1. Introduction and general information

1.1 General information

DecisionWise, LLC, a Utah (USA) limited liability company, which is headquartered at 815 W. 450 S., Springville, Utah, 84663, 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 its clients, who are employers that want to understand more about their employee experience.

In this privacy policy (this “Policy”), an employer that has hired DecisionWise is called an “Employer.” An individual who works with DecisionWise to conduct various projects for the Employer is called a “User.” An individual who responds to our surveys or answer our questions is called a “Respondent,” and are most often is an employee of the Employer. Anyone who visits our public websites, such as www.decision-wise.com, is called a “Visitor.” 

At DecisionWise, the privacy and security of Employers, Users, Respondents, and Visitors is absolutely 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, included in the definition of Personal Data below.

Special Note Regarding our Manager Weekly Check-in Tool:  In the context of our Manager Weekly Check-in Tool (a/k/a 1×1 Weekly Check-in Tool), please note that your information is collected and stored on a platform managed through Amazon Web Services (AWS).  All data collected via the Manager Weekly Check-in Tool is automatically and permanently deleted after sixty (60) days, and this data is never sold or transferred to any third party.  We endeavor to protect the data collected via the Manager Weekly Check-in Tool in the same manner as the other data we collect, which policies and procedures are described below.  The only data collected in the Manager Weekly Check-in Tool are survey responses, names, and email addresses. 

All information stored on DecisionWise’s platforms and servers is treated as confidential. For most of its data collecting services, DecisionWise contracts with Confirmit, www.confirmit.com, which is a software vendor that provides us with our survey software platform. Survey responses are stored on cloud-based servers controlled and maintained 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, is 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. All local servers may only be accessed by DecisionWise personnel onsite or through a secure virtual private network, with two factor authentication.

As noted, DecisionWise maintains its own data networks, where it may store Personal Data that is used to prepare and administer its surveys. 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 another 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 a Respondent for Sensitive Data. By answering a survey question, a Respondent agrees to the collection and use of the data being provided.

1.3 Definitions

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 that information 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.

2. Collection and use

2.1 General

The following sections cover the specifics of each of the four groups from which data is collected: Employers, 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, 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.

DecisionWise may collect, record and analyze information of Visitors to its public websites. We may record your IP address and use cookies. DecisionWise may add information collected by way of page-view activity. Furthermore, DecisionWise may collect and process any Personal Data that you volunteer to us in a website form, such as when you register for events or sign up for information, whitepapers, and newsletters. If you provide DecisionWise with your social media details, DecisionWise may retrieve publicly available information about you from social media.

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.

2.2.3 Cookies

Cookies are small pieces of information sent by a website to a Visitor’s computer. Cookies cannot be used to run programs or deliver viruses to your computer. By continuing to visit our websites, you agree to the placement of cookies on your device. If you choose not to accept our cookies, we cannot guarantee that your experience will be as fulfilling as it would otherwise be. We may also place cookies from third parties for functional and marketing purposes. The use of cookies is widespread on the internet and benefits a Visitor.

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 policy of these other websites.

2.3 Respondents (Those that Take our Surveys)

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 collected 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 of this General Privacy Policy.

2.4 Users and Employers (Our Clients)

2.4.1. General

If you are a User or Employer, and not a Visitor or Respondent, then this Section 2.4 is relevant for you.

We 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 collected 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. 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 recent Schrems II decision from the Court of Justice of the European Union (CJEU) invalidated the Privacy Shield mechanism but did not provide much needed guidance on what other mechanisms are viable to properly facilitate a transfer. 

For now, we continue to adhere to our Privacy Shield policy as posted, and we are currently examining which transfer mechanism will apply in the future, depending on subsequent guidance from EU regulators and various data protection authorities.  We are also adopting the EU Standard Contractual Clauses as part of our client contracts as an alternative transfer mechanism, pending future guidance, as noted above. 

For now, DecisionWise continues to comply with the Privacy Shield mechanism 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 or Amazon, 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 Privacy/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 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 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 assume that all Visitors to our websites, Respondents to surveys administered by DecisionWise, and Users and Employers have carefully read this Policy and agree to its contents. If someone does not agree with this Policy, they should refrain from using our websites and software platforms. We reserve the right to change our Policy as necessity dictates. Continued use of DecisionWise’s websites and platforms after having been informed of any such changes to these conditions implies acceptance of the revised privacy policy. This Policy is an integral part of DecisionWise’s terms of use.

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 General Privacy Policy for the latest information on our privacy practices.

5. Disclosure

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:

DecisionWise

Attn: Data Protection/Privacy Officer

815 W. 450 S.

Springville, Utah 84653

+1 801-515-6500×130

privacy@decision-wise.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: info@eubusinesspartners.com

If you have any questions about how we use your personal data or about this Policy, you may send an email to privacy@decision-wise.com.com. If you would like to reach our Data Protection Officer (as defined under the GDPR) you can contact that person at privacy@decision-wise.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 privacy@decision-wise.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 privacy@decision-wise.com.

CALIFORNIA ADDENDUM

TO

DECISIONWISE GENERAL PRIVACY POLICY

* * * * * *

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective: 7-30-2020

This is a PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“CCPA Notice”), and it supplements the information contained in the General Privacy Policy of DecisionWise, LLC (collectively, “we,” “us,” or “our”), that is described above and to which this CCPA Notice is attached. This CCPA Notice applies solely to Visitors, Users, Employers, Respondents and others who reside in the State of California (“consumers” or “you”).

We adopt this CCPA Notice to comply with the California Consumer Privacy Act of 2018, as amended (“CCPA”), and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this CPPA Notice, and capitalized terms have the meanings given them our General Privacy Policy listed above. In this CCPA Notice, we refer to “personal information,” which is the same thing as Personal Data in our General Privacy Policy.

We will not use, gather, or share your personal information except as outlined in our General Privacy Policy, and for California residents, as outlined in this CCPA Notice.

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: