Introduction and general information
1.1 General information
We are DecisionWise, LLC, a Utah (USA) limited liability company. In addition, we use the name Spectiv to identify our online software platform. Spectiv is a registered d/b/a of DecisionWise. Any reference to DecisionWise herein shall also be deemed to include Spectiv. DecisionWise is headquartered at 815 W. 450 S., Springville, Utah, 84663, U.S.A. (“DecisionWise,” “Spectiv,” “We,” or “Us”). We provide a software platform for our users to gather employee feedback and to analyze the results. We also provide consulting and professional services on a project-by-project basis.
At DecisionWise, the privacy and security of Users, Respondents, and Visitors is critical. 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 Personal Data (as defined blow).
Data, including Personal Data, collected by DecisionWise is stored on locked and secure servers in DecisionWise’s headquarters or on secure, hosted servers provided by Amazon Web Services (AWS) or on secure Rackspace serves located in Texas, USA. There is no public access to the servers located in DecisionWise’s headquarters. All local servers can only be accessed by appropriate DecisionWise personnel onsite or through a secure virtual private network, that is secured by multi-factor authentication and other security measures. 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 a User to DecisionWise, such as employee demographic or hierarchical data. In addition, DecisionWise may ask a question on a survey that might ask a Respondent for Sensitive Data. By answering a survey question, a Respondent agrees to the collection and use of the data being provided 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.
- Under the laws of the state of California, U.S.A., Personal Data includes any specific information that is described in the attached California Addendum.
“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.
Collection and use
The following sections cover the specifics of each of the four groups from which data is collected: Users, Respondents, and Visitors.
2.2 Visitors (Those that Use our Public Websites)
If you are a Visitor to our website, and not a Respondent 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 from 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 websites. 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
Please be aware that while visiting our websites, Visitors can follow links to other websites that are beyond our sphere of influence. DecisionWise is not responsible for the content or privacy policies of these other websites.
2.3 Respondents (Those that Respond to a Survey)
If you are a Respondent, and not a Visitor 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. WHEN YOU RESPOND TO AN ONLINE SURVEY FROM DecisionWise YOU ARE CONSENTING TO THE COLLECTION OF YOUR PERSONAL DATA. YOU ARE NOT REQUIRED TO ANSWER ANY SURVEY OR ANY PARTICULAR SURVEY QUESTION. AN EMPLOYER MAY NOT PENALIZE ANYONE FOR FAILING TO ANSWER A SURVEY OR SURVEY QUESTION.
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 a User who is using our software platform to solicit employee feedback responses.
As a general matter, DecisionWise often, but no always, collects the following types of Personal Data from its Users 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 a User or a Respondent uses our services, 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.
In our capacity as a service provider, we will receive, store, and/or process Personal Data that is owned and/or controlled by our Users and Respondents associated with the Users (e.g., a User’s employees), including information about the User’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 User pursuant to a written contract with the User. The information we collect from Users and Respondents in this capacity is used for preparing reports, tabulating data, gathering survey responses, managing transactions, invoicing, renewals, and other operations related to providing our services to Users, and as otherwise requested by Users.
DecisionWise uses Personal Data that it collects from the Respondents and Users in its role as a software 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 a User); (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 and elsewhere; (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 collected through encrypted (SSL) channels following industry best practices.
2.3.1 Inquiries by Respondents
2.4 Users (Our Clients/Customers)
If you are a User, and not a Visitor or Respondent, then this Section 2.4 is relevant for you.
We act on User’s instructions within our software platform to process and collect Personal Data based on our written contract. 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 platform, 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 collected through encrypted (SSL) channels following industry best practices.
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 a User within the DecisionWise software platform. For Respondents in the EEA, DecisionWise will be the Data Processor, as defined in the EU Directive and the GDPR.
2.4.4 Geographical locations for data storage and data transfers to the United States via the EU – U.S. Privacy Shield Framework, Standard Contractual Clauses, and Pursuant to our Data Processing Agreement
DecisionWise may store Personal Data in secure servers located in the United States. Prior to July 16, 2020, Personal Data was transferred to the United States via the transfer mechanism known as the EU – U.S. Privacy Shield Framework and/or the equivalent Swiss mechanism (“Privacy Shield”). The Schrems II decision from the Court of Justice of the European Union (CJEU) invalidated the Privacy Shield mechanism. Accordingly, we have adopted the EU Standard Contractual Clauses as part of our client contracts as an accepted data transfer mechanism. Only those third parties listed on our Data Processing Agreement (DPA) have access to any data or Personal Data. A copy of our DPA may be found with our legal notices.
2.4.5 Data Processor
DecisionWise processes Personal Data as a Data Processor, as defined in the EU Directive and the GDPR. DecisionWise adheres to the EU Directive and the GDPR from May 25, 2018, onward.
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 and Respondents, it will be stored with 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 not be accessible by any network or accessible by any person other than DecisionWise’s Director of Technology or DecisionWise’s Data Privacy/Protection Officer. All Archived Data will be locked and stored in backup disks or other similar backup medium, with access limited to physical inspection by DecisionWise’s Director of Technology or DecisionWise’s Data Privacy/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 or the Visitor makes a request under this Policy. Activity between DecisionWise and a Visitor is defined as the transmission and receipt of marketing information and/or a visit to DecisionWise’s public websites.
Acceptance of this Policy
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. We may also disclose Personal Data to Users who are bound contractually to protect your data in a manner no less stringent than is provided for in this Policy.
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/Privacy Officer
815 W. 450 S.
Springville, Utah 84653
You may also contact our EU Representative (GDPR Article 27 Representative):
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.