Effective: 12 November 2020
1. WHAT IS BEAMERY’S APPROACH TO PRIVACY?
We at Beamery Ltd and Beamery Inc. ("Beamery", “we”, “us”, “our”) know that our users and customers (“you”, “your”) care about how your personal data is used and shared and we take your privacy seriously. We are focused on protecting your personal data and doing the right thing by you in terms of your privacy rights. For the purposes of the General Data Protection Regulation (EU) 2016/679 (“GDPR”), Beamery Ltd is the ‘controller’ and responsible for your personal data as part of using Beamery’s Website or Services (as defined below).
This policy does not apply to the practices and processing of our customers, to companies that we do not own or control, to individuals that we do not employ or manage, to services provided by other companies but accessible through our Website and/or Services.
We process Personal Data when you are accessing or using our Website directly as an individual ("Individual User") or as a user of a Beamery customer (“Customer User”). Our Services are accessible to you after you have signed up on our Website as an Individual User or have logged on as Customer User to your Beamery Account.
3. WHAT INFORMATION DOES BEAMERY COLLECT?
We gather Personal Data, (i) in connection with your access to our Website, (ii) if and to the extent it is necessary to provide our Services to you, and (iii) if we are entitled or obligated to process Personal Data under applicable law. Set out below in this Section 3 are the categories of Personal Data that we use and the purposes for which we use them. The categories of companies or persons who may receive Personal Data are set out Section 5 below.
A. Information You Provide to Us:
Your Personal Data: We process Personal Data you actively and knowingly provide to us. For example, we collect Personal Data such as your name and email address if you sign up for a newsletter or you request a demo of our Services. If you sign up for our Services, some information is required to create an individual Beamery Account. The same applies if you would like to use a specific feature within our Services. We will inform you which information is required in each single case so that you can choose to use the respective Service or not. If you choose not to provide us with certain information, you may not be able to register with us or to take advantage of some of our features.
You may, for example, ask us to import your contact and email history by giving us access to third party services (for example, your email account) or to use your social network information, if you give us access to your account on social network connection services. If you connect a third-party email account to your Beamery Account, we can then import, create and update versions of your address book and email communications for you to use and access in Beamery. You can also choose to upload files to or provide comments through Beamery.
Additionally, we process Personal Data that occurs while you are visiting our Website or using our Services as described below in Section 3.B. This information is pseudonymized, i.e. the information is aggregated or shortened so that it doesn’t directly identify a specific natural person (e.g. postal code instead of full address). However, with additional information that is kept separately and is subject to technical and organizational measures, it is still possible to refer to you as a natural person (e.g. via your User ID).
Additionally, we post Customer User testimonials/comments/reviews on our Website which may contain Personal Data. We do obtain the Customer User’s consent via email prior to publishing any testimonial and the relevant Customer User’s Personal Data. To request removal of your Personal Data from testimonials or comments please contact us at [email protected]
Your Candidates’ Personal Data: In order to provide you with our Services pursuant to a Beamery Enterprise Agreement, we also process the Personal Data you choose to provide us with in relation to your candidates, potential job applicants, members of your talent network and other prospective employees (collectively the “Candidates”). The Candidates’ Personal Data (“Candidate Information”) that we typically process includes the names and email addresses of your Candidates, but will also include any other information you or the Candidates choose to provide us with (which must only be provided in compliance with applicable law).
Sensitive Data: We do not knowingly process information revealing political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation (collectively, “Sensitive Information”). Beamery’s Enterprise Agreements prohibit the processing of Sensitive Information via the Services and, in any event, if you ask Candidates for Sensitive Information or they reveal any Sensitive Information to you through our Services, you must ensure that you remain compliant with all applicable laws including (but not limited to) ensuring that you obtain prior written consent in relation to the collection and processing of all Sensitive Information.
Anonymized Information: We may also anonymize Personal Data so that no natural person can be individually identified anymore (e.g. replacing a name by a random number and deleting the original name; grouping 30 individual Candidates from London to one group “Candidates from London”). We use that anonymized and/or aggregated information for our own purposes or provide that information to our partners for visitor statistics and analysis of our Website, Services and our partners services.
