1. INTRODUCTION AND GENERAL INFORMATION
1.1 General information
DecisionWise, LLC, a Utah (USA) limited liability company, headquartered at 815 W. 450 S., Springville, Utah, 84653, U.S.A. (“DecisionWise,” “We,” or “Us”), conducts research projects through surveys and other data gathering techniques (focus groups, questionnaires, etc.). www.decison-wise.com. DecisionWise conducts its research on behalf of employers, its clients and customers, around the world.
At DecisionWise, the privacy and security of Employers, Users, Respondents, and Visitors are of paramount importance. DecisionWise is committed to protecting the data you share with us. This Policy explains how DecisionWise collects and processes information that can be used to directly or indirectly identify an individual, included in the definition of Personal Data below.
All information stored on DecisionWise’s platforms and servers is treated as confidential. DecisionWise contracts with Confirmit, www.confirmit.com, which is a subcontractor and software vendor that provides us with our survey design and survey administration software platform. Survey responses are stored on cloud-based servers controlled by Confirmit. More information about Confirmit’s security and privacy policies can be found here: https://www.confirmit.com/Legal-Notices/; https://extranet.confirmit.com/Confirmit-Horizons/Overview/security-features/; https://www.confirmit.com/Privacy-Notice/
Data, including Personal Data, collected by DecisionWise that is not stored on Confirmit’s platform, will be stored on locked and secure servers in DecisionWise’s headquarters or on secure, hosted servers provided by Amazon Web Services. There is no public access to the servers located in DecisionWise’s headquarters. These local servers may only be accessed by DecisionWise personnel onsite or through a secure virtual private network.
As noted, DecisionWise maintains its own data networks, where it may store Personal Data that is used to prepare and administer its surveys and other research tools. This type of Personal Data will be collected directly from an Employer and its Users.
All responses collected from Respondents will be gathered through Confirmit’s platform or through the use of paper surveys, which will be shipped using FedEx or other reputable common carrier.
DecisionWise implements and maintains appropriate technical, security, and organizational measures to protect Personal Data against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure.
1.2 Sensitive Data
Sensitive Data may be provided by an Employer to DecisionWise. In addition, DecisionWise may ask a question on a survey that might ask for Sensitive Data. By answering a survey question, a Respondent is agreeing to the collection and use of the data being provided by the Respondent.
In this Policy, “Sensitive Data” means Personal Data that discloses a Respondent’s race or ethnicity, sexual orientation, sex at birth, gender identity, or trade/union membership.
In this Policy, “Personal Data” includes the following:
Under the laws of the United States, Personal Data shall include any “non-public personal information” as that term is defined in the Gramm-Leach-Bliley Act found at 15 USC Subchapter 1 §6809(4), and “protected health information” as defined in the Health Insurance Portability and Accountability Act found at 45 CFR §160.103.
Under the laws of the countries in the European Economic Area (“EEA”), Personal Data shall have the meaning given to it in Directive 95/46/EC (the “EU Directive”) and in the General Data Protection Regulation (“GDPR”). “EU” means the European Union.
Under the laws of Australia, Personal Data shall include information or an opinion about an identified individual or an individual who is reasonably identifiable: (a) whether the information is true or not; and (b) whether the information or opinion is recorded in a material form or not.
“Data Controller” means the party that determines the purposes or means of the processing of the Personal Data.
“Data Processor” means the party that processes the Personal Data on behalf of the Data Controller.
2. COLLECTION AND USE
The following sections cover the specifics of each of the four groups from which data is collected: Employers, Users, Respondents, and Visitors.
2.2 Website Visitors
If you are a Visitor to our website only, and not a Respondent, Employer, or User, then this Section 2.2 is relevant for you.
By visiting our public websites, you consent to the collection and use of your Personal Data as described herein. If you do not agree with the terms set out herein, please do not visit our public websites. If required by applicable law, we will seek your explicit consent to process Personal Data collected on this website or volunteered by you. Kindly note that any consent will be entirely voluntary. However, if you do not grant the requested consent to the processing of your Personal Data, the use of our public websites may not be possible.
