We are DecisionWise, LLC, a Utah (USA) limited liability company. In addition, we use the name Spectivto 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 Date of Hire (Tenure)
Employee Date of Birth
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
If you wish to inquire about your Personal Data that may have been collected byDecisionWise, you may contact us as explained below, and we will respond as soon as is reasonable.
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 theDecisionWise 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 locationsfor data storageand 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 inactivityor 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:
DecisionWise Attn: Data Protection/Privacy Officer 815 W. 450 S. Springville, Utah 84653 +1 801-515-6500×130 email@example.com
You may also contact our EU Representative (GDPR Article 27 Representative):
EU Business Partners, 10 Ashe Street, Clonakilty, Co. Cork P85 E403, Ireland Point of contact: Flor McCarthy Email: firstname.lastname@example.org
If you have any questions about how we use your personal data or about this Policy, you may send an email to email@example.com. If you would like to reach our Data Protection Officer (as defined under the GDPR) you can contact that person at firstname.lastname@example.org 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 email@example.com. 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 firstname.lastname@example.org.
Privacy Notice For California Residents | Effective: August 15, 2022
When exercising your additional rights under the CPRA, please direct all inquiries to email@example.com, where you may request in writing for us to correct inaccurate information that we have about you, or you can direct us to only use your sensitive personal information for limited purposes, such as providing you with specific services that you may request.
Information We Collect:
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”).
In particular, we have collected the following categories of personal information from Users, Visitors, and Respondents within the last twelve (12) months:
Employee name, employee business address, unique employer identifying number, Internet Protocol address, employer email addresses, and employee demographics such as tenure, business division, identified gender, title, employee classification, position, etc.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
NO, except as listed in Category A
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
YES*, but only if related to employment
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
As a Visitor to DecisionWise’s websites, browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
NO on movements, YES on work locations
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Employee demographics, as described in Category A.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
YES*, to the extent the data is classified by job description, role, etc.
*A User may provide us some of the information listed below, and they are the party that is collecting this information. All other information we collect directly from a Visitor or survey Respondent. OTHER THAN IP ADDRESSES AND ASSOCIATED METADATA FROM THOSE IP ADDRESSESTHAT WE COLLECT WHEN SENDING A SURVEY REQUEST, WE ONLY COLLECT THE INFORMATION THAT WE SPECIFICALLY ASK FOR IN THE SURVEY. YOU DO NOT HAVE TO RESPOND TO A SURVEY OR ANY PARTICULAR SURVEY QUESTION. YOU WILL NOT BE PENALIZED OR PUNISHED FOR NOT RESPONDING TO A SURVEY REQUEST OR SURVEY QUESTION.
Personal information does not include:
Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CCPA’s scope, like:
health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following sources:
Sharing Personal Information:
Protected classification characteristics under California or federal law.
Internet or other similar network activity.
Professional or employment-related information.
Inferences drawn from other personal information.
We may disclose, but never sell, your personal information for a business purpose to the third parties listed in our DPA but strictly for the purposes outlined in the DPA.
IN THE PRECEDING TWELVE (12) MONTHS, WE HAVE NOT SOLD ANY PERSONAL INFORMATION.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights:
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights:
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights:
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us using the following contact information:
DecisionWise (DecisionWise) Attn: Data Protection Officer 815 W. 450 S. Springville, Utah 84653 +1 801-515-6500×130 firstname.lastname@example.org
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format:
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to Our Privacy Notice:
If you have any questions or comments about this CCPA notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
DecisionWise (DecisionWise) Attn: Data Protection/Privacy Officer 815 W. 450 S. Springville, Utah 84653 +1 801-515-6500×130 email@example.com