PRIVACY POLICY

Effective Date: 20 August 2021

Perked! Inc. (“Perked!”) is committed to protecting and respecting your privacy. This Privacy Policy explains how Perked! collects and handles your personal information and applies to all our Services, which includes this website. Through our product offerings, Customers and their employees have the ability to provide organizational feedback within their companies. We value your trust and take our privacy obligations seriously.

In this Privacy Policy, a reference to:

·       Perked!, we, us or our means Perked! Inc.;

·       Customer or Company means, in relation to you, the entity or person indicated that has contracted with Perked! to allow you to use Perked!’s Services. The Customer or Company will generally be your employer or an identified subgroup (i.e., division, department, etc.) within your employer;

·       Services means all products, services and websites offered by Perked!;

·       Administrator means any person who vhas log in credentials to a Customer account to manage that account, create surveys, review and share survey results, or manage the account to enable individual users to provide feedback;

·       Respondents means any person who accesses our Services to answer surveys and pulses (either wholly or partially) conducted by Customer using the Services;

·       Visitors means any person who visits our Websites;

·       Websites means, collectively, www.perked.co as well as the other websites that Perked! operates and that link to this Privacy Policy; and

·      You or Yours means either an Administrator, Respondent or Visitor, as applicable.

 

These General Terms, the Service Terms and our Privacy Policy (together, the Agreement) form a contract between you and Perked!. This Agreement governs your subscription to, and use of, Perked!’s website and/or other related applications or services (together, the Services).

 

1. What information do we collect?

We collect information relating to you and your use of our Services from a variety of sources. Some of this information is collected directly from you and some of this information is collected from your interaction with our Services, your Company, other individuals at your Company, or from third parties. How and what information we collect about you will depend on the way that you use our Services as an Administrator, Respondent, or Visitor.

(a) Information we generally collect

·       Contact information: When you provide us with your contact information, whether through use of our Services, creation of an account, a form on our website, or an interaction with our sales or customer support team, we collect your contact information. This information may include, for example, your name and email address.

·       Usage information: We collect usage data about you whenever you interact with our Services. This may include which web pages you visit, what you click on, when you performed those actions, and other activities. Please see our Cookie Policy for more information about the cookies we use in our Services.

·       Device and browser data: We collect data from the device you use to access our Services, such as your IP address, operating system, browser details and time of visit.

·       Cookies and page tags: We use third party tracking services that employ cookies and page tags (also known as web beacons) to collect aggregated and anonymous data about Visitors to our Websites. This data includes usage details and user statistics. Please see our Cookie Policy for more information about cookies and page tags we use on our Websites.

·       Log data: We keep log files that record data each time a device accesses our servers. The log files contain data about the nature of each access, including the originating IP address. We may combine this automatically collected log information with other information we collect about you. We do this to maintain an audit trail of activity, to improve our Services, to improve our marketing activities, for system analytics, or to monitor or improve functionality.

·       Referral data: If as a Visitor, you navigate to our Websites from an external source (such as a link on another website or via an email), we record information about the source that referred you to us.

·       Other data you submit: We may collect your personal information or data if you submit it to us in other contexts. For example, by giving us a testimonial, attending an event we host or entering a contest. We may also collect personal information at other points throughout our Services or within our Website that states personal information is being collected. If you contact us at support@perked.co we will also collect any information that you provide to us voluntarily, such as your operating system version, and other requested information in order for us to respond to your request.

·       Interacting with us on social media: We may collect personal information about you when you interact with us using social media. For example, if you post material to our Facebook page or Tweet us on Twitter.

·       Third parties: We may collect your personal information or data from third parties if you give permission to those third parties to share your personal information with us or where you have made that information publicly available online.

·       Mobile devices: If you connect to the Services using a service provider that uniquely identifies your mobile device, we may receive this identification information to provide the Services to you.

(b) Information specific to Administrators and Respondents

We may collect the following information about Administrators or Respondents:

·       Information collected from your Company:  The information that each Customer provides to us is different. In most cases, your company will provide us with demographic data such as your name, email information, and other information related to your role within the Company, including your manager, direct reports and your position within the Company’s organization chart. Some Customers may provide us with additional demographic information so they can better analyze and understand their survey results.

·       Single sign-ons: If you choose to register or login using a third party account (such as Google or your Company’s SSO provider), the authentication of your login details are handled by that third party and we only collect the information you expressly agree to share with us at the time you give permission to link your Perked! account with the third party account. By using a Google Single Sign-On account (or other supported SSO), you are allowing us to access your Google (or other supported SSO) account information.

·       Survey responses: When you answer a Customer survey, we will store your survey answers and comments.

 

(c) Information specific to Administrators

We may collect the following information about Administrators:

·       Registration details: When you register an account or another Administrator creates an account for you, we collect your name, company name, email address, password and other information.