Personal Data may comprise your IP address, first and last name, your postal and email address, your telephone number, your job title, data for social networks, your areas of interest, interest in DecisionWise products, and certain information about the company you are working for (company name and address), as well as information as to the type of relationship that exists between DecisionWise and yourself.
DecisionWise gathers data about visits to its public websites, including numbers of Visitors and visits, Geo-location data, length of time spent on the site, pages clicked on or from where Visitors have come.
2.2.1 Purpose of processing Visitor Personal Data
DecisionWise uses collected data from Visitors to communicate with Visitors, to customize content for Visitors, to show ads on other websites to Visitors, and to improve its websites by analyzing how Visitors navigate and use its websites.
We may process Personal Data if we have your consent or for legitimate business purposes, which include the following:
- Where the processing enables us to enhance, modify, personalize, or otherwise improve our services and communications for the benefit of Visitors and customers.
- To identify and prevent fraud.
- To enhance the security of our network and information systems.
- To better understand how people interact with our websites.
- To provide postal communications, which we think will be of interest to you.
- To determine the effectiveness of promotional campaigns and advertising.
Whenever we process data for these business purposes, we will ensure that we always keep your Personal Data rights in high regard and take account of these rights. If you object to this processing, please do not use our public websites.
2.2.2 Sharing Personal Data
DecisionWise may also share Personal Data with service vendors or contractors in order to provide a requested service or in order to analyze the Visitor behavior on its website. DecisionWise does not transfer your Personal Data to anyone other than to these limited third parties (vendors to DecisionWise) who are specifically using your Personal Data to help DecisionWise improve its website experiences or to use the data to inform and improve DecisionWise’s marketing efforts.
DecisionWise will never sell your Personal Data to anyone. DecisionWise will never transfer your Personal Data to a third party who will use your Personal Data for any purpose other than to help DecisionWise with its marketing efforts.
2.2.4 Links to other websites
If you are a Respondent, and not a Visitor, Employer, or User, then this Section 2.3 is relevant for you.
DecisionWise collects Personal Data from Respondents when they respond to a survey invitation or answer questions from DecisionWise. Before you respond to an online survey from DecisionWise, you will be given the opportunity to consent to the collection of your Personal Data.
YOU ARE NOT REQUIRED TO ANSWER ANY SURVEY OR ANY PARTICULAR SURVEY QUESTION. YOUR EMPLOYER MAY NOT PENALIZE YOU FOR FAILING TO ANSWER A SURVEY OR SURVEY QUESTION.
If you receive a paper survey from DecisionWise, your consent is given when you return the paper survey to us.
Respondents should be aware that in responding to surveys or survey invitations, they will be disclosing information that may make them personally identifiable to DecisionWise. In addition, Personal Data about the Respondent may be provided to DecisionWise by the Respondent’s Employer.
As a general matter, DecisionWise collects the following types of Personal Data from its Employers and associated Respondents:
- Employee Name
- Employee Date of Hire (Tenure)
- Employee Date of Birth
- Employee Compensation
- Employee Department and Classification
- Employee Contact Information for the Employer, such as work e-mail, work phone numbers, etc.
When an Employer, User, or a Respondent uses our services online, we may collect their IP address and browser type. We may associate IP address and browser type with a specific person. We also may collect Personal Data from persons who contact us through our websites to request additional information; in such a situation, we may collect contact information (as discussed above) and any other information that the person chooses to submit through our websites.
DecisionWise is a third-party service provider to an Employer. In our capacity as a service provider, we will receive, store, and/or process Personal Data that is owned and/or controlled by the Employer and the Respondents associated with the Employer, including information about the Employer’s employees, agents, contractors, or other individuals. In such cases, we will process the Personal Data on behalf of and under the direction of the Employer pursuant to a written contract with the Employer. The information we collect from the Employer and Respondents in this capacity is used for preparing reports, managing transactions, invoicing, renewals, and other operations related to providing our services to the Employer, and as otherwise requested by the Employer.
