Last Updated: July 25, 2021, effective July 26, 2021
As a preliminary matter, we handle all information you provide us with the utmost care. We expressly ask for your consent to use the information that you upload into our Sites. At times, we may need to disclose your personal information to third parties outside the company who may be assisting us with providing Services to you, as set forth in this Policy.
1. What Information We Collect
We may collect information about you when you visit our Platform or otherwise interact with us or our Services.
a. Information You Provide to Us
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). During your use of the Services, we may collect Personal Information such as:
- Your first and last name, email address, home or business address, billing address, telephone number, mobile number, credit card or debit card number, bank account or other payment and financial information, your payment and/or service history;
- Information about your gender or gender identification;
- Your likeness as depicted in any photograph or face image submitted to us;
- Your employer and/or job title;
- Additional identification, such as a passport or legal government identification, if we need to verify your identity for a data subject request under GDPR or other applicable privacy laws;
- Information that you share via the Contact Us function on the Site (please note that we do not collect consumer information via the Site’s Contact Us function unless you provide it); and/or
- Other information that could reasonably be used to identify you personally or identify your household or device.
We may also obtain Personal Information from you where you expressly provide us with the information. Examples of sources from which we collect information include telephone calls with you, letters, e-mails or other communications from you, information provided via online chat or support services, web forms or inputs/uploads into our Site, or documents/photographs you have provided to us.
Your decision to provide us with Personal Information is voluntary, but if you choose not to provide any requested information, you may not be able to take advantage of all the features of the Platform.
b. Information That Is Automatically Collected
Like many businesses, we and/or our service providers may automatically collect and/or store certain information when you visit or interact with the Site (“Usage Information”). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Site or Platform. Usage Information may include:
- Your IP address, IDFA, Android/Google Advertising ID, IMEI, or another unique identifier;
- Your Device functionality (including browser, browser language, operating system, hardware, mobile network information);
- Referring and exit web pages and URLs;
- The areas within the Site that you visit and your activities there, including remembering you and your preferences;
- Your Device location or other geolocation information, including the zip code, state or country from which you accessed the Services;
- Your Device characteristics; and
- Certain other Device data, including the time of day you visit our Site or other information used to provide analytics or other usage information.
For location information, we may use this information to provide customized Services, Languages, content, promotional offers, and other information that may be of interest to you.
If you no longer wish for us or our service providers to collect and use location information, you may disable the location features on your device. Consult your device manufacturer settings for instructions. Please note that if you disable such features, your ability to access certain features, Services, content, promotions, or products may be limited or disabled.
c. Information from Third Parties
2. How We Use Your Information
We may use your information for various purposes, including the following:
- Creating and maintaining a User’s Account;
- Responding to your requests for information;
- Providing our products or Services to you, or updating you on the status of an order, including but not limited to processing your Personal Information and preparing an analysis of your photograph or facial characteristics to identify personality traits or tendencies;
- Verifying your identity and for fraud prevention;
- Processing your payments (we use a third-party processor for payments and never retain your payment card information);
- Providing you with updates and information about products and Services we provide;
- Sending you marketing information about Phenometrix or our affiliated entities and Apps;
- Sending you email communications such as electronic newsletters about our Services, events and promotions, as well as periodic customer satisfaction, market research or quality assurance surveys that may be of interest to you;
- Improving the effectiveness of our Site, our marketing endeavors, and our product and service offerings;
- Customizing your experience on the Site;
- Identifying your product and service preferences, providing personalized content and ads and informing you of new or additional information, products and services that may be of interest to you;
- Helping us address problems with and improve our Site and our products and services, including testing and creating new products, features, and services;
- Protecting the security and integrity of the Site, including understanding and resolving any technical and security issues reported on our Site;
- Engaging in analysis, research, and reports regarding the use of our Site and Services;
- For internal business purposes, including but not limited to evaluating your employment application or administering employee benefits, such as medical, dental, commuter and retirement benefits, including recording and processing eligibility of dependents, absence and leave monitoring, insurance and accident management, rewards or discount programs offered to employees;
- Complying with the law and protecting the safety, rights, property or security of PHENOMETRIX, the Services, and the general public; and
3. Disclosure of Your Information
As a preliminary matter, we do not sell, rent, or lease our customer lists to third parties for their use for marketing or any other purpose. However, we may need to share your information, including your Personal Information, with our affiliates, service providers, business associates, and other third parties that perform essential services for us; for example, a payment processor, a cloud-service or internet service provider, an email marketing vendor, a customer service provider, or entities that handle other business functions for us.
