Privacy Policy

Last updated November 4, 2020

Introduction

Performitiv, LLC, has developed this Privacy Policy to explain how we may collect, retain, process, share and transfer your Personal Data when you visit our Sites or use our Services. This Privacy Policy applies to your Personal Data when you visit https://app.performitiv.com/a/login, and does not apply to online websites or services that we do not own or control.

This Privacy Policy is designed to help you obtain information about our privacy practices and to help you understand your privacy choices when you use our Sites and Services. Please note that our Service offerings may vary by region.

We have defined some terms that we use throughout the Privacy Policy. You can find the meaning of a certain terms in the Definitions section.

Please contact us at info@Performitiv.com if you have questions about our privacy practices that are not addressed in this Privacy Policy.

(1) What Information Does The Platform Collect?

We may collect information about you when you visit our Sites or use our Services, including the following:

Registration and use information – When you register to use our Services by establishing an Account as a User (located at https://app.performitiv.com/a/login), we will collect Personal Data as necessary to offer and fulfill the Services you request. We may require you to provide us with an email address to establish an Account and optional information such as first name and last name to complete your user profile. We may require you to provide us with additional Personal Data as you use our Services.
Transaction and experience information – When you use our Services or access our Sites, for example, to review reports or collect assessment or operational feedback, we collect responses on the assessment and operational feedback forms from Respondents, as well as other information associated with the feedback such as demographic data (ex. job function) and Device Information, Technical Usage Data, and Geolocation Information.
Participant information – When you use our Services or access our Sites, we collect Personal Data you or the Respondents provide us about the Respondents associated with the assessment or operational data you collect within our system.
- Send or request assessments: When you send or request assessment data (ex. a survey) we collect Respondent email and, if applicable, Respondent demographic data (ex. job function).
- Send or request operational data: When you send or request operational data (ex. error rates, customer satisfaction scores) we collect Respondent email and, if applicable, respondent demographic data (ex. job function).
Information about Users and Contacts – Users of the system are identified by email address, first name, last name, user ID and user password. Contacts are identified by first name, last name, title and email address.
Information about you from third-party sources – We may obtain information from third-party sources such as feeder systems that integrate with our system. This information may also be in the form of email address, and if applicable, first name, last name, job title, and demographic data (ex. job function).
Other information we collect related to your use of our Sites or Services – We may collect additional information from or about you when you communicate with us, contact our customer support teams or respond to a survey.

(2) Why Do We Retain Personal Data?

We retain Personal Data to fulfill our legal or regulatory obligations and for our business purposes. We may retain Personal Data for longer periods than required by law if it is in our legitimate business interests and not prohibited by law. If your Account is closed, we may take steps to mask Personal Data and other information from Users and Respondents and Contacts in the system, but we reserve our ability to retain and access the data for so long as required to comply with applicable laws. We will continue to use and disclose such Personal Data in accordance with this Privacy Policy.

(3) How Do We Process Personal Data?

We may Process you and your Respondent information for the following reasons:

To operate the Sites and provide the Services, including to:
Collect assessment and operational data
To display information for management reporting
To manage our business needs, such as monitoring, analyzing, and improving the Services and the Sites’ performance and functionality. For example, we analyze User behavior and perform research about the way you use our Services.
To manage risk and protect the Sites, the Services and you from fraud by verifying your identity, and helping to detect and prevent abuse of the Sites or Services.
To market to you by delivering marketing materials about Performitiv products and online Services and the products and services of unaffiliated businesses. We may also Process your Personal Data to tailor certain Services or Site experiences to better match our understanding of your interests.
To comply with our obligations and to enforce the terms of our Sites and Services, including to comply with all applicable laws and regulations.
To respond to your requests, for example to contact you about a question you submitted to our customer service team.

(4) Do We Share Personal Data?

We may share your or your Respondents Personal Data or other information about you with others in a variety of ways as described in this section of the Privacy Policy.