DecisionWise uses Personal Data that it collects from the Respondents and Employers in its role as a service provider for the following business purposes, without limitation: (1) to gather and process survey feedback from Respondents (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to an Employer); (2) satisfying governmental reporting, tax, and other requirements (e.g., import/export); (3) storing and processing data, including Personal Data, in computer databases and servers located in the United States; (4) verifying identity (e.g., for online access to accounts); (5) as requested by the Employer or a Respondent; (6) for other business-related purposes permitted or required under applicable local law and regulation; and (7) as otherwise required by law.
All data collected online is done so through encrypted (SSL) channels.
2.3.1. Inquiries by Respondents
If you wish to inquire about your Personal Data that may have been collected by DecisionWise, we recommend that you contact your Employer, or you may contact us as explained in Section 6 below.
2.4 Users and Employers
If you are a User or Employer, and not a Visitor or Respondent, then this Section 2.4 is relevant for you.
We will act on an Employer’s and User’s consent to process and collect Personal Data based on our written contract with the Employer.
An Employer interfaces with DecisionWise through its Users. In order to provide services and data reports to a User, DecisionWise collects certain types of data from the Users, such as passwords, logins, IP addresses, security tokens (for single-sign-on functionality, SSO), etc.
2.4.2 Collection of User data
During a User’s registration on our platforms, they provide information such as name, company name, email, address, telephone, and other relevant data. This information is used by DecisionWise to identify the User and provide the User with secure access to DecisionWise’s platforms. DecisionWise Users can at any time access and edit, update or delete their contact details by contacting the DecisionWise representative that has been assigned to their account.
All data collected online is done so through encrypted (SSL) channels.
2.4.3 Collection of Respondent data as it relates to Users and Employers
The purpose of collecting Personal Data from Respondents as part of a survey will vary depending on the survey set up by DecisionWise. As DecisionWise provides surveys to a wide group of Respondents and Employers, the purposes may vary. For Respondents in the EEA, DecisionWise will be the Data controller, as defined in the EU Directive and the GDPR. All data collected online is done so through encrypted (SSL) channels.
2.4.4 Geographical locations for data storage and data transfers to the United States via the EU – U.S. Privacy Shield Framework
DecisionWise stores Personal Data in secure servers located in the United States. Personal Data is transferred to the United States via the transfer mechanism known as the EU – U.S. Privacy Shield Framework (“Privacy Shield”). DecisionWise complies with Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. DecisionWise has certified that it adheres to the Privacy Shield Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. Our Privacy Shield Policy is available on our primary website, www.decision-wise.com.
No other person has access to your Personal Data while on these servers excepts for DecisionWise personnel, Amazon personnel, or Confirmit personnel. Third parties, except for Confirmit, do not have any access to any data or Personal Data.
All data collected by DecisionWise that is not stored on Confirmit’s platforms, will be stored on locked and secure servers in DecisionWise’s headquarters or on secure hosting facilities provided by Amazon Web Services. DecisionWise has data processing agreements in place with its vendors, ensuring compliance with the EU Directive and the GDPR.
With respect to Personal Data received or transferred pursuant to the Privacy Shield Framework, DecisionWise is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, DecisionWise may be required to disclose personal data in response to lawful requests by public authorities including to meet national security or law enforcement requirements.
2.4.5 Data Processor/Data Controller
DecisionWise processes Personal Data both as a Data Processor and as a Data Controller, as defined in the EU Directive and the GDPR. DecisionWise adheres to the EU Directive and the GDPR from May 25, 2018 onward.
3. RETENTION AND DELETION OF PERSONAL DATA
3.1 Personal Data provided by Users, Employers, and Respondents
DecisionWise will not retain Personal Data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations. For Personal Data provided by Users, Employers, and Respondents, it will be stored with Confirmit or DecisionWise for no more than 3 years (with deletion taking place near the end of each calendar year). After 3 years, portions of the Personal Data (in DecisionWise’s sole discretion) will be archived and stored for an additional 7 years (“Archived Data”). Archived Data will no longer be accessible by any network or accessible by any person other than DecisionWise’s Director of Technology or DecisionWise’s Data Protection Officer.
