Effective on: October 16, 2023
OUR CONTACT INFORMATION
|The Browning Group International, Inc. DBA Emergenetics
Address: 2 Inverness Drive East, Suite 188
Contact details of our Data Protection Officer:
Identity and contact details of the Representative in the EU and UK:
|EU||VeraSafe Czech Republic s.r.o.
Prague 1, 11002
|VeraSafe Ireland Ltd.
Unit 3D North Point House
North Point Business Park
New Mallow Road
|UK||VeraSafe United Kingdom Ltd.
37 Albert Embankment
London SE1 7TL
|Contact form: https://www.verasafe.com/privacy-services/contact-article-27-representative|
|Do we collect Personal Data?||YES. Some categories include biographical and contact information, as well as your responses to questions in a Profile.
Click here to know which categories of personal data we collect and how we obtain them.
Click here to read our cookie notice.
|Can you request to receive a copy of the personal data we have collected about you?||YES
Click here to learn how.
|Can you withdraw your consent to our processing of your personal data?||YES
Click here to learn how. We also rely on lawful bases other than consent to process your personal data, such our need to perform a contract with you or our legitimate interests. Click here to learn more about our choice of legal bases.
|Can you request to have your data deleted?||YES
Click here to learn how.
|Do we protect your personal data?||YES
Click here to learn more about how we protect your personal data.
Introduction and Scope
The Browning Group International, Inc. doing business as Emergenetics International and its legal affiliates, including, without limitation, STEP, LLC, Emergenetics Europe Limited and Emergenetics Asia, Pte. Ltd. (collectively, “Emergenetics,” “we,” “us,” “our”) takes the protection of personal data very seriously. This Privacy Notice(the “Notice”) addresses data subjects (each a “User”, and collectively, “Users”) whose personal data we may process via the following information systems:
- our hosted Emergenetics+ web application located at plus.emergenetics.com;
- our hosted ESP web application located at esp.emergenetics.com;
- our Emergenetics+ mobile application for iOS and Android;
- our website, located at emergenetics.com; and
- our offline mailing system
(collectively, the “Emergenetics Platform” or the “Platform”).
The data subjects whose personal data we process within the context of this Notice include individuals who have taken one of our proprietary psychometric profiles, including, without limitation, the Emergenetics Profile, and/or an ESP Candidate Report (each, a Profile), including Emergenetics Associates and other representatives of our Partners (as defined below) who took a Profile as part of their Emergenetics training. STEP Youth Reports are covered by the STEP Privacy Notice.
This Notice does not apply to personal data we collect by other means, such as personal data that we receive through our sales and marketing systems or personal data concerning our employees. This Notice also does not apply to the processing of personal data by Emergenetics customers using the services. Please read the Privacy Notices of our customers.
Categories of Personal Data
The table below describes the categories of personal data we have collected about you in the last twelve months.
|Personal Data We Collect, Process, or Store||How We Obtain It|
|Identifiers and Contact Information
Name, online identifier, Internet Protocol address, email address, mailing address, telephone number
|Collected directly from you during account creation
You provide it directly to us when you use the Platform and services
Observed from interactions with the Platform
|Internet or other similar network activity
Browsing history, search history, information on your interaction with a website, application, or advertisement
|Observed from interactions with the Platform|
|Professional or employment-related information
Company, role/job title or function
|Collected directly from you during account creation
You provide it directly to us when you use the Platform and services
You provide it directly to us when you contact customer support
|Inferences drawn from other personal data
Profile reflecting a person's personality, thinking and behavior preferences, attitudes, intelligence, abilities, and aptitudes
|Generated by Emergenetics based on information you provide directly to us when you respond to questions in a Profile|
In the context of this Notice, Emergenetics typically acts as a joint data controller for the data we process with each of our Partners. If you sign up to use our services directly via our website as an individual participant or by invitation from an Emergenetics Associate located in the United States, Emergenetics acts as a data controller for your personal data.
