personal information about you,
our Member (“Member Data”), in delivering the Service on behalf of our
Customers.

SCOPE OF THIS NOTICE

Who

This Platform Privacy Notice only applies to Achievers; it does not apply to
your Employer, nor to its use of Member Data, the Platform, or the Services. If
you have any questions regarding your Employer’s privacy policies or how they
use Member Data, either within or outside of the Platform, you should contact
the Program Administrator for your employer’s usage of this Platform.

What

This Notice describes how we collect and process your personal information
(which includes “personal data” or “personal information” as defined under
applicable data protection laws) and the rights you have regarding such data.

Where

This Platform Privacy Notice applies to the data processing activities of
Achievers solely with regard to the Achievers Platform. It also applies to any
collection or processing of Member Data by the Achievers mobile app and the
Achievers Connect Plugin for productivity platforms (such as Gmail, Microsoft
Outlook, Microsoft Teams, Microsoft SharePoint, Workplace by Facebook, etc.). It
also applies to those channels through which individuals communicate with us
about the Platform and Services, such as Customer Service, whether in person, by
telephone, by postal mail, email, or other means.

When

This Notice applies to the processing that Achievers performs when acting as a
Data Processor on behalf of your Employer (the Data Controller). Our processing
of Member Data is subject to the instructions we receive from your Employer and
we have no independent rights to use your Member Data. Our agreement with your
Employer does allow us to anonymize certain platform usage information in order
to analyze trends and perform benchmarking, however your personal information is
removed or irreversibly anonymized before we perform that research.

Please note: Links to third-party websites are provided solely for your
convenience; when you go to those sites, your experience there is subject to the
privacy notices and terms of use of those third-party sites, not ours, unless
you are explicitly told otherwise.

INFORMATION COLLECTED RELATED TO PLATFORM AND SERVICES

Achievers recognizes the importance of privacy and principles of data
minimization and privacy by design. As noted above, we collect and process
Member Data as directed by your Employer. This means that ultimately your
Employer controls the processing of your Member Data.

Member Data is provided to Achievers by your Employer and by you, our Members.
For instance, your Employer may provide us with your name, position, business
contact details, mobile phone number, and certain other relevant data about you,
so that we can make the Platform available to you. You may then choose to
provide your Member Data to us (e.g., your shipping address to redeem points for
products on the Platform, or your mobile phone number to receive communications
on your mobile device related to the Platform) and information about other
Members (e.g., to recognize a colleague for something).

Sensitive Data

Achievers does not wish to receive, nor does it intentionally collect, sensitive
Member Data from Customers or Members. If agreed by your Employer, and subject
to appropriate legal agreements, we may process data that is considered within
the scope of healthcare privacy laws, such as the Health Insurance Portability
and Accountability Act of 1996 (HIPAA). Your Employer may choose to use the
Platform in ways that could, either intentionally or unintentionally, capture
information that could be considered sensitive, such as race and ethnic origin,
religious or philosophical beliefs, gender, gender identity, sexual orientation,
trade union membership, or health-related data. If we receive any Member Data
that contains any of these categories of sensitive Member Data, we will treat it
in accordance with this Platform Privacy Notice and provide notice to your
Employer to export or remove such sensitive Member Data from the Platform.
Achievers shall have the right to delete such sensitive Member Data from the
Platform.

Automatically Collected Data

Achievers may automatically collect the following information about the use of
the Services through cookies, web beacons, and other technologies: domain name;
browser type and operating system; IP address; access time; device ID, name and
model; location and language information, the length of time you are logged into
the Platform; page views and referring URL; and your activities within the
Platform. We may combine this information with other information that we have
collected about you, including, where applicable, your username, name, and other
Member Data. Please see the section Purposes of Use and Processing” below for
more information.