B. Information Collected Automatically:
Log Data: When you visit the Website, whether as a Customer User or Individual User, our servers automatically record information about the browser or mobile app with which our Website is opened (“Log Data”). Log Data include your computer’s/mobile’s browser type, the requested webpage of our Website or feature of our Service, webpages visited before our Website, the time spent on those pages or features, subjects of searches on our Website and Services, access times and dates, and other related statistics. Analytics and Monitoring: We use this Log Data to monitor and analyse the use of the Website and the Services and for the Website’s technical administration, to increase our Website’s functionality and user-¬friendliness, and to better tailor it to our visitors’ needs. Additionally, we use Log Data including your IP address for security purposes like whitelisting, and prevention and recognition of attacks and malware.
Analytics on Our Customers’ Websites: Additionally, as part of our provision of the Services to you, if you install certain software code provided by us on your website, we will also process Log Data generated by this integration on our Customer’s website to anonymously monitor and analyse the use of our Services on that website, and for the respective technical administration, to increase our Service’s functionality and user-friendliness, and to better tailor it to your visitors’ needs.
C. Information We May Receive from Third Parties
We may receive information about you or Candidates from third parties. For example, if you access our Website or Services through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the Beamery application, linking your Beamery Account to the Services, etc., that third party may pass certain information about your use of its service to us. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook user ID), an access token necessary to access that service, any information that you have permitted the third party to share with us including contacts or “friends”, and any information you have made public in connection with that service.
If you allow us access to your “friends list”, your friends’ user IDs, and your connection to those friends, we may process them to provide social features to you that you have actively turned on and which make your experience on our Website and in our Services more social, e.g. to allow you to invite your friends to use our Services as well as provide you with updates if and when your friends join Beamery.
Friends list information and shared contacts may also be used to improve Beamery’s Services only if and to the extent it is permitted under applicable law. You should always review and, if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Services.
We also use third parties to collect publicly available information relating to your Candidates, if and to the extent legally permitted, for the purpose of completing Candidate Information (this is defined as Enrichment Data in our customer Enterprise Agreements); for example, candidate experience and social links. We append any applicable information to the existing information in your Candidate profiles once it has passed through Beamery’s proprietary algorithm and data transformation process.
Beamery will also receive the Google User Data that you give us access to. However, all such access by Beamery is subject to the following limits.
D. Limits on Beamery’s Use of your Google User Data
E. Email and Other Communications:
We may contact you by email or by other means. For example, we may communicate with you about your use of the Website or Services. If you do not want to receive email or other communications from us, please indicate your preferences by adjusting the settings in your Beamery Account or follow the instructions we provide to you in each of our emails to unsubscribe or opt-out of the relevant publication or updates. We may also contact you by email or by other means about new Beamery products or services, offers or other marketing initiatives if you have requested to receive this information from us and have not opted out of receiving this type of information.
Beamery will still send you notices as strictly required by applicable law regardless of whether you opt-out or unsubscribe from communications.
4. WHERE DO WE STORE YOUR PERSONAL DATA?
We process and store information (including Personal Data) about our Individual Users, Customer Users and customers in the United Kingdom and the United States of America. We may also transfer your information to other countries where our service providers operate facilities.
As a Customer User, your organisation’s Enterprise Agreement will include specific terms in relation to data protection and our sub-processing arrangements. Additionally, in the event of data processing on behalf of our customers, such processing is subject to the terms of the data processing addendum (or similar) entered into between Beamery and the relevant customer.
If you are a resident of the EEA, the United Kingdom or Switzerland, we use a variety of legal mechanisms to help ensure your Personal Data and rights are protected. We ensure that the recipient of your Personal Data offers an adequate level of protection and security, for instance by entering into the appropriate back-to-back agreements and, if required, standard contractual clauses or an alternative mechanism for the transfer of data as approved by the European Commission (Art. 46 GDPR) or other applicable regulator. Where required by applicable law, we will only share, transfer or store your Personal Data outside of your jurisdiction with your prior consent.
5. WILL BEAMERY SHARE ANY OF THE PERSONAL DATA IT RECEIVES?
We neither rent nor sell your Personal Data or your Candidates’ Information in personally identifiable form to anyone. However, we may share such Personal Data with third parties as described below.