We may share your Personal Data or other information for the following reasons:

With other companies that provide services to us: We may share Personal Data with third-party service providers that perform services and functions at our direction and on our behalf. These third-party service providers may, for example, provide contract or vendor services to improve the performance and functionality of the Services you consume, provide you with Services, verify your identity, assist in processing transactions, or provide customer support.

With other third parties for our business purposes or as permitted or required by law: We may share information about you or your Respondents within your system with other parties for Performitiv’s business purposes or as permitted or required by law, including:

if we need to do so to comply with a law, legal process or regulations;
to law enforcement authorities or other government officials, or other third parties pursuant to a subpoena, a court order or other legal process or requirement applicable to Performitiv.
if we believe, in our sole discretion, that the disclosure of Personal Data is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity;
to protect the vital interests of a person;
to investigate violations of or enforce a user agreement or other legal terms applicable to any Service;
to protect our property, Services and legal rights;
to facilitate a purchase or sale of all or part of Performitiv’s business;
in connection with shipping and related services for purchases made using a Service;
to help assess and manage risk and prevent fraud against us, our Users and fraud involving our Sites or use of our Services, including fraud that occurs at or involves our business partners, strategic ventures, or other individuals, contractors and vendors.
to companies that we plan to merge with or be acquired by; and
to support our audit, compliance, and corporate governance functions.

With your consent: We also will share your or your Respondents Personal Data and other information with your consent or direction, including if you authorize an account connection with a third-party platform. In addition, Performitiv may provide aggregated statistical data to third-parties, including other businesses and members of the public, about how, when, and why Users visit our Sites and use our Services. This data will not personally identify you or provide information about your use of the Sites or Services. We do not share your Personal Data with third parties for their marketing purposes.

(5) How Do We Work with Other Services and Platforms?

A significant benefit and innovation of Performitiv’s Services is that you can connect (i.e. integrate) your Account with a third-party platform. For the purposes of this Privacy Policy, an “account connection” with such a third-party is a connection you authorize or enable between your Account and a non-Performitiv system that you or your organization lawfully control or own. When you authorize such a connection, Performitiv and the third-party will exchange Personal Data and other information directly. Examples of account connections include:

integrating the third-party platform with Performitiv to more effectively automate system administration or system data collection (ex. receiving a training class roster from a third- party system to send evaluations to training participants).

If you choose to create an account connection, we may receive information from the third-party about you and your Respondents and your use of the third-party’s service. We will use all such information that we receive from a third-party via an account connection in a manner consistent with this Privacy Policy.

Information that we share with a third-party based on an account connection will be used and disclosed in accordance with the third-party’s privacy practices. Before authorizing an account connection, you should review the privacy notice of any third-party that will gain access to you or your organizations Personal Data as part of the account connection. For example, Personal Data that Performitiv shares or receives with a third-party account or platform may in turn be shared with certain other parties, including the general public, depending on the account’s or platform’s privacy practices.

(6) How Do We Use Cookies and Tracking Technologies?

When you or your Respondents visit our Sites, use our Services, we and our business partners and vendors may use cookies and other tracking technologies (collectively, “Cookies”) to recognize you as a User and to customize your online experiences, measure the effectiveness of our Services and system, perform analytics; and to mitigate risk, prevent potential fraud, and promote trust and safety within our Sites and Services. Certain aspects and features of our Services and Sites are only available through the use of Cookies, so if you choose to disable or decline Cookies, your use of the Sites and Services may be limited or not possible.

An embedded script is programming code that is designed to collect information about your interactions with the Platform, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the Platform, and is deactivated or deleted thereafter.

(7) What Privacy Choices Are Available To You?

You have choices when it comes to the privacy practices and communications described in this Privacy Policy.

