PRIVACY POLICY

DATA PRIVACY FRAMEWORK PROGRAM AFFIRMATION OF COMPLIANCE

UPDATED: December 2023

Applied Psychological Techniques, Inc. (“the Company”), dba APTMetrics, is a human-resource consultancy that helps people, organizations, and society thrive by creating inclusive talent solutions. Our unique combination of world-class talent management and nationally recognized employment litigation support services ensure that the solutions we deliver are inclusive, fair, valid, and legally defensible. APTMetrics® practice areas include leadership assessment and development, talent acquisition, litigation support and risk reduction, and human-capital processes and programs.

Protecting the privacy of our clients, and the data entrusted to us, is of the utmost importance to the Company.

ABBREVIATIONS & DEFINITIONS

European Union (EU)

United Kingdom (UK)

United States (U.S.)

Data Policy Framework (DPF)

“Personal Information” or “Information” means information that:

(1) is transferred from the EU to the U.S.;

(2) is recorded in any form;

(3) is about or pertains to a specific individual; and

(4) can be linked to that individual (e.g., name, e-mail address, and employer).

“Sensitive Personal Information” means Personal Information that reveals additional non-public personal details (e.g., demographic information which may include, but is not limited to, race, sex, and age, or employment details which may include, but are not limited to, job title(s), work history, and compensation history).

“Client” or “Client Organization” refers to those companies that have contracted with the Company to perform consulting services on their behalf or have contracted for the use of any of the APTMetrics software-as-a-service
(SaaS) products.

AFFIRMATION STATEMENT

Applied Psychological Techniques, Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Applied Psychological Techniques, Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Applied Psychological Techniques, Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.

If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the DPF program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

The Company’s privacy policy outlines our practices for implementing the DPF Principles, including the types of information the Company may gather, how the Company uses it, and the notice and choice affected individuals have regarding our use of and their ability to correct that information. This privacy policy applies to all Personal Information received by the Company whether in electronic, paper or verbal form. The Company’s privacy policy can be viewed online at https://aptmetrics.com/privacy-policy/.

BBB NATIONAL PROGRAMS AS INDEPENDENT RECOURSE MECHANISM (IRM)

In compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), Applied Psychological Techniques, Inc. commits to resolve complaints about our collection or use of your personal information transferred to the U.S. pursuant to the EU-U.S. DPF, the UK extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. EU, UK, and Swiss individuals with inquiries or complaints should first contact:

R. Martin Kelly

Chief Compliance Officer

 APTMetrics

320 Post Road W

Suite 220

Westport, CT 06880 USA

Or at: help@aptmetrics.com

Applied Psychological Techniques, Inc. has further committed to refer unresolved DPF Principles-related complaints to a U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbbprograms.org/dpf-complaints/ for more information and to file a complaint. This service is provided free of charge to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf/.

THE TYPES INFORMATION WE COLLECT

The services provided by the Company include talent-management assessment centers, HR consulting and litigation support services. The services are tailored to the individual client’s requirements and, as such, the Personal Information or Sensitive Personal Information collected varies. Many client engagements require only names and email addresses while more-complex assignments require the collection of demographic information and/or employment history details (e.g., compensation, job titles,  promotions, etc.). The Company is committed to collecting the minimum amount of Personal Information required to provide the services for which the Company is contractually obligated to supply.

COLLECTION

The Company can obtain Personal Information and/or Sensitive Personal Information in many ways. It:

  • May be supplied to the Company by the Client organization to facilitate the provision of contracted services between the Company and the Client
  • May be voluntarily supplied by individuals in face-to-face meetings, virtual meetings, or telephone- interview sessions which may take place in the provision of contracted services by the Company to the Client
  • May be voluntarily disclosed by individuals via data entered into the Company’s web-based tools used to facilitate data collection in the provision of the Company’s contracted services to the Client
  • May be voluntarily supplied to the Company through information entered on the Contact Us page on the Company’s website, aptmetrics.com.
  • The Company may collect certain Personal Information as part of the support process. These interactions involve voluntary disclosure to the Company via telephone or email interactions. While the type of Personal Information may vary by support scenario, it is typically limited to name and contact information, either email or telephone
  • The Company does utilize website-tracking software to automatically capture and store technical information related to individual sessions for the APTMetrics web-based tools. Data is used to improve the content and format of the Company’s tools and products and to provide metrics on the user This information may include, but is not limited to, user domain, the type of internet browser being used, web pages visited, and time spent on the Company’s sites. The APTMetrics web- server log file and activity tracking do not contain any personally identifiable information.
  • APTMetrics web-based tools may contain “cookies.” A cookie is a small amount of data that the Company’s website stores on your computer, and which the APTMetrics web-based tool may later The cookies cannot be read by any site other than ours. The Company uses the cookies for administrative purposes. No cookie will contain information that will allow someone to contact you via email, telephone, or any other means. You can monitor or disable the use of cookies through the configuration settings on your web browser. Please understand that if you disable cookies, it could adversely impact the performance of the APTMetrics web-based tools.

