Date of issue: September 30, 2016
Achievers Corp. (together with the companies owned by and in common ownership with Achievers Corp, “Achievers”) is committed to protecting the privacy of users who use the Achievers public Web Site (the “Website”) http://www.achievers.com/.
“Personal Information” is personally identifiable information such as your name, address, date of birth, phone number and e-mail address and includes information about your business, service and recorded complaints.
Personal Information is collected by Achievers when you specifically and knowingly choose to provide it to us, such as when you choose to receive program information, register for events, or engage in the service offering provided by Achievers.
Achievers collects and uses your Personal Information primarily for the purpose of providing you with the information, products and services you have requested from us
VISITING OUR WEBSITES
When you visit any Achievers Websites and navigate from page to page or download content onto your computer, we record the pages that are visited and the content that is downloaded.
We use this information to determine the number of people visiting our Websites and sections of the sites are visited most frequently. This helps us to determine the type of information that is most useful to our visitors so that we can improve our Websites and make it easier for you to access information.
Achievers logs the date and time, the URL of the referring page (if applicable) and originating IP address of your computer or network that you use to access our sites. This is done for systems administration and security related purposes. Your IP address identifies the location of your computer on the internet.
A cookie is a small text file that is placed on your hard disk by a Website. Cookies contain a unique identification number that identifies your browser, but not you, to our systems each time you visit one of our Websites. Cookies tell us which pages of our Websites are visited and by how many people. Achievers does not collect any Personal Information about you through cookies nor can a cookie carry a damaging payload (such as malware).
There are two types of cookies in use with Achievers Websites which include:
- Session based cookies – Only used for the length of time you remain on the Website and expire when you leave the Website.
- Persistent based cookies – Are more permanent in nature and can re-used when you return to the Website from the same computer.
“DO NOT TRACK” BROWSER SETTING
Achievers does not respond to web browser “do not track” (DNT) settings or headers with respect to Achievers public Websites. Currently no common industry standard for DNT has been adopted and there is also no consistent standard of interpreting user intent when the DNT setting is enabled. Achievers takes privacy seriously will continue to monitor policy advocates, technical experts, regulators and companies attempting to create a consensus interpretation around DNT browser technology and the implementation of a standard.
When you send us an e-mail or when you ask us to respond to you by e-mail, we collect your exact e-mail address and any information you have included in the e-mail message.
We use your e-mail address to acknowledge your comments and/or reply to your questions, and we will store your communication and our reply in case we correspond further. We may use your e-mail address to send you information about offers on products or special promotions that we believe may be of interest to you.
Achievers uses images imbedded 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.
Remember that e-mail sent over the Internet is generally unencrypted and transmitted in clear text. We recommend that you use caution when forwarding free-format e-mail messages to us and that you do not include confidential information (such as unique user IDs, passwords or Personal Information) in those messages. Confidential information should be transmitted to us through other secure methods as defined by Achievers.
If you indicated that you were interested in receiving information from our website, or other marketing initiatives (webinars, conferences, etc.) your personal information would also be used to contact you or to send you materials via e-mail and other mailings about products and services that might be of interest to you.
In the case that you enter a contest or other promotion offered by Achievers, your Personal Information will be used to administer the promotion, including the use of your name and selected other information for the purposes of contacting, announcing and promoting the winners of the contest or promotion.
If you don’t want us to contact you by e-mail with offers on products and special promotions, you may tell us by selecting the unsubscribe option at the bottom of the communication or by contacting the Privacy Office.
Achievers may also contact you from time to time to conduct market research and surveys in an effort to continually improve our product and service offering.
Anonymous or “non-personal” information gathered by Achievers through our Websites may be used for technical, research or analytical purposes. Information collected through surveys, existing files and public archives may be used by Achievers to analyze our markets and to develop or enhance product or service offerings.
Achievers will seek your consent, as required by applicable privacy legislation, prior to the collection, use and disclosure of the information. Subject to legal and contractual requirements, you can refuse to consent to our collection, use or disclosure of information about you. You may also withdraw your consent to any further collection, use or disclosure of information about you at any time by giving us reasonable notice. If our intended disclosures or uses of information change, we will notify you accordingly.