Choices Relating to the Personal Data We Collect
- Personal Data. You may decline to provide Personal Data when it is requested by Performitiv, but certain Services or all of the Services may be unavailable to you.
- Location and other device-level information. The device you use to access the Sites or Services may collect information about you, including Geolocation Information and User usage data that Performitiv may then collect and use. For information about your ability to restrict the collection and use of such information, please use the settings available in the device.
Choices Relating to Account Connections
- If you authorize an account connection to a third-party system, such as an ERP or LMS system you may be able to manage your connection preferences from your business rules provided to us during the setup process or the third-party platform. Please refer to the privacy notice that governs the third-party platform for more information on the choices you may have.
Choices Relating to Cookies
- You may have options available to manage your cookies preferences. For example, your browser or internet device may allow you delete, disable, or block certain cookies and other tracking technologies. You can learn more by visiting AboutCookies.org. You may choose to enable these options, but doing so may prevent you from using many of the core features and functions available on a Service or Site.
Choices Relating to Your Registration and Account Information
- If you have an Account, you generally may review and edit Personal Data (user ID, email, first name, last name) by logging in and updating the information directly or by contacting us. Email us at info@performitiv.com if you do not have an Account or if you have questions about your Account information or other Personal Data.
Choices Relating to Communication
- Notices, Alerts and Updates from Us:
Marketing: We may send you marketing content about our Sites, Services and products. You may opt out of these marketing communications by following the instructions in the communications you receive.
- Informational and Other: We will send communications to you that are required or necessary to send to Users of our Services, notifications that contain important information and other communications that you request from us. You may not opt out of receiving these communications. However, you may be able to identify others in your organization that should receive these notices in your replacement.

(8) How Do We Protect Your Personal Data?

We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your Personal Data against loss, misuse, unauthorized access, disclosure, and alteration. The security measures include firewalls, data encryption, physical access controls to our data centers, and information access authorization controls. While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the Personal Data we maintain about you and others from your organization or other organizations that you or your organization processes through Performitiv is accurate and current. We are not responsible for protecting any Personal Data that we share with a third-party based on an account connection that you have authorized. We are not responsible for protecting any Personal Data you or members of your organization share with a third-party based on any extracts you or others from your organization generate (ex. downloads, prints, PDFs, shared reports, screen shots) from the Performitiv Services or Sites. While we incorporate reasonable safeguards to help protect and secure our networks, including your and your Respondents Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Platform and provide us with your information at your own risk.

(9) How Do I Change My Information And Communications Preferences?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. If you have any questions or requests about: (a) access to Personal Information; (b) the collection, use, management or disclosure of your Personal Information; (c) objection or blocking of your personal information; (d) deletion of your personal information; or (e) this Privacy Policy, you should contact us in the following way: By e-mail: info@Performitiv.com.

(10) Can Children Use Our Services?

The Sites and Services are not directed to children under the age of 18. We do not knowingly collect information, including Personal Data, from children or other individuals who are not legally able to use our Sites and Services. If we obtain actual knowledge that we have collected Personal Data from a child under the age of 18, we will promptly delete it, unless we are legally obligated to retain such data. Contact info@performitiv.com if you believe that we have mistakenly or unintentionally collected information from a child under the age of 18.

(11) What About Credit Card Info?

Certain Performitiv users will submit credit card information to subscribe to the service. This credit card information is stored by a trusted third-party supplier who has represented to us that it will only handle Personal Information in accordance with security practices prevalent in the payment industry. Our payment supplier will have to share your payment information with credit card companies to process your payments to us.

(12) What About Consent To Transfer Information To The United States?

The Platform is operated in the United States and intended for users internationally provided the countries where the users reside are not on a sanctioned or prohibited country list provided by the United States government. If you or your Respondents are located anywhere outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Platform or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.

(13) What is the independent recourse mechanism for Privacy Shield complaints?

In compliance with the Privacy Shield Principles, Performitiv commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Performitiv at: info@performitiv.com

Performitiv has further committed to refer unresolved Privacy Shield complaints to The EU Data Protection Authorities (DPA) to cover HR data and Non-HR data under the EU-U.S. Privacy Shield Framework. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact The EU Data Protection Authorities (DPA).