CHOICE

Use of Your Personal Information

The Company will use the Personal Information or Sensitive Personal Information solely to provide the services for which the Company is contractually obligated to supply, to assist individuals in the use of APTMetrics products and services, or to respond to inquiries and provide related information of interest to visitors to APTMetrics.com that have initiated contact. We do not sell or rent your personal information to third parties.

If, in any event, the Company intends to use your information for any other purpose than those stated above, you will be notified and offered the opportunity to opt out of such use.

The Company may disclose personal information if required to do so by law or if we, in good faith, believe that such action is necessary to: (1) comply with the law or legal process; (2) protect or defend the Company’s rights and property; (3) protect against misuse or unauthorized use of the APTMetrics website or web properties; or (4) protect the personal safety or property of our individual users, Clients, or the public. Note that we may      be required to release personal data of EU and/or Swiss individuals in response to lawful requests by public authorities including to meet national-security and law-enforcement requirements.

ACCOUNTABILITY FOR ONWARD TRANSFERS

Sharing Personal Information

The Company may contract with third-party providers to perform certain functions offered as part of the Company’s products and services, e.g., data-center colocation services, a SaaS survey solution, and SaaS IT service-management software. These providers all certify compliance with the appropriate DPF and are restricted from direct access to your information but, if necessary, may be granted access to your Personal Information only to the extent necessary to permit them to perform their contracted services, are bound by confidentiality agreements and are restricted from using the information for other purposes.

The Company may be liable for the appropriate onward transfer of personal data to third parties.

Links to Non-APTMetrics Websites and Third Parties

APTMetrics websites may contain links or integration with third-party sites for your convenience and/or as required to perform contracted services for its Clients. The Company does not control those sites or the privacy  practices of those third-party sites, which may differ from the Company’s privacy practices detailed in this document. The Company does not make any representation regarding the security or privacy of the third-party websites and the Personal Information that you may choose to provide to any non-APTMetrics site is not covered by this policy.

SECURITY

The Company shall take commercially reasonable steps to protect the Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. The Company has put in place appropriate physical, technical, procedural, and managerial controls to safeguard and secure personal information from loss, misuse, unauthorized access or disclosure, alteration or destruction. The Company employs a wide range of security measures including physical and logical access controls, firewalls, intrusion detection/prevention systems, security monitoring tools, endpoint protection tools, and data archival and replication strategies.

Access to personal information is restricted to those Company employees with a defined business need to know or process the information.

While the Company takes commercially reasonable actions to safeguard your information, the Company cannot guarantee the security of Information on or transmitted via the Internet.

DATA INTEGRITY AND PURPOSE LIMITATION

The Company shall process Personal Information only in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, the Company shall take reasonable steps to ensure that personal information is accurate, complete, current, and reliable for its intended use.

GOOGLE reCAPTCHA

reCAPTCHA, a Google service, is a CAPTCHA system that enables web hosts to distinguish between human and automated access to websites. It protects websites from spambot abuse.

This website is protected by reCAPTCHA, and the Google Privacy Policy and Terms of Service apply.

ACCESS

The Company acknowledges the right of EU and Swiss individuals to access their personal data and, upon request, the Company will grant individuals reasonable access to their Personal Information and allow the individual to correct,amend or erase information that is demonstrated to be inaccurate or incomplete,except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated.

Requests for access to Personal Information and/or to correct, amend, or erase Personal Information can be made by contacting the Company via email at help@aptmetrics.com or via certified mail to:

R. Martin Kelly

Chief Compliance Officer

 APTMetrics

320 Post Road W

Suite 220

Westport, CT 06880 USA

AMENDMENTS

This privacy policy may be amended from time to time consistent with the requirements of the BBB Data Privacy Framework Services. Any policy revisions will be promptly posted at https://aptmetrics.com/privacy-policy/.

CONTACT

R. Martin Kelly

Chief Compliance Officer

APTMetrics

320 Post Road W

Suite 220

Westport, CT 06880

help@aptmetrics.com

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