Cookies

Achievers website uses a browser feature called a “cookie” to allow Members to
interact with the Platform. A cookie is a small text file that is placed on your
computer by a website. Cookies contain a unique session identification number,
the IP address of the request origin, and the last access time. You can manage
how your browser responds to cookies, including by blocking cookies, notifying
you when you receive a cookie, and allowing you to delete certain cookies.
However, if you block or disable cookies, you will not be able to use some of
the features available on the Platform.

“Do Not Track”

The Platform does not respond to web browser “Do Not Track” (DNT) settings or
headers. However, Achievers does not track Member Data of Members on the
Platform over time, across third party web sites or online services. Achievers
also does not authorize or enable any third party to collect Platform usage
Member Data through any advertising technology.

Web Beacons

Achievers uses images embedded in e-mail messages called “web beacons.” Web
beacons are clear images that allow Achievers to determine if a message has been
opened. It also allows Achievers to determine the IP address of the user that
opened it and to access any Achievers cookies. We may use this information in
the aggregate to assess and improve our email messages. Email web beacons can be
disabled by turning off HTML display and displaying text only or by turning off
image display while still using HTML within your email client.

PURPOSES OF PROCESSING

Achievers will only collect, use, disclose, and otherwise process Member Data
under the instructions of your Employer, as you instruct, or where otherwise
permitted or required by law. Achievers does so on behalf of Customers, to
provide the Services and as otherwise directed by you or your Employer under the
terms of our commercial agreement (the “Customer Agreement”). 

Subject to any requirements or restrictions in our Customer Agreements, we
generally process Member Data as follows:

 * to create an account and profile to enable Members to access and use the
   Platform;

 * to provide Members with the information, products or Services they have
   requested from us;

 * to operate our Platform in accordance with the terms of our relevant Customer
   Agreement;

 * for security authentication and to verify that Members are authorized to use
   the Services;

 * to process, evaluate and complete transactions and as necessary to provide
   the Services and operate the Platform;

 * to operate, evaluate, maintain, and develop the Services (including by
   monitoring and analyzing trends and usage statistics);

 * to respond to Member and Customer requests;

 * to provide Members with documentation or communications which Members have
   requested;

 * to correspond with Members to resolve their queries or complaints;

 * to send communications to Members as directed by Customer or other Members;

 * to manage, protect against and investigate fraud, risk exposure, claims and
   other liabilities, including but not limited to violation of our contract
   terms, laws or regulations, and to protect and prevent misuse of the
   Platform.

Disclosure of Member Data

We generally disclose Member Data under the following circumstances:

Affiliated Entities

Achievers may share Member Data with our affiliated businesses (“Affiliates”)
who provide services to us or on our behalf, as part of our business operations
and administration of the Services. Where relevant, we have executed written
agreements with such Affiliates that impose appropriate safeguards for the
protection of Member Data in compliance with applicable privacy laws.

Agents and Service Providers

Achievers may share Member Data with selected third parties (“Service
Providers”) who provide services to us or on our behalf, subject to our written
instructions. For example, we may work with fulfillment partners spanning
multiple international jurisdictions who are responsible for the delivery of
product redemptions; in that case, the relevant Service Provider is provided
with certain Member Data when Members would like to redeem a reward offered in
the Platform, which may include Members’ physical mailing address, email and
name.

Where relevant, Achievers has contractual agreements with Service Providers,
which require them to provide protection as required by applicable data
protection laws. Achievers does not transfer Member Data to a third party for
the third party’s own use. Achievers may be liable under the data protection
laws if one of its third-party processors processes Member Data in a manner
inconsistent with the such applicable data protection laws, if Achievers is
responsible for the event giving rise to the damage.

Your Employer

As a processor, Achievers will disclose Member Data to your Employer. Your
Employer and its designated administrator(s) will be able to access all
information you provide to the Platform, including information you post or send
through it, and information regarding any transactions or redemptions you make
on the Platform. For example, your Employer may need your Member Data for the
purpose of calculating, deducting and/or paying income tax in respect taxable
benefits in accordance with your Employer’s policies and applicable law. Where
applicable, Member Data provided through Listen may be masked or otherwise
concealed to promote your privacy interests, however, your Employer may unmask
or re-associate Member Data with your identity. Achievers has no control, and is
not responsible for how your Employer may access, use and disclose Member Data.
For more information on how your Employer may collect, use, disclose, or
otherwise process your Member Data, please contact your Employer. 

