Privacy Policy

This ZENITHR privacy policy ("Privacy Policy") is provided in a layered approach so that you can click through to specific areas set out below.

Important Information

Purpose of this Privacy Policy

ZENITHR has agreed with your employer ("Employer Agreement") to grant you access to the ZENITHR system ("System") and/or to complete surveys or otherwise use the System. This Privacy Policy sets out how we collect and process your personal data.

References in this Privacy Policy to "your employer" shall refer to the entity who has entered into the Employer Agreement with us. You will typically be an employee, officer, contractor, or consultant of a ZENITHR client.

Our Status and Responsibilities

Your employer is the data controller for the purposes of personal data processed under this Privacy Policy. ZENITHR will process your personal data on behalf of your employer and in accordance with its lawful instructions.

The information you provide to us and/or upload to the System (whether or not it constitutes personal data) will also be governed by the Employer Agreement.

Where ZENITHR acts as a data controller; for example, where you receive marketing communications from us, our other privacy policy will apply. For further information please see here.

For information on how to contact us, please see the "How to contact us" section below.

Personal Data We Collect About You and How We Collect It

We will collect and process the following personal data about you:

Information You Give Us

You may provide us with information about you:

• When using the System's functions, including by filling in forms, providing individual feedback, or completing surveys on or via the System. The extent of the information collected in surveys is set by your employer. This information may include your name, photo, age, company email address, company telephone number, job title, level of seniority, department, work start date, salary, and primary office location, as well as any views/comments you provide to us about you or your colleagues' performance in your respective roles, or information regarding your employer, your colleagues or other third parties during the course of completing surveys or otherwise using the System;
• If you contact or correspond with us (for example, using any support function we make available), we may keep a record of that correspondence (either directly or through our service providers).
• Any comments, opinions, and/or feedback you provide to us regarding the System, for example, during any trial or beta period that you may participate in when providing eNPS scores or participating in research panels.

Information Your Employer Gives Us

Your employer may provide us with information about you:

• When creating a user profile for you in order to enable you to access the System under the Employer Agreement (whether on a trial or full basis) or to allow us to send surveys, individual feedback requests, and similar communications to you. This information may include your name, age, company email address, company telephone number, job title, level of seniority, department, work start date, salary and primary office location;
• Otherwise, in the course of your employer's use of the System.

Information We Collect About You

Each time you complete a survey or otherwise use the System, we may automatically collect the following information:

• When you use the System, we will keep a record of the details of that usage, including the date, time, location, frequency, and duration of the usage;
• We may obtain further information about you from your employer, for example, to verify your eligibility to access and use the System;
• Technical information about your computer or mobile device for system administration and analysis, including your IP address, URL clickstreams, unique device identifiers, operating system, and network and browser type;
• Other information about your use of the System, including the pages you have viewed, the duration spent on the System, and data files you have uploaded to the System. This information may be linked to your user profile (where relevant).

Information We Receive from Other Sources

We work closely with third parties (including, for example, business partners, other companies within our group, subcontractors, and analytics providers) and may receive information about you from them. Details of third-party providers are set out in the section below entitled "Who we share your information with."

How We Use Your Personal Data

Please note that we are permitted to collect, use, disclose, and/or otherwise process any information other than personal data, including data sets you upload to the System or otherwise provide to us, to the fullest extent permitted by the Employer Agreement.

Where we have collected, received, or generated personal data from or about you, we may use this for the purposes and on a legal basis as set out below.

Information You Give to Us

We will use this information to:

• Carry out our obligations arising from the Employer Agreement. This includes providing your employer with aggregated and anonymized reports and analysis summarising information provided during your use of the System, including in any Engagement Surveys, 360° Feedback Assessments, Employee Exit Surveys, aggregated with information from other employees and personnel, and (where relevant) comparing this data with past or future employee responses and/or industry benchmarks. Where applicable, this will also include providing you with individual feedback comments from your colleagues, as well as providing your personal feedback to your colleagues. All survey and/or individual feedback responses are entirely optional: individual questions (or the entire survey) may be skipped, and there is no requirement for any surveys to be completed;
• Contact you for your feedback on our services and to help us evaluate and improve our services, for example, by acting on any information you have provided to us;
• Notify you about changes to the System and any other services of ours that you use, including informing you about new versions of the System and about new features, functionality, and service offerings; or
• Deal with any inquiries, correspondence, concerns, or complaints you have raised or that have been raised by or concerning third parties (such as your employer) involving you and any issues caused by your use of the System.

Information We Collect About You

We will use this information:

• To administer and improve the System and other services, including ensuring that content is presented in the most effective manner for you and for your computer or device;
• To report to your employer relating to the use of the System, as may be required under the Employer Agreement;
• For internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• To allow you to participate in interactive features of the System when you choose to do so;
• As part of our efforts to keep the System safe and secure; or
• To compile reports (which do not personally identify you) on the usage of the System.

Information We Receive from Other Sources

We may combine information from other sources with the information you give to us, or we collect about you and use this information as specified above.