As permitted by law, we insist that these partners follow the same rules and standards with respect to your personal information as we do, and we typically have a contractual agreement in place with the other party which prohibits them from disclosing or using the information other than for the purposes for which it was disclosed.
We may aggregate, de-identify, and/or anonymize any information collected through the Site or Services such that such information is no longer linked to your Personal Information. We then can use and share this aggregated and anonymized information (which is no longer Personal Information) for any purpose, including without limitation, for research and marketing purposes, analytics, and may also share such data with our affiliates and third parties, including advertisers, promotional partners and others.
Certain Personal Information about you may also be disclosed in the following situations:
- To comply with a validly issued and enforceable subpoena or summons;
- As necessary to properly comply with or respond to an inquiry or complaint from a federal or state agency;
- In conjunction with a prospective purchase, sale, or merger of all or part of our practice, provided that we take appropriate precautions (for example, through a written confidentiality agreement) so the prospective purchaser or merger partner does not disclose information obtained in the course of the review; and
- As a part of any actual or threatened legal proceedings or alternative dispute resolution proceedings either initiated by or against us, provided we disclose only the information necessary to file, pursue, or defend against the lawsuit and take reasonable precautions to ensure that the information disclosed does not become a matter of public record.
4. Cookies and Other Tracking Technologies
We may use various methods and technologies to store or collect information about you (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies used on the Site, include, but are not limited to, the following (as well as future-developed tracking technology or methods that are not listed here):
- Cookies. Cookies are pieces of data stored directly on the computer or mobile device that you are using. Cookies allow us to collect data such as browser type, time spent on the Online Services, pages visited, referring URL, language preferences, and other aggregated traffic data.
- Web Beacons. A Web Beacon is a small tag (which may be invisible to you) that may be placed on our Site’s pages and messages.
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on.
- ETag, or entity tag. An Etag or entity tag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.
- Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
- Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
We may use Tracking Technologies for a variety of purposes, including:
- To allow you to use and access the Site, including for the prevention of fraudulent activity and improved security functionality;
- To facilitate navigation, display data more effectively, collect statistical data, personalize your experience while using the Online Services and recognize your computer to assist your use of the Online Services;
- To assess the performance of the Site, including as part of our analytics practices or otherwise to improve the design and functionality, content, products or services offered through the Site;
- To offer you enhanced functionality when accessing the Site, including identifying you when you sign into our Site or keeping track of your specified preferences or to track your online activities over time and across third-party sites; and
- To deliver content relevant to your interests on our Site and third-party sites based on how you interact with our content.
You can choose whether to accept cookies by changing the settings on your browser. If you choose not to enable cookies, you will still be able to browse our Site, but doing so will restrict some of the functionality of our Site and what you can do.
You can set your web browser to alert you when a cookie is being used. You can also get information on the duration of the cookie and what server your data is being returned to. You then can accept or reject the cookie. Additionally, you can set your browser to refuse all cookies or accept only cookies returned to the originating servers.
You can opt in or out of cookies at any time – except strictly necessary cookies (these are used to help make our website work efficiently).
You can enable or disable cookies in your browser. If you wish to restrict or block the cookies set by any website – you can do this through the web browser settings for each web browser you use, on each device you use to access the internet. Some of the more popular browsers (and links to manage your cookies on each) are:
- Internet Explorer
- Google Chrome
Information on controlling and deleting cookies, including on a wide variety of browsers, is also available at allaboutcookies.org.
If you choose not to enable cookies, you will still be able to browse our Site, but it will restrict some of the functionality of our Site and what you can do.
Some services may not function or may have more limited functionality if your web browser does not accept cookies. However, you can allow cookies from specific websites by making them ‘trusted websites’ in your web browser.
If you want to opt-out of cookies across different advertising networks, the Network Advertising Initiative website – www.networkadvertising.org – has more information and guidance.
If you don't wish to accept cookies from one of our emails, you can choose not to download any images or click on any links. You can also set your browser to restrict cookies or to reject them entirely. These settings will apply to all cookies, whether included on websites or in emails. Depending on your email or browser settings, cookies in an email may sometimes be automatically accepted (for example, when you’ve added an email address to your address book or safe senders list). For more information, refer to your email browser or device instructions.
