Harver 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.

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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.

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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 [email protected]

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.

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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 [email protected]

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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.

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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 [email protected], 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.

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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: [email protected].

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.

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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”.

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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 [email protected]

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 [email protected]

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 [email protected] 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 [email protected] 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: [email protected]

Effective Date: 6 October, 2021