All Archived Data will be locked and stored in DVD backup disks, with access limited to physical inspection by DecisionWise’s Director of Technology or DecisionWise’s Data Protection Officer. There will never be online access to Archived Data. After a total of 10 years (3+7), all Archived Data, except for Research Data (defined below), will be permanently and physically destroyed.
The term “Research Data” means Personal Data that has been transformed into strictly anonymized data for research and trending purposes and which may be kept indefinitely. Research Data will not retain any characteristic whereby it could be reverse-engineered to make it personally identifiable. Anonymized data will have all identifiable information permanently deleted, and not merely rendered anonymous by having the data encrypted or hashed.
After 3 years, any data that has not become Archived Data or Research Data will be permanently deleted.
3.2 Personal Data provided by Visitors
Personal Data obtained from Visitors shall be permanently deleted by DecisionWise after 5 years if there is no activity between DecisionWise and the Visitor during the 5-year period, or such shorter time of inactivity as may be established in DecisionWise’s discretion. Otherwise, if there is activity between DecisionWise and a Visitor, the Visitor’s personal data will be retained until it is deleted due to inactivity the Visitor makes a request under this Policy. Activity between DecisionWise and a Visitor is defined as the transmission and receipt of marketing materials and/or a visit to DecisionWise’s public websites.
4. ACCEPTANCE OF THIS POLICY
We may update this Policy to reflect changes to our information practices. If we make any material changes we will notify you by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
We may also disclose your Personal Data as required by law such as to comply with a subpoena or other legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. If DecisionWise is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email or a prominent notice on our website of any change in ownership, changes to the use of your Personal Data, and choices you may have regarding your Personal Data.
We will reveal a user’s Personal Data without his/her prior permission only when we have reason to believe that the disclosure of this information is required to establish the identity of, to contact or to initiate legal proceedings against a person or persons who are suspected of infringing rights or property belonging to DecisionWise or to others who could be harmed by the user’s activities or of persons who could (deliberately or otherwise) transgress upon these rights and property. We are permitted to disclose Personal Data when we have good reason to believe that this is legally required.
6. MISCELLANEOUS, DATA PROTECTION OFFICER; EU REPRESENTATIVE
DecisionWise has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. Our Data Protection Officer can be reached as follows:
Attn: Data Protection Officer
815 W. 450 S.
Springville, Utah 84653
We have appointed EU Business Partners as our representatives in the EU for the purposes of Article 27 of the General Data Protection Regulation. You may contact our EU representative, as well as us directly, with any query that you may have in relation to your personal data. The contact details of our EU representative are as follows:
EU Business Partners,
10 Ashe Street,
Point of contact: Flor McCarthy
If you have any questions about how we use your personal data or about this Policy, you may send an email to firstname.lastname@example.org. If you would like to reach our Data Protection Officer (as defined under the GDPR) you can contact that person at email@example.com or at +1 801-515-6500×130
If you have an unresolved privacy or Personal Data use concern that we have not addressed satisfactorily, please contact us for a list of the EU data protection authorities (DPA) you may contact for further, independent resolution.
Upon request, DecisionWise, will provide you with information about whether we control any of your Personal Data on our own behalf. If you wish to obtain a copy of particular information you provided to DecisionWise, if you become aware that the information is incorrect and you would like us to correct it, update it, or delete it, if you would like to exercise any of your legal rights such as those in relation to updating your preferences regarding how we use your personal data, or to withdraw consent, contact us at firstname.lastname@example.org. We will respond to your access request within a reasonable timeframe and within the timelines prescribed by applicable law. Before DecisionWise is able to assist you, provide you with any information, or correct any inaccuracies, we may ask you to verify your identity and to provide other details to help us to respond to your request. We will endeavor to respond within an appropriate timeframe.
Should you want to report an incident relating to our security, confidentiality, or privacy, you are welcome to file a report by contacting us or emailing us at email@example.com.