Basis of Processing
Within the scope of this Notice, we may rely on one or more of the following legal grounds for processing your personal data:
- the need to perform our obligations under a contract, such as the Emergenetics User Agreement, or to perform related pre-contractual duties;
- the need to pursue our legitimate interests or those of our customers, such as providing Emergenetics psychometric profiling services to our customers or facilitating the provision of such services by our customers to their employees;
- your consent; and
- any other ground, as required or permitted by law in the specific respective context.
Where we receive your personal data as part of providing our services to you to fulfill a contract, we require such personal data to be able to carry out the contract. Without that necessary personal data, we will not be able to provide the services to you.
Purpose of Processing
We process personal data for the purposes of:
- creating a psychometric profile of your personality based on your responses to Profile questions;
- where applicable, creating a Candidate Report of your work preferences and abilities based on your responses to an ESP assessment question;
- where applicable, enabling your use of the Platform;
- where applicable, responding to client companies for debriefing purposes related to Profiles;
- where applicable, sending you information about your Profile results by mail;
- where applicable, sending you email marketing communications relating to Emergenetics which we think may be of interest to you; and
- responding to your inquiries, and/or other requests;
- sending you email notifications about updates or changes to the Platform or our services;
- performing research and analysis to ensure that the Profiles remain accurate and current with societal norms.
When the purposes of processing are satisfied, we will delete such personal data within six months.
If you would prefer not to accept cookies, you can change the setup of your browser to reject all or some cookies. Note, if you reject certain cookies, you may not be able to use all features of our services. For more information, please visit https://www.aboutcookies.org/.
You may also set your browser to send a Do Not Track (DNT) or use a browser that sends Global Privacy Control (GPC) signals. For more information, please visit https://allaboutdnt.com/ and https://globalprivacycontrol.org/.
Sharing Personal Data with Other Emergenetics Users
The Emergenetics Platform includes a social feature called Connections which allows you to connect with and share your Profile with other Users. You have complete control over whether your Profile is private or public. Private Profiles are not searchable by other Users of the Platform. If you choose to make your Profile public, other Users will have the ability to search for you by your name and email address, and to send a request to connect. Each User can send requests to connect with other Users, and each User can decide whether or not to accept a request to connect. If you choose to connect with another Platform User, that User will be able to see your Profile, including your name, contact information, and information about your personality type as determined by the Emergenetics Platform.
Sharing Personal Data with Service Providers
We share personal data with our service providers, who process personal data on behalf of Emergenetics. The following table describes, in the last twelve months, the categories of personal data we have disclosed to third parties for business purposes, and the categories of those third parties.
|Personal Data Disclosed for Business Purposes?|
|Category||Yes or No||Categories of Third Parties Receiving Personal Data|
|Identifiers||YES||Collaboration tool providers
Customer relationship management software providers
Infrastructure service providers
Analytics service providers
B2B marketing data engines
|Internet or similar network activity||YES||● Analytics service providers
● Infrastructure service providers
● B2B marketing data engines
|Professional or employment-related information||YES||● Collaboration tool providers
● Customer relationship management software providers
● Infrastructure service providers
● Analytics service providers
● B2B marketing data engines
|Inferences drawn from other personal data||YES||● Infrastructure service providers
● Emergenetics Partners
Our service providers may be located outside of the United States. However, we will either obtain your explicit consent to transfer your personal data to such third parties, or we will require that those third parties maintain at least the same level of confidentiality that we maintain for such personal data. We remain liable for the protection of your personal data that we transfer (except to the extent that we are not responsible for the event giving rise to any unauthorized or improper processing) or have transferred to third parties through our designated data transfer mechanism, such as the Data Privacy Framework or Standard Contractual Clauses as approved by the European Commission under Article 46.2 of the GDPR, except to the extent that we are not responsible for the event that leads to any unauthorized or improper processing.
