Peakon ApS (“Peakon” / “we” / “our” / “us”) are committed to protecting and respecting your privacy.
This policy sets out the basis on which we will process any personal data we collect from you or that you or your employer provides to us through your use of the Peakon online software platform and the accompanying software App (together the “Platform”). Please read this policy carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting https://peakon.com/ or using the Platform you are accepting and consenting to the practises described in this policy.
Peakon has entered into an agreement with your employer to grant you access to the Platform and / or to engagement surveys completed on or via the Platform (the “Employer Agreement)”. For the purpose of the Data Protection Act 1998 (the Act), your employer is the data controller. Peakon ApS will process your personal information on behalf of your employer and in accordance with its lawful instructions. The information you provide to us and/or upload to the Platform (whether or not it constitutes personal data) will also be governed by the Employer Agreement.
References in this policy to “your employer” shall refer to the entity who has entered into the Employer Agreement with us, whether or not as a matter of law you are an employee, consultant or contractor of that entity, and such references are not intended to characterise or prejudice your status vis-à-vis that entity.
INFORMATION WE COLLECT ABOUT YOU
We will collect and process the following data about you:
- Information you give us. You may give us information about you:
- when using the Platform’s functions, including by filling in forms or completing surveys on or via the Platform. The extent of the information collected in engagement surveys is set by your employer. 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, as well as any views you provide to us about your performance in your role, or information regarding your employer, your colleagues or other third parties during the course of completing engagement surveys or otherwise using the Platform;
- if you contact or correspond with us (for example, using any support function made available by us) and we may keep a record of that correspondence (either directly or through our service providers).
- Information your employer gives us. Your employer may give us information about you:
- when creating a user profile for you in order to enable you to access the Platform under the Employer Agreement (whether on a trial or full basis) or to enable us to send engagement surveys 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 Platform.
- Information we collect about you. Each time you complete an engagement survey or otherwise use the Platform we may automatically collect the following information:
- when you use the Platform, we will keep a record of the details of that usage, including the date, time, location, frequency and duration of the usage;
- if you are an administrative/HR user using the Platform as a representative of your employer, we may obtain further information about you from your employer, for example to verify your eligibility to access and use the Platform;
- any comments, opinions and/or feedback you provide to us regarding the Platform, for example during any trial period that you may participate in or thereafter;
- 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 Platform, including the pages you have viewed, the duration spent on the Platform and data files you have uploaded to the Platform. 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.
HOW WE USE YOUR INFORMATION
Please note, we are permitted to collect, use, disclose and/or otherwise process any data or information other than personal data, including data sets you upload to the Platform or otherwise provide to us, to the fullest extent permitted by the Employer Agreement.
We may use the personal information we hold about you in the following ways:
- Information you give to us. We will use this information to:
- if you are an administrative/HR user, process your application to become a registered user of the Platform and verify your eligibility to use the Platform;
- carry out our obligations arising from the Employer Agreement. This includes providing your employer with reports and analysis summarising information provided during your use of the Platform, including in any engagement 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. Data you provide to us will never be used to personally identify you, unless you explicitly choose otherwise. All survey responses are entirely optional: individual questions (or the entire survey) may be skipped and there is no requirement for any surveys to be completed;
- provide you with information, products and services you request from us. We will not contact you for promotional or marketing purposes, such as to inform you of new products or services that we offer, unless you specifically consent to this at the time you provide your details to us or you expressly request (or provide explicit consent for) us to do so at a later date;
- 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 Platform and any other services of ours that you use, including informing you about new versions of the Platform and about new features, functionality and service offerings; or
- deal with any enquiries, 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 Platform.
- Information we collect about you. We will use this information:
- to administer and improve the Platform and other services, including ensuring that content is presented in the most effective manner for you and for your computer;
- to report to your employer relating to the use of the Platform, as may be required under the Employer Agreement, provided that we will never provide an employer with information about the responses of a particular individual to a survey via the Platform;
- for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to allow you to participate in interactive features of the Platform, when you choose to do so;
- as part of our efforts to keep the Platform safe and secure; or
- to compile reports (which do not personally identify you) of usage of the Platform.