A. Trusted Third Parties:
We employ other companies and people to either perform tasks on our behalf or to provide specific features to you on your request. Unless we tell you otherwise, such third parties do not have any right to use the Personal Data we share with them beyond what is necessary to assist us. This includes third party companies and individuals employed by us to facilitate our Services, including the provision of maintenance services, sales and marketing applications, database management, web analytics and general improvement of the Services.
B. Protection of Beamery and Others:
C. With your Consent:
Except as set forth above, you will be notified when your Personal Data may be shared with third parties and will be able to object to the sharing of this information. Please take note: Our Website offers publicly accessible blogs and community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
6. IS THE PERSONAL DATA SECURE?
Beamery takes appropriate and reasonable precautions to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. You can find details concerning our security measures (such as encryption) in our Security Policy.
Additionally, your Beamery Account is separated from other Beamery Accounts. This means that your Candidates’ Information associated with your account is separated from accounts of other customers. Your Beamery Account is protected by a password for your privacy and security. However, you must prevent unauthorized access to your Beamery Account and Personal Data by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
The transmission of information via the Internet is never completely secure and we are only able to control our Website and Services, but not the connected communication system or systems you use for accessing the Website or Services (e.g. wifi). Accordingly, unauthorized entry or use, hardware or software failure, and other factors we can neither control nor foresee, may compromise the security of information transmitted over the internet at any time.
When we choose service providers, we assess their technical and organizational measures to ensure the protection of Personal Data. The same applies to other third parties to which we are allowed to transfer this information although these third parties are solely responsible for compliance with applicable laws.
7. DO WE PROCESS DATA OF CHILDREN?
Our Services are not directed to persons under the age of 16. We neither knowingly allow such persons to register for the Services on our Website nor knowingly collect Personal Data from children under 16. No one under age 16 may provide any Personal Data to us or on the Services.
If a parent or guardian becomes aware that his or her child has provided us with Personal Data without the parent’s consent, he or she should contact us at [email protected] If we become aware that a child under 16 has provided us with Personal Data, we will take steps to delete such information from our files.
8. WHAT PERSONAL DATA CAN I ACCESS BY MYSELF?
You have the right to access your Personal Data at any time (see Section 9 regarding your rights). You can access and, in some cases, edit or delete the following information you’ve provided to us through your Beamery Account by yourself:
- name and password
- email address
- company name
- position in company
The information you can view, update, and delete may change as the Website changes. If you have any questions about viewing or updating information we have on file about you, please contact us at [email protected]
Regarding your further rights concerning your Personal Data, please see below Section 9.
9. WHAT RIGHTS DO I HAVE?
In relation to your Personal Data, you always have the following rights to the extent available under applicable law:
- Right to get transparent information about processing of your Personal Data;
- Right to get access to your Personal Data;
- Right to rectify inaccurate Personal Data concerning you and to get information about any rectification;
- Right to erase Personal Data concerning you and to get information about any erasure;
- Right to restrict processing of Personal Data concerning you and to get information about any restriction;
- Right to receive Personal Data you provided to us and which concerns you and transmit this received Personal information to another provider;
- Right to object any data processing that is based on our legitimate interest;
- Right not to be subject of a decision solely based on automated processing including profiling.
You may be able to add, update, or delete information via your Beamery Account or the Services. However, when you update information, we may maintain a copy of the original information in our records (to the extent permitted by applicable law).
We will retain your information for as long as your Beamery Account is active or as reasonably necessary to provide you with the Services (and there may be specific terms in any applicable Enterprise Agreement which deal specifically with our data retention obligations). You may request deletion of your Beamery Account by contacting us at [email protected] Please note that some information may remain in our private records after your deletion of such information from your account (only if and to the extent permitted by applicable law). We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may use any aggregated and anonymized data derived from or incorporating your Personal Data after you update or delete it, but not in a manner that would identify you personally.
If you demand the erasure or object to any data processing please keep in mind that some Personal Data may be needed to register with us or to take advantage of some of our special features.
To request removal of your Personal Data from our blog or community forum, contact us at [email protected] In some cases, we may technically not be able to remove your Personal Data, in which case we will let you know if we are unable to do so and why.