Legal Basis for Processing

In relation to the above uses, we shall process your personal data on the legal basis determined by your employer or where it's necessary for the purposes of our legitimate interests, including:

• To enable us to perform our contractual obligations under the Employer Agreement;
• To improve or optimize our services;
• To maintain the security of our computer systems;
• To understand how the System is used and to improve the user experience of the System;
• To protect and defend our legal rights;
• For troubleshooting; and
• For data analysis, testing, and research purposes.

Please Also Note

• We will not undertake any surveys or analysis via the System by specific reference to any special categories of personal data (including racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health data, sex life or sexual orientation) unless this has been expressly requested or configured by your employer. Where this is the case, it is your employer's responsibility to ensure they have obtained your explicit consent to such processing or that they have another lawful basis for such processing (please contact your employer if you have any questions). However, you might, in the course of providing comments or feedback in a survey, provide personal data within one of the above categories where this has not been requested.
• For Engagement Surveys, 360° Feedback Assessments, and Employee Exit Surveys, we will not reveal your identity to your employer other than in exceptional circumstances, as explained further below in the section entitled "Who we share your personal data with."
• Data collected from you and other employees or personnel may be used by us in an aggregated and anonymized form for statistical and benchmarking purposes, including enabling comparisons to other organizations within the same industry.

Who We Share Your Personal Data With

We may share your personal data with other companies in our group, where necessary or desirable, in the course of the provision of services to you or your employer.

We may also share your personal data with selected third parties in accordance with this policy, including:

• Sub-processors, service providers (for example, IT services), business partners, and/or suppliers for the performance of any contract that we enter into with your employer (such as the Employer Agreement), including the following:
  • Amazon Web Services, Inc. and Heroku, Inc., who provide cloud-hosted infrastructure and services used by us to operate the System as a hosted solution; and
  • Google LLC, Delighted, Inc., Intercom, Inc., Nexmo, Inc., Skilljar Inc., and Gainsight, Inc., who provide product tools and functionality used by us in the delivery of the System and associated services.
• Government or other law enforcement agencies in connection with the investigation of unlawful activities or for other legal reasons (this may include your location information).

We require all our third-party service providers and all other companies within our group to take appropriate and stringent security measures to protect your personal data in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes in accordance with our instructions.

We may also disclose your personal data to other third parties in the following circumstances:

• If we sell or buy any business assets or receive investment into our business, we may disclose your personal data to the prospective or actual buyer, seller, or investee of such business or assets;
• If ZENITHR ApS or substantially all of its assets are acquired by a third party, in which case personal data held by us, including your data and data about our customers, suppliers, and correspondents, will be one of the transferred assets;
• We may disclose your personal data to our legal advisers if they need to have access to this information in order to advise us on our legal rights and obligations; and
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, in order to enforce or apply our terms of use or other contracts between us and you or your employer, or to protect the rights, property or safety of us, our customers or others.

Engagement Survey: Responses and Your Employer

Please note that:

• Feedback and comments provided by you during Engagement Surveys, 360° Feedback Assessments, and Employee Exit Surveys are collated and conveyed to your employer in an aggregated or otherwise anonymized form. As such, your anonymity is protected by default. Please also note that we merely report the feedback and comments and do not undertake any investigation or assessment into their veracity or legality;
• The system may include an automated keyword flagging function using a list of keywords that your employer has pre-agreed on. Any word in comments contained in an engagement survey that matches a keyword is automatically reported to your employer without revealing your identity. We do not, however, notify you when any keywords originating from you are reported to your employer. This keyword flagging function operates automatically, and we do not carry out any manual checks or otherwise monitor, supervise, or exercise any discretion over the transmission of keywords to your employer. We do not assume any responsibility to you in respect of the keyword flagging function, and we expressly disclaim, to the fullest extent permissible by law, any and all responsibility and liability in respect of (a) any failure or delay by us in reporting keywords, and (b) any acts or omissions of your employer as a consequence of or in connection with the reporting of such keywords.

Engagement Survey: Disclosing Your Identity to Your Employer

From time to time, we may receive a request from your employer to disclose your identity, or we may consider it appropriate to disclose your identity in the absence of such a request. We will consider this in accordance with our internal policy on revealing anonymity. Your identity will, in general, only be disclosed to your employer where it is necessary to do so for reasons of substantial public interest. This is only likely to occur in exceptional circumstances. For example, we may consider (based on your or others' comments) that you or another person identified is experiencing or at risk of physical, mental, or emotional harm (including self-harm) and requires support and that there is a need to protect the well-being of you or another person, and furthermore that we cannot reasonably obtain your consent (for instance if you are away from your workplace and therefore not contactable for a period of time) or where seeking your consent would prejudice the purpose of the disclosure. By way of further example, we may consider (based on your or others' comments) that disclosure of your identity to your employer is necessary to prevent or detect an unlawful act (such as fraud or other criminal act) and that we cannot request your consent since this would prejudice the purpose of the disclosure.