(d) Information specific to users of third-party integration or service

A Customer may elect to use a third party with the Services (for example Slack). Perked! will not be responsible for any act or omission of any third party, including such third party’s use of Platform Data. Perked! does not warrant or support any such third party. You should contact the relevant third party for any issues arising from your use of its services.

 

If a Customer elects to use a third-party integration or service with the Services, the Customer will be the “controller” and Perked! and the relevant third party will respectively act as “processors”. See also Section 2 (Who is the data controller or processor?). When you use a third party with our Services, (a) any Platform Data within Perked!’s control will be processed according to the terms of the agreement between Customer and Perked! and this Privacy Policy, and (b) any Platform Data within the third party’s control will be processed according to the terms of the agreement(s) between Customer and such third party. If a Customer, or any of its Administrators or Respondents wish to exercise their rights with respect to personal information or any other Platform Data being processed by a third party, the Customer, as the controller, must make the request with the relevant third party directly.

 

2. Who is the data controller or processor?

Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information:

·       For Administrators and Respondents, your company, which is our Customer will be the controller of your personal information and Perked! will be the processor.

·       For Visitors, Perked! will generally be the controller of your personal information.

 

3. How do we use the information we collect?

We use your personal information for a variety of purposes. How and what information we collect about you will depend on the way that you use our Services, whether you are an Administrator, Respondent, or Visitor. In each case, the information we collect and process is reasonably necessary for our business, including providing you with the Services you would expect from us.

(a) Administrators

When you use our Services as an Administrator, we may use your personal information to:

·       Create an account with us: We need to collect and use your personal information to allow you to create an account and log in to that account.

(b) Respondents

When you use our Services as a Respondent, we may use your personal information to:

(c) Visitors

When you use our Services as a Visitor, we may use your personal information to:

·       Contact you for marketing purposes: We may send you news and information about our products or Services that you either request from us, or we believe may interest you (unless prevented by law). In most cases, we will contact you via email.

 

4. Who has access to your personal information?

(a) General

We will share your personal information with third parties only in the ways that are described in this Privacy Policy. To provide you with our Services we will often need to disclose your personal information to our staff or the service providers we use to operate our business. Examples of our service providers include: hosting services, email service providers, system monitoring services, customer support services and website analytics. These companies are only authorized to use your personal information as necessary for us to provide our Services to you and/or the Customer.

 

In most cases, the information that we disclose to our staff or service providers will be directly necessary to provide our Services to you. However, there may be occasions where we need to disclose your personal information to our staff, service providers, professional advisors or other third parties, including to:

·       Provide the Services: In providing the Services, we may need to disclose your personal information to people who work for us or to one of our service providers. Our agreements with third parties include obligations to protect the security and confidentiality of your personal information. These disclosures may be related to activities such as filling orders, processing payments and mail-outs, storing and managing documents, research, providing professional advice, facilitating creation of accounts, sending you service emails, providing technical support, or providing other services to you. Transfers of Respondent information to our service providers are covered by our agreement with the Customer.

·       Prevent illegality or enforce our terms and policies: If you engage in or threaten any unlawful activity, we may reasonably believe that it is necessary to disclose your personal information to the police, a relevant authority or enforcement body, or your internet service provider, employer, supervisor or network administrator.

·       Protect our rights or the rights of our staff: There may be situations where disclosing your personal information is necessary to protect the property, health or safety of Perked! or its staff, the Customers or others. For example, exchanging information with other organizations to protect against fraud.

·       Keep other entities associated with us informed: In some cases, we may need to disclose your personal information to our agents, business affiliates, joint venture entities, partners, investors or any applicable subsidiaries or holding companies. The need to disclose your personal information to these entities may arise from a legal obligation we owe that entity, or to assist our or their legitimate business interests.

·       Run events, competitions and promotions: We may need to disclose your personal information to sponsors and promoters when you register or attend an event or enter any competition that we conduct or promote. This disclosure will generally not apply to Respondents.

·       Perform actions you request or consent to: You may specifically authorize us to disclose your personal information to a third party. For example, to resolve a dispute regarding our Privacy Policy or to integrate a third-party service. We may also disclose your personal information to a third party with your prior consent.

·       Comply with legal requests: In some situations, we may be compelled to disclose your personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose your personal information to third parties such as law enforcement officials or to comply with court orders, such as subpoenas or other legal processes.

·       Merge or sell our business:  We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the personal information collected by us and will assume and be subject to all the rights and obligations regarding your personal information as described in this Privacy Policy. If Perked! is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information.

 

We require all our third party service providers to take appropriate and stringent security measures to protect your personal data in line with our policies. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes in accordance with our instructions.

(b) Disclosures specific to Administrators

When you use our Services as an Administrator, your personal information may be disclosed to other Administrators within your Company.