Also, some of these third parties may be located outside of the European Economic Area, Switzerland and the United Kingdom. In some cases, the European Commission may not have determined that the countries data protection laws provide a level of protection equivalent to European Union law. We will only transfer your personal data to third parties in these countries when there are appropriate safeguards in place.
Sharing Personal Data with Emergenetics Partners
Emergenetics works with a variety of individuals and organizations in the Americas, Europe, and Asia to bring Emergenetics science to participants around the world. Our partners are Emergenetics client organizations, independent Emergenetics Associates, Country Representatives, Domain Administrators, and other third parties providing Emergenetics services globally (collectively, the Emergenetics Partners or the Partners ).
In order to process your Profile(s), Emergenetics shares data with our Partners, who typically act as joint controllers with Emergenetics over the personal data processed via the Platform. If you took a Profile at the invitation of an Emergenetics Associate, are an employee or member of a corporate client or client organization, we likely received your data from a Partner. Emergenetics shares your personal data with its Partners in order to provide the Platform and services to you.
Other Disclosure of Your Personal Data
We may disclose your personal data (i) to the extent required by law or if we have a good-faith belief that such disclosure is necessary in order to comply with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, or private parties, including but not limited to: in response to subpoenas, search warrants, or court orders, or (ii) if we sell or transfer all or a portion of our company s business interests, assets, or both, or in connection with a corporate merger, consolidation, restructuring, or other company change, or (iii) to our subsidiaries or affiliates only if necessary for business and operational purposes as described in the section above.
We reserve the right to use, transfer, sell, and share aggregated, anonymous data, which does not include any personal data, about users of our Platform and services as a group for any legal business purpose, such as analyzing usage trends and seeking compatible advertisers, sponsors, clients, and customers.
If we must disclose your personal data in order to comply with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, we may not be able to ensure that such recipients of your personal data will maintain the privacy or security of your personal data.
If you are a current Emergenetics client or user, we may send you occasional marketing newsletters. You will always have the ability to opt out or unsubscribe from marketing emails.
If you are not a current Emergenetics client or user, we will never send you any marketing materials without your express permission.
Sale of Your Personal Data
Emergenetics generally does not directly sell your personal data in the conventional sense (for money). Like many companies, however, we use services that help deliver interest-based ads to you or analyze our website traffic and may transfer personal data to business partners for their use. Making personal data (such as online identifiers or browsing activity) available to these companies may be considered a sale under the CCPA.
If you would like to opt out of the sales of your personal data that take place via cookies, you can learn how below.
Data Integrity & Security
Emergenetics has implemented and will maintain technical, administrative, and physical measures that are reasonably designed to help protect personal data from unauthorized processing such as unauthorized access, disclosure, alteration, or destruction.
What Privacy Rights Do You Have?
You have specific rights regarding your personal data that we collect and process. Please note that you can only exercise these rights with respect to personal data that we process about you when we act as a data controller or as a business under the CCPA.
In this section, we first describe those rights and then we explain how you can exercise those rights.
Right to Know What Happens to Your Personal Data
This is called the right to be informed. It means that you have the right to obtain from us all information regarding our data processing activities that concern you such as how we collect and use your personal data, how long we will keep it, and who it will be shared with, among other things.
We are informing you of how we process your personal data with this Notice.
Right to Know What Personal Data Emergenetics Has About You
This is called the right of access. This right allows you to ask for full details of the personal data we hold on you.
You have the right to obtain from us, including confirmation of whether or not we process personal data concerning you and, where that is the case, a copy or access to the personal data and certain related information.
- The categories of your personal data that we process;
- The categories of sources for your personal data;
- Our purposes for processing your personal data;
- Where possible, the retention period for your personal data, or, if not possible, the criteria used to determine the retention period;
- The categories of third parties with whom we share your personal data;
- If we carry out automated decision-making, including profiling, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you;
- The specific pieces of personal data we process about you in an easily-sharable format;
- If we rely on legitimate interests as a lawful basis to process your personal data, the specific legitimate interests; and
- The appropriate safeguards used to transfer personal data from the EEA or the UK to a third country, if applicable.