Individual Feedback Responses

Please note that:

• Feedback and comments provided by you to your colleagues when giving individual feedback are not anonymous, and your identity will be visible to both your colleagues (to whom you have given individual feedback) and other applicable persons determined by your employer, e.g., your colleague's line manager and/or any designated mentor(s);
• Scores provided by you to your colleagues when giving individual feedback are collated and conveyed to your colleagues (to whom you have given individual feedback) and your employer in an aggregated and otherwise anonymized form, i.e., your colleagues and/or your employer will not be able to see the score you gave to a specific colleague.

Except as explained above, we will not disclose your personal data to any third parties for any other purpose unless we have a legal right or obligation to do so.

International Data Transfers

A number of our service providers are based outside the European Economic Area ("EEA"), predominantly in the United States. We may transfer your personal data to those service providers in the United States or other countries outside the EEA in order to provide our services via the System.

We have put in place appropriate measures to ensure that your personal data are treated by those third parties in a way that is consistent with and which respects the EU laws on data protection, including putting in place written contractual agreements to meet EU-approved data protection obligations. If you require further information about these protective measures, please contact us at privacy@zenithr.com.

Security

You will not ordinarily require a username or password to gain access to or complete a survey or otherwise provide us with information via the System. Where we have given you a username, password, and/or security information that enables you to access particular features of the System (for example, as an administrator or manager for your employer), you are responsible for keeping these access credentials confidential. You must not share these details with anyone or store them in a way that may allow a third party to access them. Please see the Terms of Use for more details on your employer's obligations regarding not sharing your access credential with third parties and how doing so may affect your ability to use the System.

We maintain appropriate technical and organizational measures to ensure an appropriate level of security with respect to all personal data we process. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the System, and you acknowledge that any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features that are appropriate to the type of personal data you have provided to try to prevent unauthorized access or inadvertent disclosure, which may include two-factor authentication and end-to-end encryption.

Consent

Where consent is required for our use of your personal data, by ticking the appropriate consent box or otherwise communicating your consent to us (whether by phone, email, or other means), you consent to our use of that personal data as set out in this policy. If you disclose someone else's personal data to us, you confirm that you have their consent to disclose this to us and that we can use and disclose it in accordance with this policy.

How Long We Keep Your Personal Data For

We will retain your personal data for a period of five years, or three months after being removed from the System by your employer, or until six months after our relationship with your employer has ended (whichever is sooner). After this period, your personal data will be anonymized or deleted.

We will not store your personal data for longer than is reasonably necessary to use it in accordance with this Privacy Policy or with our legal rights and obligations. To avoid doubt, aggregated and anonymized data and any information other than personal data can be stored indefinitely.

Your Rights

You have the below rights in regards to your personal data. Please contact your employer directly if you would like to exercise any of these rights (other than a change to your marketing preferences, which should be notified directly to us).

• Right of access. You have the right to access information about the personal data we hold about you. We reserve the right to charge a reasonable fee in response to unreasonable or repetitive requests or requests for further copies of the same information.
• Right to object to processing. You have the right to object to the processing of your personal data where that processing is being undertaken by us on the basis of our (or a third party's) legitimate interest. In such a case, we are required to cease processing your data unless we can demonstrate compelling grounds which override your objection. You also have the right to object at any time to the processing by us of your personal data for direct marketing purposes.
• Right to rectification. You have the right to request that we rectify any inaccurate personal data that we hold about you.
• Right to erasure. To the extent permitted by applicable data protection laws, you have the right to request that we erase any personal data that we hold about you based on one of a number of grounds, including the withdrawal of your consent (where our processing of that data is undertaken on the basis of your consent), or if you object to our continued processing (as mentioned above). This right does not extend to information which is not personal data. We also reserve the right to retain your personal data in an anonymized form for statistical and benchmarking purposes.
• Right to restriction of processing. This enables you to ask us to restrict the processing of your personal data in certain circumstances, for example, if you want us to establish its accuracy or the reason for processing it.
• Right to data portability. You have the right to obtain copies of your personal data to enable you to reuse your personal data across different services and with different companies. You may also request that your personal data be transmitted directly to another organization, which is technically feasible, using our data processing systems.
• Automated processing. You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"). Automated decision-making currently does not take place in our system or our services.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

Please note that if you exercise any of the above rights to require us to restrict or cease processing or to delete personal data, and this type of processing is required in order to facilitate your use of the System, you will no longer be able to use the System following the date on which we action your request. This does not include your right to object to direct marketing, which can be exercised at any time without restriction. Please allow at least five working days for your request to be actioned.

Save as set out above, your rights detailed above can be exercised free of charge in accordance with applicable data protection laws.

Cookies

Our System uses cookies to distinguish you from other users. This helps us to provide you with a good experience when you use the System and also allows us to improve the System. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy.

Changes to Our Privacy Policy

Any changes we may make to our Privacy Policy will be posted on this page and where appropriate may be notified to you by email or advised to you on next log in to the System. Continued use of the System will signify that you agree to any such changes.

We are committed to resolving any privacy concerns you have. However, if you feel we have not addressed your specific concern, you have the right to make a complaint at any time to the relevant supervisory authority in your country responsible for data protection issues.

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