5. Do Not Track Signals
Do Not Track (“DNT”) is a web browser setting that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and other web services you encounter while browsing to stop tracking your activity. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals), but there is no universally agreed-upon standard for what a company should do when it detects a DNT signal. Currently, we do not monitor or take any action with respect to these signals or other mechanisms. You can learn more about Do Not Track here.
6. Ads and Information About You
7. Your Choices About the Information We Collect
You have choices when it comes to how we use your information, and we want to ensure you have the information to make the choices that are right for you.
If you no longer want to receive marketing-related emails, you may opt out by following the instructions in any such email you receive from us, by changing your user settings inside our apps, or contacting us at firstname.lastname@example.org.
If you are a resident or citizen of the European Economic Area (“EEA”) or California, you may have additional rights with respect to your Personal Information. Please see the sections entitled “Your Rights Under GDPR” or “Your California Privacy Rights” below for more information
8. Your Rights Under the General Data Protection Regulation (“GDPR”)
If you are a resident of or located within the European Economic Area (“EEA”), you have certain additional data protection rights. These rights include:
- The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information by contacting us at the contact information below.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Information.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where Phenometrix relied on your consent to process your personal information.
a. Legal Basis for Processing Personal Information Under GDPR
In most instances, Phenometrix is a processor of Personal Information – we process information at the express direction of the User, who retains all rights to control, delete, or modify the information. Phenometrix’s legal basis for collecting and using the Personal Information described in this Privacy Notice depends on the Personal Information we collect and the specific context in which we collect it.
Phenometrix may collect or process your Personal Information because:
- We need to provide a service to you;
- You have given us your consent to do so;
- The processing is in our legitimate interests and it is not overridden by your rights; or
- To comply with the law.
b. Retention of Information
Usage Data is data collected automatically either generated by the use of the Site or from the Site infrastructure itself (for example, the duration of a page visit). Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site or we are legally obligated to retain this data for longer periods.
c. Disclosure of Personal Information
See Section 3 above regarding the instances in which we disclose your Personal Information.
d. Legal Requirements
Phenometrix may disclose your Personal Information in the good faith belief that such action is necessary to:
- To comply with a legal obligation;
- To protect and defend the rights or property of Phenometrix;
- To prevent or investigate possible wrongdoing in connection with the Service;
- To protect the personal safety of users of the Service or the public; and/or
- To protect against legal liability.
e. Exercising Your Rights Under GDPR
If applicable, you may exercise any of your rights under the GDPR by submitting a verifiable data subject request to us by using the details in the Contact Information section below. You may make a request related to your personal information or on behalf of someone for which you have authorization. You must include your full name, email address, and attest to the fact that you are a citizen or resident of the EEA by including your country of citizenship or residence in your request. We may require you to confirm your identity and/or legal standing for the request as well as your residency in the EEA in order to obtain the information. We will respond to your request within 30 days or let you know if we need additional time.
Please note that we will ask you to verify your identity before responding to such requests, and we may deny your request if we are unable to verify your identity or authority to make the request.
Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority; however, we hope that we can assist with any queries or concerns you may have about our use of your Personal Information first by contacting us at email@example.com.
For more information about GDPR, please contact your local data protection authority in the EEA.
9. Your California Privacy Rights
California residents have the following rights:
- The right to know what personal information is being collected about you;
- The right to know whether your personal information is sold or disclosed and to whom;
- The right to access your personal information;
- The right, in certain circumstances, to delete the information you have provided to us;
- The right to correct your personal information;
- The right to limit use of sensitive personal information;
- Right to reject automated decision making and profiling;
- Right to access information about automated decision making;
- The right to opt out of the sale of personal information; and
- The right not to be discriminated against, even if you exercise your privacy rights.