Member Content

Some areas of our Platform may allow you to upload or publish your own content
to an area of the Platform that may be viewed by some or all other Members who
have access to your Employer’s Platform, such as your colleagues (“Posting”).
You may also make Postings external to the Platform (e.g., on social media).
Such Postings may be associated with your name and any Member Data that you
choose to include in such Posting. Achievers cannot control, and is not
responsible for how any third parties, including your colleagues and/or your
Employer, may use such information. If you choose to include Member Data in a
Posting you post on the Platform, you consent to the disclosure of that Member
Data. If you do not wish to publish your Member Data in this manner, please do
not include it in a Posting you post to any area of the Platform that may be
viewed by other users. Except mentioning the name of another Member or using the
@-mention function to tag another Member in a Posting made to the Platform, You
may not include the Member Data of any other individual in your Postings unless
you have their consent.

Connect Plugins

Achievers Connect plugins for productivity platforms like Gmail, Microsoft
Outlook, Microsoft Teams, Microsoft SharePoint, and Workplace by Facebook
require the member’s email address to connect user profiles across the Achievers
platform and the target productivity tools. For Gmail and Microsoft Outlook, the
Connect plugin uses the To, CC and BCC fields from emails in the Inbox or other
folders to identify nominators and nominees for a recognition being posted to
the Achievers platform.

Other Disclosures

Achievers may use or disclose your Member Data to comply with a subpoena,
court-ordered discovery, a warrant, a lawful government request, or similar
legal process. If Achievers is involved in a merger, acquisition, or sale of all
or a portion of its assets, or in the event of a bankruptcy or dissolution of
our business, your personal information may be transferred to an acquiring
business or third party, including in contemplation of or related to due
diligence for such business transactions, subject to any applicable restrictions
under applicable laws. Achievers may use or disclose your Member Data if we
believe in good faith that disclosure is necessary to respond to claims asserted
against us; to protect our rights; to protect vital interests including your
safety or the safety of others; or, to investigate or prevent fraud.

Achievers may also use, or disclose Member Data to third parties, if Achievers
has reason to believe that using or disclosing such information is necessary to:
(i) conduct investigations of possible breaches of law; (ii) identify, contact,
or bring legal action against someone who may be violating an agreement they
have with us; (iii) investigate security breaches or cooperate with government
authorities pursuant to a legal matter; or (iv) to protect our rights, safety or
property, and/or the rights, safety, and property of our Customers, Members of
our Platform, and any other persons. Lastly, we may disclose Member Data for any
other purpose for which you have provided your Employer with consent.

Children

Achievers’ Services are provided to Employers (our Customers) and their
employees (the Members) and are not directed towards children. The Platform is
not designed for or intended to be used by children, which we define as anyone
under sixteen (16) years of age. We do not knowingly collect data from children
and we request that children do not provide personal information through the
Platform.

Security

The security of your Member Data is important to us. We have implemented
safeguards designed to protect the Member Data submitted to us, both during
transmission and once it is received, including encrypting the transmission
information (where appropriate). However, please note that no transmission over
the Internet is 100% secure. If you have any questions about the security of
your Member Data, you can contact us at privacy.office@achievers.com.

Data Integrity

Achievers will take steps to keep your Member Data accurate, complete and
up-to-date. Members will have the ability to review much of the Member Data we
have collected about them on the Platform. To make a request (e.g., access or
correction of your Member Data), please see the “Your Rights” section below.