Under some circumstances, we may deny your access request. In that event, we will respond to you with the reason for the denial.
The CCPA does not allow us to disclose Social Security numbers, driver s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, account passwords, or security questions and answers. We can inform you that we have this information generally, but we may not provide the specific numbers, passwords etc. to you for security and legal reasons.
Right to Change Your Personal Data
This is called the right to rectification. It gives you the right to ask us to correct without undue delay anything that you think is wrong with the personal data we have on file about you, and to complete any incomplete personal data.
If your account settings do not allow you to change the information yourself, please contact us and we will do our best to change the personal data for you.
Right to Delete Your Personal Data
This is called the right to erasure, right to deletion, or the right to be forgotten. This right means you can ask for your personal data to be deleted.
Sometimes we can delete your information, but other times it is not possible for either technical or legal reasons. If that is the case, we will consider if we can limit how we use it. We will also inform you of our reason for denying your deletion request.
Right to Ask Us to Limit How We Process Your Personal Data
This is called the right to restrict processing. It is the right to ask us to only use or store your personal data for certain purposes. You have this right in certain instances, such as where you believe the data is inaccurate or the processing activity is unlawful.
Right to Ask Us to Stop Using Your Personal Data
This is called the right to object. This is your right to tell us to stop using your personal data. You have this right where we rely on a legitimate interest of ours (or of a third party). You may also object at any time to the processing of your personal data for direct marketing purposes.
We will stop processing the relevant personal data unless: (i) we have compelling legitimate grounds for the processing that override your interests, rights, or freedoms; or (ii) we need to continue processing your personal data to establish, exercise, or defend a legal claim.
If we have received your personal data in reliance on the Data Privacy Framework, you may also have the right to opt out of having your personal data shared with third parties and to revoke your consent to our sharing your personal data with third parties. You may also have the right to opt out if your personal data is used for any purpose that is materially different from the purpose(s) for which it was originally collected or which you originally authorized.
Right to Port or Move Your Personal Data
This is called the right to data portability. It is the right to ask for and receive a portable copy of your personal data that you have given us or that you have generated by using our services, so that you can:
- Move it;
- Copy it;
- Keep it for yourself; or
- Transfer it to another organization.
We will provide your personal data in a structured, commonly used, and machine-readable format. When you request this information electronically, we will provide you a copy in electronic format.
Right to Withdraw Your Consent
Where we rely on your consent as the legal basis for processing your personal data, you may withdraw your consent at any time. If you withdraw your consent, our use of your personal data before you withdraw is still lawful.
If you have given consent for your details to be shared with a third party and wish to withdraw this consent, please also contact the relevant third party in order to change your preferences.
Right to Non-Discrimination
We will not discriminate against you for exercising any of your privacy rights. Unless the applicable data protection laws permit it, 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; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Right to Opt Out of the Sale of Your Personal Data
You have the right to opt out , which means you have the right to ask us to not sell your personal data at any time. As our use of some of the cookies that we use for statistical purposes and marketing purposes is the only sale of your personal data that Emergenetics may be engaging in, the only way to opt out of sales of personal data is to change your cookie preferences through our cookie consent management platform. In particular, you need to choose not to allow the following categories of cookies:
Please consider that the preferences you submit through the cookie consent management platform, including your requests to opt out from the sale of personal data, may be stored in cookies or similar technologies that are specific to your browser. If this browser is configured to block cookies or similar technologies, our tool may not be able to store your preferences. In addition, deleting cookies on this browser may result in your preferences being removed. If your preferences are removed after you delete cookies from this browser, you will have to update these preferences again. Also, remember that private browsing technologies (such as incognito mode) automatically delete all local storage and cookies when the browsing session ends, preventing us from recording your choice made during the session; and prevent us from accessing any local storage created outside of the current session, which does not enable us to access the choice you made during a normal or previous private browsing session.