(14) What About Cooperating with EU data protection authorities?

Performitiv commits to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.

(15) What Additional Information Should Individuals Be Aware Of?

The right of individuals to access their personal data.

Individuals may have access to personal information about them that Performitiv holds and be able to correct, amend, or delete that information where it is inaccurate, or has been processed in violation of the Privacy Shield Principles, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated.

The choices and means Performitiv offers individuals for limiting the use and disclosure of their personal data.

Performitiv offers individuals the opportunity to choose (opt out) whether their personal information is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals.

Performitiv would cooperate if it were a subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Performitiv would cooperate if the possibility, under certain conditions exists, for the individual to invoke binding arbitration.

Performitiv’s liability in cases of onward transfers to third parties.

In the context of an onward transfer, Performitiv, as a Privacy Shield organization, has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. Performitiv shall remain liable under the Privacy Shield Principles if its agent processes such personal information in a manner inconsistent with the Privacy Shield Principles, unless the Performitiv proves that it is not responsible for the event giving rise to the damage

(16) What Else Should You Know?

Changes to This Privacy Policy.

We may revise this Privacy Policy from time to time to reflect changes to our business, the Sites or Services, or applicable laws. The revised Privacy Policy will be effective as of the published effective date.

If the revised version includes a substantial change, we may notify Users of the change using email or other means.

(17) Contact Us

You may contact us if you have general questions about our Privacy Policy and practices or questions about your Account information or Personal Data. Contact Us: By e-mail: info@Performitiv.com.

(18) Definitions

Account means a Performitiv User Account.

Device Information means data that can be automatically collected from any device used to access the Sites or Services. Such information may include, but is not limited to, your device type; your device’s network connections; your device’s name; your device’s IP address; information about your device’s web browser and the internet connection being used to access the Site or Services; Geolocation Information; information about apps downloaded to your device; and biometric data (e.g., Touch ID/Fingerprint to verify your identity).

Geolocation Information means information that identifies with reasonable specificity your location by using, for instance, longitude and latitude coordinates obtained through GPS, Wi-Fi, or cell site triangulation. Some of our Services may ask you for permission to share your current location. Some of the Sites and Services require this information to provide a specific product or online Service. If you do not agree to our collection of the geolocation information, our Sites or Services may not function properly when you try to use them.

Performitiv means Performitiv, LLC. and subsidiaries or affiliates. In this Privacy Policy, Performitiv is sometimes referred to as “we,” “us,” or “our,” depending on the context.

Personal Data means personal information that can be associated with an identified or identifiable person. “Personal Data” can include first name, last name, email address, job title, and demographic data associated to the person (ex. job function, years of service, business unit). Personal Data does not include information that does not identify a specific User.

Process means any method or way that we handle Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, and consultation, disclosure by transmission, disseminating or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data.

Respondents or your Respondents means individuals who receive requests from Performitiv but are not registered Users of Performitiv. Respondents receive and respond to survey requests, operational data requests, action plan and task requests, document or contact requests. They do not have a User login or password but respond to specific requests from Performitiv based on User authorized actions.

Services means any products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by Performitiv in connection with an Account.

Sites means the websites from which Performitiv offers its Services (https://app.performitiv.com/a/login)

Technical Usage Data means information we collect from your phone, computer or other device that you use to access the Sites or Services. Technical Usage Data tells us how you use the Sites and Services, such as what you have searched for and viewed on the Sites and the way you use our Services, including your IP address, statistics regarding how pages are loaded or viewed, the websites you visited before coming to the Sites and other usage and browsing information collected through Cookies.

User means an individual who uses the Services or accesses the Sites and has established a relationship with Performitiv by registering an Account and agreeing to the Performitiv Terms and Conditions located at https://app.performitiv.com/a/login.