Retention

It is our policy to retain your information only for as long as is necessary to
fulfill the purpose for which it was collected and processed, including our
contractual obligations to your employer. Unless otherwise instructed by your
employer, we will retain your information for as long as your account is active
or as needed to provide you services and for as long as may be required to
comply with our legal obligations, resolve disputes, maintain appropriate
business records, and enforce our agreements. Even if you request for your
information to be deleted, laws and regulations may require us to retain a copy
of certain information in our files for a longer period of time. Unless a
specific applicable law requires a different retention period, most data will be
retained for no longer than seven (7) years.

YOUR RIGHTS

For EU Residents

The European Union’s General Data Protection Regulation (“GDPR”) gives you
certain rights, including: a right to be notified of our data collection
practices; the purposes and lawful bases under which we process your data; if
our legitimate interests are a basis for processing, what those interests are;
the categories of data processed; the categories of third parties with whom data
is shared; the details of any data transfers outside of the EU and the
safeguards in place; the applicable retention periods or policies; the right to
access, correct, and delete (under certain circumstances) your personal
information; the right to receive a copy of your information in a “portable”
form so that you may transfer it to other services; the right to withdraw
consent for processing; the right to lodge a complaint with a data protection
authority; the right to be advised of the existence of any automated
decision-making, including profiling, and the right to object such decisions;
and, the right to withdraw consent without detriment. This Notice provides
details regarding how we honor those rights in the context of our role as a Data
Processor to your employer.

For California Consumers

California law gives you certain rights, including: a right to be notified of
(and to request more information about) our data collection practices; the
categories of data we process; the categories of third parties with whom data is
shared; the right to request disclosure (up to twice per year) of the personal
information we have about you or have had within the last 12 months: the right
to delete that information (under certain circumstances); the right to know if
your data is being sold; the right to know what personal information is being
sold and to opt-out of such sales (if applicable); the right to receive a copy
of your information in a “portable” form so that you may transfer it to other
services; and, the right to not be discriminated against for exercising these
rights. This Notice provides details on how we honor those rights in the context
of our role as a service provider to your employer.

How to Exercise Your Rights

If you would like to exercise your rights under applicable privacy laws to
access, amend, or request deletion of your Member Data, or make other requests
regarding your Member Data, you should contact your Employer and we will work
with your Employer, as needed, to assist them with information that they may
need to respond to your requests.

Achievers will only refuse access to information about you where permitted or
required by applicable privacy laws. If Achievers refuses access to you, it will
provide you with the reasons for its refusal upon request. Exceptions may
include information that contains references to other individuals, information
that cannot be disclosed for legal, security or commercial proprietary reasons,
and information that is subject to solicitor-client or litigation privilege.
Achievers will respond to your requests for access in accordance with applicable
privacy laws.

ENFORCEMENT AND DISPUTE RESOLUTION

Achievers will conduct periodic assessments to validate its continued adherence
to this Platform Privacy Notice. If you have a question or dispute about our
handling of your Member Data, please contact us at using the information in the
“Contact Us” section below.

Achievers will investigate and attempt to resolve complaints and disputes
regarding the use and disclosure of Member Data in accordance with the
principles contained in this Platform Privacy Notice. Achievers agrees to
cooperate with data protection authorities located in the European Union or
authorized representatives for disputes received from the European Union.

Under certain conditions, more fully described on the Privacy Shield website
at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, binding
arbitration may be an option when other dispute resolution procedures have been
exhausted. These provisions will only apply in circumstances where data was
transferred under the EU/US Privacy Shield program as further described below.

INTERNATIONAL TRANSFERS

Subject to our Customer Agreements, the Member Data that we collect from you may
be transferred to, processed, or stored at a location outside the local
jurisdiction, including the US, Canada, the UK, and other locations. This means
that Achievers may be required to disclose your Member Data in response to
lawful requests by public authorities, the courts, law enforcement, or national
security authorities in that other jurisdiction.

We will take steps to ensure that your Member Data receives an equivalent level
of protection as required by laws of that jurisdiction, including by entering
into data transfer agreements. For transfers from the EU, UK, or Switzerland to
the US, Achievers relies on adequacy decisions by the EU Commission or putting
in place Standard Contractual Clauses (or equivalent) as approved by applicable
supervisory bodies (such as the European Commission Standard Contractual Clauses
which can be found here: EU Commission Standard Contractual Clauses).