If we make material changes in the way that we must obtain or renew your active prior consent for processing your Personal Data, we will notify you by sending you an email prior to the change becoming effective. If you don’t agree to the changes you may not be able to use the features or Services that are related to this consent.
11. ADDITIONAL TERMS FOR CALIFORNIA RESIDENTS
A. Personal Information
The personal information that we collect is described in Section 3 above ("What Information Does Beamery Collect?"). This section manages that information around the personal information categories set forth in the California Consumer Privacy Act (“CCPA”): • Identifiers, including for example the name, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. We obtain such information when you provide it to us (or where a Beamery Enterprise Agreement is in place, from Customer Users) or otherwise automatically in the course of your interactions with our Services. • Internet or other electronic network activity information, including for example information regarding interactions with our Website and/or Services. We obtain this information automatically in the course of your interactions with our Services. • Inferences, including your preferences, likelihood of interest in certain of our Services.
We use and disclose, to the categories of third parties listed above, personal information for various business purposes, including providing the Website and Services, processing and managing interactions and transactions, quality assurance, security, debugging, research and development, and marketing.
B. No Sale of Personal Information
We do not sell personal information that we collect either from you or from Customer users. In addition, we do not share personal information with third parties for their own direct marketing purposes.
C. Do Not Track
"Do Not Track" or "DNT" is a browser setting that users can set in their web browsers. When a user turns on the "DNT" signal in the web browser, the browser sends a message to websites requesting them not to track the user. Since uniform standards for "DNT" signals have not been adopted, our Website does not currently process or respond to "DNT" signals. In addition, some of our third-party service providers may use standard technology, such as cookies, pixel tags and web beacons, to collect information about internet activities. We will continue to monitor developments around DNT browser technology and the implementation of a standard.
D. Consumer Rights under CCPA
In accordance with the CCPA, and subject to exceptions, California consumers (as that term is defined in the CCPA) have the following rights: • Right to know: you have the right to request that we provide you with the categories of your personal information (as that term is defined in the CCPA) that we have collected about you over the past 12 months, or the specific pieces of personal information we have collected about you; • Right to request deletion: you have the right to request that we delete your personal information that we have collected from you, except where the law allows a business to maintain a consumer’s personal information. • Right to opt-out: you have the right to opt-out of the sale of your personal information, but as stated above, Beamery does not sell your personal information. • Right of non-discrimination: you have the right to not be discriminated against, including but not limited to the right not to be charged a different price for our services or denying you access to our services, based on your decision to exercise any of your rights in this section.
You may exercise your rights by sending a request to [email protected]
Under the CCPA, you may exercise these rights yourself, or you may designate an authorized agent to make these requests on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity.
To verify your identity, we will send a verification email to the email address we have on file for you. If we cannot verify your identity, then we shall not disclose any specific pieces of personal information in response to an access request, and we shall deny your request to delete personal information in response to a deletion request.
For requests to delete your information, Beamery shall use a two-step process where you must first, clearly submit the request to delete and then second, separately confirm that you want such personal information to be deleted.
In accordance with the CCPA, you may have an authorized agent make an access or deletion request on your behalf, provided that such authorized agent has your written permission, and that you are able to verify your own identity directly with Beamery.
12. BEAMERY’S ONGOING COMMITMENT TO PRIVACY
13. CONCERNS AND RESOLUTION
Attn: Data Protection Officer Beamery Ltd 97-101 Hackney Road London, E2 8ET United Kingdom
We will make every effort to resolve your concerns fully and in a timely manner.
Beamery has further committed to refer unresolved privacy complaints to a panel of European Data Protection Authorities.
In the U.S., the regulatory agency with the authority to investigate and resolve claims should you consider our practices to be unfair or deceptive is the United States Federal Trade Commission. In Europe you can approach any supervisory authority that is competent under the General Data Protection Regulation. If you are resident in the EEA and the United Kingdom, the contact details for data protection authorities are available here. If you are resident in Switzerland, the contact details for the data protection authorities are available here.
However, we encourage you to contact us first at [email protected], and then we will do our very best to resolve your concern.