We ll only store your preferences in this browser. Because some companies may not connect information about this browser with other web browsers or devices you may use (such as a web browser on another computer you may use, or one on a mobile device), you need to update your preferences through the cookie consent management platform to set your preferences separately for other browsers or devices you may use.
Your Right to Opt In to the Sale of Your Personal Data
As our use of some of the cookies that we use for statistical purposes and marketing purposes is the only sale of your personal data that Emergenetics may be engaging in, the only way to opt in to sales of personal data is to change your cookie preferences through our cookie consent management platform. In particular, you need to choose to allow the following categories of cookies:
How Can You Exercise Your Privacy Rights?
To exercise any of the rights described above, please submit a request by either:
- Calling us at: 1-800-996-8665
- Contacting us by email at email@example.com (the preferred method)
Verification of Your Identity
In order to correctly respond to your privacy rights requests, we need to confirm that you made the request. Consequently, we may require additional information to confirm that you are who you say you are. We will verify your identity via using information we already have concerning you in our system.
We will only use the personal data you provide us in a request to verify your identity or authority to make the request.
Verification of Authority
If you are submitting a request on behalf of somebody else, we will need to verify your authority to act on behalf of that individual. When contacting us, please provide us with proof that the individual gave you signed permission to submit this request, such as a valid power of attorney on behalf of the individual. Alternatively, you may ask the individual to directly contact us by using the contact details above to verify their identity with Emergenetics and confirm with us that they gave you permission to submit this request.
Response Timing and Format of Our Responses
We will confirm the receipt of your request within ten (10) business days and, in that communication, we will also describe our identity verification process (if needed) and when you should expect a response, unless we have already granted or denied the request.
Please allow us up to a month to reply to your requests from the day we received your request. If we need more time (up to 90 days in total), we will inform you of the reason why and the extension period in writing.
If we cannot satisfy a request, we will explain why in our response. For data portability requests, we will choose a format to provide your personal data that is readily useable and should allow you to transmit the information from one entity to another entity without difficulty.
We will not charge a fee for processing or responding to your requests. However, we may charge a fee if we determine that your request is excessive, repetitive, or manifestly unfounded. In those cases, we will tell you why we made that determination and provide you with a cost estimate before completing your request.
EU-U.S. and Swiss-U.S. Data Privacy Frameworks
VeraSafe Privacy Program
Emergenetics is a member of the VeraSafe Privacy Program, meaning that with respect to personal data processed in the scope of this Notice, VeraSafe has assessed Emergenetics data governance and data security for compliance with the VeraSafe Privacy Program Certification Criteria. The certification criteria require that participants maintain a high standard for data privacy and implement specific best practices pertaining to notice, onward transfer, choice, access, data security, data quality, recourse, and enforcement.
If a privacy complaint or dispute relating to personal data received by Emergenetics in reliance on the Data Privacy Framework (or any of its predecessors) cannot be resolved through our internal processes, we have agreed to participate in the VeraSafe Data Privacy Framework Dispute Resolution Procedure. Subject to the terms of the VeraSafe Data Privacy Framework Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe and participate in the VeraSafe Data Privacy Framework Dispute Resolution Procedure, please submit the required information here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/.
If your dispute or complaint can t be resolved by us, nor through the dispute resolution program established by VeraSafe, you may have the right to require that we enter into binding arbitration with you pursuant to the Data Privacy Framework s Recourse, Enforcement and Liability Principle.
In the United States, Emergenetics is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.
If you are a data subject whose personal data we process, you may also have the right to lodge a complaint with a data protection regulator in one or more of the European Union member states.
Changes to this Privacy Notice
If we make any material change to this Notice, we will post the revised Notice to this webpage and update the Effective date above to reflect the date on which the new Notice became effective.
If you have any questions about this Notice or our processing of your personal data, please write to firstname.lastname@example.org or by using the contact information above.
Please allow up to four weeks for us to reply.