PRIVACY SHIELD

Achievers, through its US affiliate Achievers LLC, complies with the EU-US
Privacy Shield Framework (“EU Privacy Shield”) and the Swiss-US Privacy Shield
Framework (“Swiss Privacy Shield”) as set forth by the US Department of Commerce
regarding the collection, use, and retention of personal information transferred
from the European Union, the United Kingdom (“UK”), and Switzerland to the
United States.

As part of the certification made via its prior affiliate, Blackhawk Network
Inc., Achievers has certified to the Department of Commerce that it adheres to
the Privacy Shield Principles with respect to such information. If there is any
conflict between the terms in this Notice and the Privacy Shield Principles, the
Privacy Shield Principles shall govern. To learn more about the Privacy Shield
program, and to view our certification, please visit:
https://www.privacyshield.gov/.

Prior to July 16, 2020, Achievers relied on its EU-US Privacy Shield and Swiss
Privacy Shield certification as one means of demonstrating adequacy and
safeguarding transfers of data from the EU and Switzerland. In addition to
Privacy Shield, Achievers also executed Standard Contractual Clauses with
entities involved in such data transfers. As of July 16, 2020, Achievers will
primarily rely on country-level adequacy decisions or the Standard Contractual
Clauses for EU, UK, and Swiss transfers. For transfers occurring prior to July
16, 2020, Achievers will continue to be responsible for the processing of EU, UK
and Swiss Personal Information under the EU Privacy Shield Framework and will
maintain full compliance with the requirements of that framework until further
notice. Subsequent transfers of EU, UK, and Swiss Personal Information to any
third-party acting as an agent on our behalf occurring after July 16, 2020, will
be under the terms of the EU Commission’s Standard Contractual Clauses.

With respect to Personal Information received or transferred pursuant to the EU
or Swiss Privacy Shield Framework, Achievers is and will continue to be subject
to the regulatory enforcement powers of the U.S. Federal Trade Commission until
further notice.

In certain situations, Achievers may be required to disclose Personal
Information in response to lawful requests by public authorities, including to
meet national security or law enforcement requirements. To the best of our
knowledge, Achievers’ systems are not subject to routine access by government
authorities without warrants or appropriate accountability via established legal
process. Assurances and responsibilities regarding such disclosures are governed
by the applicable Standard Contractual Clauses.

Under certain conditions, more fully described on the Privacy Shield
website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you
may invoke binding arbitration when other dispute resolution procedures have
been exhausted.

CHANGES TO THIS PRIVACY NOTICE

This Notice is subject to change, so if this is your first time reading it,
please make sure it is not the last. If we make any changes to this Notice, we
will post those changes on this page and revise the “Last Updated” date at the
top. If we make any changes to the ways in which we process your information
that could be reasonably be considered material or substantial, we will make
additional efforts to notify you of those changes, either by email or via a
prominent notice on this Site prior to the change becoming effective. Where
required by law, we will obtain your consent or give you the opportunity to opt
out of such changes. Any changes will become effective when we post the revised
Notice.

CONTACT US

If you have any questions or concerns about your Member Data held by Achievers
or about the compliance by Achievers with Achievers Platform Privacy Notice,
please contact our Privacy Office or contact your Program Administrator as
indicated below.

By Regular Mail

Achievers
c/o Achievers Solutions Inc.

Attn: Privacy Office
99 Atlantic Ave. 7th Floor
Toronto, Ontario, M6K 3J8, Canada

By Email

privacy.office@achievers.com

Other Queries or Complaints

If you have any further queries or complaints that we are not able to answer,
you are recommended to contact the Data Privacy Supervisory Authority for the
country in which you reside. A list of EU/EEA Data Protection Authorities can be
found via the European Data Protection Board here. A list of data protection
authorities in other countries/regions can be found here.

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