- 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.
We will not undertake any surveys or analysis via the Platform by reference to any of the following special categories of personal data: racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health data, sex life or sexual orientation.
Data collected from you and other employees or personnel may be used by us in an aggregated and anonymised form for statistical and benchmarking purposes including enabling comparisons to other organisations within the same industry.
DISCLOSURE OF YOUR INFORMATION
We may share your personal data with other companies in our group. We may also share your personal information with selected third parties in accordance with this policy, including:
- service providers, for example of IT services, business partners, suppliers and/or sub-contractors, for the performance of any contract that we enter into with your employer (such as the Employer Agreement), including:
- Amazon Web Services, Inc
- Heroku, Inc;
- Aiven Ltd;
- Google, Inc;
- Intercom, Inc
- Delighted, Inc
- Nexmo, Inc
- analytics and search engine providers that assist us in the improvement and optimisation of our site and the analysis of data supplied via the Platform, including Google Analytics; and
- 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 may disclose your personal information to other third parties:
- 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 Peakon 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; and
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.
We require our service providers to comply with data protection laws whenever they process your personal information and not to disclose your data to third parties without our express consent.
INTERNATIONAL DATA TRANSFERS
The information that we collect from you may be transferred to, processed and stored at, a destination outside the European Economic Area ("EEA") where required to support certain models and features of the Platform and/or to fulfil obligations in the Employer Agreement. We will only transfer your personal data outside the EEA where we have your employer’s consent to do so.
SECURITY OF INFORMATION
We maintain appropriate technical and organisational measures to ensure that an appropriate level of security in respect of 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 Platform 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 which are appropriate to the type of personal data you have provided to try to prevent unauthorised access or inadvertent disclosure, which may include two factor authentication and end-to-end encryption.
STATUS OF THIS POLICY AND YOUR CONSENT
Where consent is required for our use of your information, 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 information as set out in this policy. If you disclose someone else's information to us, you confirm that you have their consent to disclose this information to us and for us to use and disclose it in accordance with this policy.
RETAINING YOUR INFORMATION
We will retain the personal information we receive and collect about you for a period of 5 years or until six months after our relationship with your employer has ended (whichever is sooner). After this period, your personal data will be anonymised. We will not store your personal data for longer than is reasonably necessary to use it in accordance with this policy or with our legal rights and obligations. For the avoidance of doubt, aggregated and anonymised data and any information other than personal data can be stored indefinitely.
You have the following rights in regards to your personal information:
- 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
- Rectification or erasure. You have the right to request that we rectify or delete any personal information that we hold about you. Please note, if you request that we erase any personal information that we require in order to provide the Platform to you, you may no longer be able to use the Platform. This right does not extend to non-personal information. Please also note that it is likely to be necessary for us to retain your personal information for the purposes of assessing and verifying data that is submitted and/or held on the Platform, and your rights under applicable law to request erasure may be limited accordingly. We also reserve the right to retain your personal data in an anonymised form for statistical and benchmarking purposes.
- 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 is transmitted directly to another organisation where this is technically feasible using our data processing systems.
- Change of preferences. You can change your data processing preferences at any time. For example, if you have given your consent to direct marketing, but have changed your mind, you have the ability to opt out of receiving marketing communications by emailing us at firstname.lastname@example.org or clicking the relevant link in any communication you receive.
Please note, if you submit a request for us to stop processing your personal data in a certain way and this type of processing is required in order to facilitate your use of the Platform, you will no longer be able to use the Platform following your request to stop the relevant processing (this does not include your right to object to direct marketing which can be exercised at any time without restriction). Please allow at least 5 working days for your request to be actioned.
- Objections and Complaints. In certain circumstances you have the right to object to our processing of your personal data. If for any reason you are not happy with the way that we have handled your personal information, you also have the right to make a complaint to the Information Commissioner’s Office.
Save as set out above, your rights detailed above can be exercised free of charge in accordance with applicable data protection laws. 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 as described above).
Last updated: 2017.09.12