Lytmus Privacy Notice

Last revised: May 22, 2018

This Privacy Notice (“Privacy Notice“) describes the privacy practices of Lytmus Inc. and its subsidiaries and affiliates (collectively, “Lytmus” or “us” or “we“).

Lytmus has developed a skills assessment platform (the “Lytmus Platform”) that allows individuals to demonstrate their skills in a realistic setting, so that potential employers can obtain information to evaluate them. Our clients, the employers that engage our services (any, an “Employer”), are able to access the Lytmus Platform to invite an applicant for employment (a “Candidate”) to complete a take-home skills assessment (each, a “Take-Home”). Lytmus, on behalf of the Employer, will evaluate the Candidate Take-Homes using its proprietary technology and provide the Employer with reports that rank the Candidates for that Employer based on their performance in the Take-Home. An Employer that creates an account on the Website may also access a remote interview tool to interact with Candidates via the Lytmus Platform through a virtual machine (“Remote Interview”). We may also collect personal data for our own business purposes in connection with our business, such as business contact details of potential clients or job applicants’ resumes.

This Privacy Notice applies to the lytmus.io and lytmus.com websites and any other websites or online services controlled by us and which display this Privacy Notice, including the remote interview and skills assessment services that we provide to our clients.

Click on the links below to jump to sections of the Privacy Notice:

• Information We Collect
  • Information We Collect for Lytmus’ Own Business Purposes
  • Information We Collect from or on Behalf of Our Clients
• Cookies and Other Information Collected by Automated Means
• Our Use of Personal Information
  • Our Use of Personal Information for Lytmus’ Own Business Purposes
  • Our Use of Personal Information on Behalf of our Clients
• Information We Share
• Careers
• How We Protect Information
• Links To Websites And Third Party Content
• Data Retention
• Minors
• Online Choices
  • Marketing emails
  • Online Behavioral Advertising
  • Changing or Deleting Your Personal Information
• Information for Individuals in the European Economic Area and the United Kingdom
  • Legal basis for processing data
  • Privacy preferences, rights, and choices
  • International data transfers
• Changes To Our Privacy Notice
• How To Contact Us

INFORMATION WE COLLECT

Information We Collect for Lytmus’ Own Business Purposes

We may collect information about individuals who interact with Lytmus when using our website or services (such as employees of our clients), job applicants, and other individuals.

How we collect the information

We may collect information directly from individuals and from third party vendors, data brokers, or business partners.

Types of information we collect

The types of information we collect include:

• Personal and business contact information (such as name, business name, address, telephone number, email address, and mailing address)
• Payment information (such as credit card or other financial account numbers)

Information We Collect from or on Behalf of Our Clients

We may collect information about Candidates from or on behalf of our clients. Our clients determine the scope of the information transferred to us or that we collect, and the information we receive may vary by client. Typically, the information we collect about Candidates on behalf of our clients includes:

• Contact information (such as name, telephone number, email address)
• Professional credentials, work history (such as current and past employers, years of experience), and educational history
• Any information that a Candidate enters into a Take-Home or Remote Interview
• Other information that a Candidate may choose to provide (such as a professional resume or curriculum vitae, or LinkedIn or other social network profile)

We also collect information when Candidates or Employers use our services to communicate with each other via our services, such as via chat or messaging features, or via file transmission features.

COOKIES AND OTHER INFORMATION COLLECTED BY AUTOMATED MEANS

We, our service providers, and our business partners, may collect certain information about the use of our websites by automated means, such as cookies, web beacons and other technologies (“Automated Information”). Please see our Cookies Policy for more information on cookies. We and our service providers and business partners may collect Automated Information about your online activities over time and across third-party websites when you use our websites. In jurisdictions where Automated Information is considered Personal Information, or if we associate Automated Information with personal information, we will treat Automated Information as personal information in accordance with this Privacy Notice.

Because there is not yet a consensus on how companies should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time. Please see the “Online Choices” section below for information about how you may opt out of, or limit the use of, your browsing behavior for online behavioral advertising purposes.