Your Personal Information will not be used for any other purpose without your consent.
Achievers products, services and sites are provided to employers and their employees and are not directed towards children or the general public. We do not knowingly collect any information from children.
ACCOUNTABILITY FOR ONWARD TRANSFER
To ensure that we efficiently provide the information, products or services you have requested from us, Achievers may share your Personal Information with selected Service Providers who are acting on our behalf to assist us in carrying out the purposes identified in this policy. For example, we may work with Service Providers to track and manage the request that you have made on the Website for white papers, demos, information about Achievers Service offering, etc. Such Service Providers are provided only with information as is necessary which may include your physical mailing address, e-mail address and name. Information provided to Service Providers may be used only for the purpose stipulated and is subject to strict terms of confidentiality. Achievers represents that any third party for which Personal Information may be disclosed by Achievers subscribes to The Personal Information Protection and Electronic Documents Act (PIPEDA) and/or the principles in Privacy Shield, and/or U.S.-Swiss Safe Harbor Framework or are subject to applicable laws providing the same level of privacy protection.
If you live in the European Economic Area (“EEA”), the data that we collect from you may be transferred to and stored at a location outside the EEA. It may also be processed by staff operating outside the EEA who work for Achievers or for one of our Service Providers. Among other things, such staff may process and store your information and provide support services.
Achievers reserve the right to transfer any Personal Information Achievers have about you in the event that we merge with or are acquired by a third party or should any such transaction be proposed. Achievers may also use, or disclose your Personal Information 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 clients, users of our platform, and any other persons. Lastly, we may disclose your Personal Information for any other purpose to which you consent.
DATA INTEGRITY AND PURPOSE LIMITATION
Achievers will try to ensure that information about you is accurate, complete and up-to-date. In the event that your information is incorrect or if there is a change to your information, contact Achievers Privacy Office to request a correction to the information. If we have disclosed inaccurate information about you to a third party, we will be pleased to contact the third party in order to correct the information.
Achievers assumes no responsibility for the content or the privacy policies of third party Websites to which we may provide links or references. Please be aware that when you do follow any links from an Achievers Website to another Website not owned or operated by Achievers you are subject to their Privacy Policies.
Achievers has internal policies in place that govern the retention of your Personal Information. Your Personal Information will be retained when you are a prospect or customer or for a reasonable time thereafter, or as required by relevant statutory, regulatory or contractual requirements. When Achievers is no longer required to retain your Personal Information, we will securely destroy your Personal Information based on our data disposal policies and relevant regulations or return the data to your employer for destruction at their request.
If you have any questions about the collection, use or disclosure of your Personal Information by Achievers, or if you simply want to know whether we have any of your Personal Information on file, you may contact our Privacy Officer. Except in limited circumstances, as specifically provided by applicable privacy legislation, Achievers can tell you whether we hold Personal Information about you.
Achievers will only refuse access to your Personal Information in those circumstances permitted and required by applicable privacy legislation. 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 legislation.
Where Achievers has knowledge that one of Achievers employees or Service Providers is using or disclosing Personal Information in a manner contrary to this Policy, Achievers will take reasonable steps to prevent or stop the use or disclosure. Achievers holds its employees and Service Providers accountable for maintaining the trust that employers and users place in our company.
EU-U.S PRIVACY SHIELD
Achievers participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Achievers is committed to subjecting all Personal Information received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. https://www.privacyshield.gov/list.
Achievers is responsible for the processing of Personal Information it receives, under the Privacy Shield Framework, and subsequently transfers to a Service Provider acting as an agent on its behalf. Achievers complies with the Privacy Shield Principles for all onward transfers of Personal Information from the EU, including the onward transfer liability provisions.
With respect to Personal Information received or transferred pursuant to the Privacy Shield Framework, Achievers is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. 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.
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.
U.S. – SWISS SAFE HARBOR FRAMEWORK
Achievers complies with the U.S. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of Personal Information from Switzerland. Achievers has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Achievers certification, please visit https://safeharbor.export.gov/swisslist.aspx.
QUESTIONS OR CONCERNS
By Regular Mail:
Attn: Privacy Office
221 Main Street, Suite 1200
San Francisco, CA