Data Privacy Framework
This Data Privacy Framework Policy (“DPF Policy”) describes how Predictive Index, LLC (the “Predictive Index,” “we,” or “us”) collects, uses, and discloses Personal Data (as defined below) that we receive in the U.S. from the European Union (“EU”), the United Kingdom (“UK”), or Switzerland. This DPF Policy supplements and should be read in conjunction with our Website Privacy Policy and our Services privacy (collectively, the “Predictive Index Policies”), and unless specifically defined in this DPF Policy, the terms in this DPF Policy have the same meaning as in the Predictive Index Policies.
The Predictive Index recognizes that the EU, the United Kingdom, and Switzerland have established strict protections regarding the handling of Personal Data. The Predictive Index complies with the EU-US Data Privacy Framework (“EU-US DPF”), the UK Extension to the EU-US DPF, and the Swiss-US Data Privacy Framework (“Swiss-US DPF”) as set forth by the U.S. Department of Commerce, regarding the collection, use and retention of non-human resources personal data transferred from the EU, the UK, and Switzerland to the U.S. The Predictive Index has certified to the U.S. Department of Commerce that it adheres to the EU-US Data Privacy Framework Principles (“EU-US DPF Principles”) with regard to the processing of Personal Data received from the European Union in reliance on the EU-US DPF and from the United Kingdom in reliance on the UK Extension to the EU-US DPF. The Predictive Index has certified to the U.S. Department of Commerce that it adheres to the Swiss-US Data Privacy Framework Principles (“Swiss-US DPF Principles”) with regard to the processing of Personal Data received from Switzerland in reliance on the Swiss-US DPF. If there is any conflict between the terms in this DPF Policy and the EU-US DPF Principles and/or the Swiss-US DPF Principles (collectively, the “DPF Principles”), the DPF Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
For the purposes of this DPF Policy, “Personal Data” means information about an identified or identifiable individual that is received by the Predictive Index located in the U.S. from the EEA, EU, UK or Switzerland, and recorded in any form, and is within the scope of the EU General Data Protection Regulation (“GDPR”), the Swiss Data Protection Act, or the UK Data Protection Act 2018, respectively.
Personal Data Collection and Use
Our Predictive Index Policies describe the categories of Personal Data that we may receive in the U.S. as well as the purposes for which we use that Personal Data. The Predictive Index will only process Personal Data in ways that are compatible with the original purpose for which it was collected, or for purposes the individual later authorizes. Before we use your Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. The Predictive Index maintains reasonable procedures to help ensure that Personal Data is reliable for its intended use, accurate, complete, and current.
We may collect the following categories of sensitive Personal Data: certain demographic information that may include information regarding gender, nationality, and/or racial origin. When we collect sensitive Personal Data, we will obtain your express opt-in consent where the DPF Principles require, including if we disclose your sensitive Personal Data to third parties, or before we use your sensitive Personal Data for a different purpose than we collected it for or than you later authorized.
Disclosures and Accountability for Onward Transfers to Third Parties
Consistent with the DPF Principles, the Predictive Index may transfer Personal Data to our third-party agents, resellers, licensees, or service providers, as described below:
Third-Party Agents or Service Providers. We may transfer Personal Data to our third-party agents, resellers, licensees, or service providers who perform functions on our behalf or on behalf of our customers as described in our Predictive Index Policies. Where required by the DPF Principles , we enter into written agreements with those third-party agents, resellers, licensees, and service providers requiring them to provide the same level of protection the DPF Principles require and limiting their use of the data to the specified services provided on our behalf or on behalf of our customers. We take reasonable and appropriate steps to ensure that third-party agents, resellers, licensees, and service providers process Personal Data in accordance with our obligations under the DPF Principles and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents, resellers, licensees, or service providers who perform services on our behalf or on behalf of our customers for their handling of Personal Data that we transfer to them.
Third-Party Data Controllers; Limitation on Use and Disclosure. In some cases we may transfer Personal Data to unaffiliated third-party data controllers, including our customers. These third parties do not act as agents or service providers and are not performing functions on our behalf. We may transfer your Personal Data to third-party data controllers for the purposes described in our Predictive Index Policies. We will only provide your Personal Data to third-party data controllers where you have opted-in to such disclosures. Any sensitive Personal Data you may have elected to provide to us is for the internal use of the Predictive Index only and will not be provided to third parties at all without your express written consent. We enter into written contracts with any unaffiliated third-party data controllers requiring them to provide the same level of protection for Personal Data the DPF Principles require. We also limit their use of your Personal Data so that it is consistent with any consent you have provided and with the notices you have received. If we transfer your Personal Data to one of our affiliated entities within our corporate group, we will take steps to ensure that your Personal Data is protected with the same level of protection the DPF Principles require.
Disclosures for National Security or Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.
Security
We maintain reasonable and appropriate security measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the DPF Principles.
Access Rights
Individuals whose Personal Data is covered by the DPF have the right to access the Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the DPF Principles. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances, or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information. If we have entered into a contractual agreement with a customer to administer assessments, we will refer your access request to our customer for response.
Questions or Complaints
In compliance with the EU-US DPF, the UK Extension to the EU-US DPF, and the Swiss-US DPF, the Predictive Index commits to resolve complaints about our collection or use of your Personal Data.
If you have a complaint regarding how the Predictive Index processes your Personal Data covered by this DPF Policy, please first contact us directly at:
The Predictive Index, LLC
101 Station Drive
Westwood, MA 02090
ATTN: Legal Department
Phone: 800-832-8884
Email: privacy@predictiveindex.com
We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your Personal Data within 45 days of receiving your complaint.In compliance with the EU-US DPF, the UK Extension to the EU-US DPF, and the Swiss-US DPF, the Predictive Index commits to refer unresolved complaints concerning our handling of Personal Data to JAMS, an alternative dispute resolution provider located in the U.S. If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact JAMS or visit the JAMS website for more information or to file a complaint. The services of JAMS are provided at no cost to you.
Binding Arbitration You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with the Predictive Index and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the U.S. Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, please visit the DPF site at: https://www.dataprivacyframework.gov/
The Predictive Index is subject to the investigatory and enforcement power of the U.S. Federal Trade Commission with respect to all matters associated with the EU-US DPF, the UK Extension to the EU-US DPF, and the Swiss-US DPF.
Contact Us
If you have any questions about this DPF Policy or would like to request access to your Personal Data, please contact us as follows:
The Predictive Index, LLC
101 Station Drive
Westwood, MA 02090
ATTN: Legal Department
Phone: 800-832-8884
Email: privacy@predictiveindex.com
Changes To This Policy
We reserve the right to amend this DPF Policy from time to time consistent with the Data Privacy Framework’s requirements.
Effective Date: October 10, 2023