Phenometrix collects certain types of personal information about you during your relationship with us, as stated above. In particular, our Site has collected the following categories of Personal Information from consumers within the last twelve (12) months:
Category of Personal Information Collected
Sources of Collected Personal Information
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers
Sensitive Personal Information such as social security number, driver’s license number, Account log-in, debit, or credit card number in combination with password or PIN, precise geolocation, racial/ethnic origins, religious or philosophical beliefs, union membership, contents of e-mails or texts to others, genetic/biometric data, health information, sex life/sexual orientation data
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e))
Characteristics of protected classifications under California or federal law
Commercial information including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Internet or other electronic network activity information including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website, application, or advertisement
Audio, electronic, visual, thermal, olfactory, or similar information
Professional or employment-related information
Education information (as defined in 20 U.S.C. section 1232g, 43 C.F.R. Part 99)
Yes (for job applicants)
Inferences drawn from any of the of the information above to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
a. Request for Information or Deletion
California consumers have the right to request, under certain circumstances, that a business that collects personal information about the consumer disclose to the consumer the information listed below for the preceding 12 months:
- The categories of personal information collected about you;
- The categories of sources from which we collected your personal information;
- The categories of personal information that we have sold or disclosed about you for a business purpose;
- The categories of third parties to whom your personal information was disclosed for a business purpose;
- Our business or commercial purpose for collecting or selling your personal information; and
- The specific pieces of personal information we have collected about you.
Please note that if we collected information about you for a single one-time transaction and do not keep that information in the ordinary course of business, that information will not be retained for purposes of a request under this section. In addition, if we have de-identified or anonymized data about you, we are not required to re-identify or otherwise link your identity to that data if it is not otherwise maintained that way in our records.
You can also request that we delete your personal information. There may be certain exceptions to our obligation to delete your information such as if you have an existing account or transaction with us or if we have a legitimate business reason to keep your information.
b. Do Not Sell My Personal Information
As a California resident, you also have the right, at any time, to tell us not to sell personal information – this is called the “right to opt-out” of the sale of personal information. At this time, we do not sell our consumers’ personal information to any third parties. We will, however, honor your request to opt out of any marketing emails or correspondence.
c. Right to Limit Use of Sensitive Personal Information
California consumers have the right to limit the use of each type of sensitive personal information for each purpose with each type of third-party partner. Consumers can revoke this permission at any time. You may contact us at the information below to exercise this right.
d. Right Not to Be Discriminated Against
We will not discriminate against you for exercising any of your rights under the CCPA or CPRA. Unless permitted by California law, 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.
However, as permitted by California law, we may offer certain financial incentives that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to the value of your Personal Information. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
e. Third Party Marketing
California Civil Code Section 1798.83 permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. We do not currently disclose personal information protected under this section to third parties for their own direct marketing purposes.
f. Exercising Your California Privacy Rights
You or your authorized agent may make a request to access, correct, delete or opt-out of the sale of your information by contacting us as follows:
- Email Address firstname.lastname@example.org
- Telephone Number: ______________
If you use an authorized agent to submit your request, we may require proof of the written authorization you have given. We also may require you to confirm your identity and your residency in order to obtain the information, and you are only entitled to make this request twice in a 12-month period. For emails, please include “California Privacy Rights” as the subject line. You must include your full name, email address, and attest to the fact that you are a California resident. We will acknowledge your request within 10 days and respond to your request within 45 days or let you know if we need additional time. If you make this request by telephone, we may also ask you to provide the request in writing so that we may verify your identity. If we are unable to honor your request for any reason, we will notify you of the reason within the request time period.
10. Children’s Privacy
At Phenometrix, we believe children’s privacy is of utmost importance. As a result, our Sites are not intended for use by children under the age of 16. You are not permitted to upload photographs of children under the age of 16. Phenometrix does not request, or knowingly collect, any personally identifiable information from children under the age of 16. If you are the parent or guardian of a child under 16 whose information you believe has been provided to us, please contact us at email@example.com to request the immediate deletion of that information.
We use reasonable organizational, technical and administrative measures to protect Personal Information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contact Us” section, below.
12. Links to Other Web Sites
Hyperlink to T&C
13. Updating Personal Information
We prefer to keep your Personal Information accurate and up to date. If you would like to change your contact information, please contact us a firstname.lastname@example.org. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records).
14. International Data Transfers
We operate in and use service providers located in the United States, however, because Phenometrix works with global companies and technologies, your Personal Information may be transferred outside of the country in which it was originally provided. This may include transfers to third parties, such as service providers or affiliated entities who are located outside the United States or the European Union, where data protection laws may not offer the same level of protection as those in the United States. When we transfer Personal Information outside of these areas, we take steps to make sure that appropriate safeguards are in place to protect your personal information, by using Standard Contractual Clauses (if appropriate) or written agreements.