(c) Disclosures specific to Respondents

When you use our Services as a Respondent, we may also disclose your personal information for the purposes of:

·       Providing the Services – Engagement Survey Results: When you respond to Customer surveys or pulses, the feedback and comments provided by you are collated and conveyed to your employer in an aggregated or de-identified form. Please also note that we merely report the feedback and comments and do not undertake any investigation or assessment into their veracity or legality. Also, Perked!’s access controls and data visibility settings provide your employer with the ability to protect your identity and restrict who can see your survey response.

·       Creating aggregated de-identified data: We may create aggregated de-identified data for any purpose derived from data we hold about you. For example, we may create aggregated de-identified data to share with customers, prospects, partners for business or research purposes, or for provision of our Services such as our survey benchmarks.

·       Fulfilling Customer requests: Because the Customer is the controller of your personal information, we hold and process your personal information on behalf of the Customer. There may be occasions when the Customer instructs us to disclose your personal information to a third party, such as a consultant or a new service provider. If instructed by the Customer to transfer your personal information to a third party, we will sign a data transfer agreement with the Customer and the third party if required, to ensure that they continue to observe the Confidentiality Notice for each survey.

·       Preventing harm: We may also disclose your personal information to the Customer or relevant authorities if your use of our Services indicates an imminent risk of harm to you or to others around you.

 

5. How do we hold the information we collect?

(a) Security of your personal information

The security of your personal information is very important to us. All your data is private and confidential and we take reasonable steps to ensure that your personal information is handled securely and in accordance with this Privacy Policy. We follow generally accepted security standards to protect the personal information submitted to us, both during transmission and once it is received. However, please note that transmitting information over the Internet is never completely secure. Although we do our best to protect your personal information, we cannot guarantee that your personal information is absolutely secure in all situations. Security is a collaborative effort, so we also recommend that you create a sophisticated password for logging in to our Services and keep that password secret. Please see our Terms & Conditions for more details.

(b) Location of personal information

Our servers are based in Canada and the United States, so your personal information will generally be processed and hosted in Canada or the United States.

 

If you reside in the European Union, we put in place appropriate measures to ensure that your personal information is processed in a way that is consistent with and which respects the EU laws on data protection - General Data Protection Regulation (Regulation (EU) 2016/679). Where applicable, our commitment to such regulation may be found in our Data Processing Addendum (Terms & Conditions Appendix A).

 

6. What are your rights to your personal information?

(a) General

Depending on where you are located, you may have certain legal rights over the personal information we hold about you, subject to local privacy laws. You have the following options when exercising your rights:

·       Update your account details: You may be able to update your registration and other account information on your account settings page and information is updated immediately. If you have any questions please contact our Privacy Officer at privacy@perked.co or Customer Support at support@perked.co.

·       Access, correct or delete: Upon request, we will provide you with information about whether we process, or provide to a third party to process on our behalf, any of your personal information. If you want to review, correct (if necessary) or delete the information that we have collected and hold about you, please contact us at privacy@perked.co.

·       Newsletter and other communications: If you subscribe to our newsletter(s) or other communications, you may choose to stop receiving those communications by using the unsubscribe instructions included in our emails, or by contacting us at privacy@perked.co.

·       Other queries or requests: If you have a question or want to make a request that is not listed above, please contact us at privacy@perked.co.

 

(b) Requests from Administrators and Respondents

If you are an Administrator or Respondent, we collect, hold and process information about you on behalf, and under the direction, of the Customer. This information includes data uploaded to our Services by the Customer (for example, your name, email address, employment and demographic data) and your survey responses and comments that you submit through our Services.

 

You have the following options when exercising your rights:

·       Correction and deletion of Platform Data: If you would like to request access, correction, transfer or deletion of your Platform Data, you must contact your Company. If you contact us directly, we will forward your request to the Customer to seek their permission and/or instructions. Please note that when Perked! corrects or deletes your Platform Data, data relating to you may inadvertently be identifiable to the Customer due to its omission.

 

7. How long do we retain your personal information?

(a) Administrators and Respondents

We retain your personal information for as long as we provide our Services to the Customer and until the Customer requests us to delete your personal information, or as needed to comply with our legal obligations, resolve disputes or enforce our legal rights. We may keep your personal information in our encrypted and archived backups for up to 90 days from the point of collection. After this period, your personal data will be anonymized or deleted.

(b) Visitors

We will retain your personal information for as long as is necessary to provide our Services to you, or to comply with our legal obligations, resolve disputes, and enforce our legal rights.

 

8. Changes to this Privacy Policy

Any changes we make to our Privacy Policy will be posted on this page and where appropriate may be notified to you by email or advised to you on next log in to the Platform. Continued use of the Platform will signify that you agree to any such changes.

 

9. How to Contact Us

If you have question about this Privacy Policy, please contact us at privacy@perked.co.