The information collected by automated means includes:

• Details about the devices that are used to access our websites (such as the IP address, and type of operating system and web browser)
• Dates and times of visits to, and use of, our websites
• Information about how our websites are used (such as the content that is viewed on our webpages; how users navigate between our webpages; and the date, time, and length of access)
• A recording of activity during Take-Homes and Remote Interviews
• Details about how individuals interact with our emails (such as whether the email is opened and which links are clicked in the email)
• URLs that refer visitors to our websites
• Search terms used to reach our websites

Web browsers may offer users of our websites the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly.

OUR USE OF PERSONAL INFORMATION

Our Use of Personal Information for Lytmus’ Own Business Purposes

We may use personal information to :

• Provide our services to our clients
• Communicate about the products and services we offer, and respond to requests, inquiries, comments, and suggestions
• Analyze and enhance our communications and strategies (including by identifying when emails sent to you have been received and read)
• Operate, evaluate and improve our business, our websites, and other products and services we offer (including to develop new products and services)
• Invoice and collect payment for our services
• Establish and maintain an individual’s profile on our website
• Tailor the content we display in our communications and on our websites
• Customize our services to individuals’ preferences
• Administer surveys and other market research
• Comply with legal requirements, judicial process, and our company policies (including to verify users’ identity in connection with access or correction requests)
• Protect against, identify, investigate, and respond to fraud, illegal activity (such as incidents of hacking or misuse of our websites), and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide
• Process employment applications
• Monitor recruiting statistics, to inform our recruitment activities

We may aggregate and/or de-identify any information that we collect, such that the information no longer identifies any specific individual. We may use, disclose and otherwise process such information for our own legitimate business purposes – including historical and statistical analysis and business planning – without restriction.

Our Use of Personal Information on Behalf of our Clients

We use personal information we collect from or on behalf of our clients to provide services only as directed or authorized by our client. We do not use this information for our own purposes. Typically, we are directed or authorized to use personal information collected on behalf of the client to:

• Provide our services to our clients, such as by enabling a Candidate to participate in a Take-Home or Remote Interview and provide technical support to Candidates
• Evaluate Candidates’ performance on Take-Homes, including by comparing a Candidate’s performance to other Candidates
• Provide an Employer with a record of a Remote Interview or Take-Home
• Establish and maintain a Candidate’s profile on our website on behalf of an Employer

INFORMATION WE SHARE

We may share personal information for the purposes set out in this Privacy Notice with:

• Lytmus affiliates and subsidiaries
• Service providers that perform services on our behalf, such as customer service and support providers, technology providers (including providers of payment processing, technology support, quality assurance, web hosting, and email communications)
• Analytics organizations
• Survey and market research providers (with respect to information that Lytmus collected for its own business purposes)
• Advertising and marketing partners (with respect to information that Lytmus collected for its own business purposes)

We may share all information that we collect on behalf of an Employer, including a recording of the Candidate’s Take-Home or Remote Interview and our assessment of a Take-Home, with that Employer and as directed by that employer.

Unless prohibited by applicable law, we reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our business or assets. If we engage in such a sale or transfer, we will – where required by applicable law – make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Notice. After such a sale or transfer, you may contact the recipient with any inquiries concerning the processing of your personal information.

In addition, we may share your information to comply with legal and regulatory requirements, and protect against and prevent fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites), and claims and other liabilities.

CAREERS

If you submit your information in connection with job opportunities at Lytmus, we will use and disclose the information to process your application (including to contact you and/or your references and former employers if appropriate), to monitor recruitment statistics, and to comply with government reporting requirements. We also retain statistical information about applicants to help inform our recruitment activities. We will process this information based on our legitimate interest of evaluating job candidates or, when you provide us with sensitive information, based on your consent.

HOW WE PROTECT INFORMATION

We maintain reasonable administrative, technical, and physical safeguards designed to protect the personal information we maintain against accidental, unlawful, or unauthorized access, disclosure, alteration, use, loss, or destruction. However, we cannot guarantee that the safeguards we maintain will ensure the security of the personal information.

LINKS TO OTHER WEBSITES AND THIRD-PARTY CONTENT

We may provide links to websites and other third-party content that is not owned or operated by Lytmus. The websites and third-party content to which we link may have separate privacy notices or policies. Lytmus is not responsible for the privacy practices of any entity that it does not own or control.

DATA RETENTION

We will retain personal information only for as long as necessary to fulfill the purpose(s) for which the information was collected, depending on the purpose(s) for which the information was collected, the nature of the information, any contractual relationship that may govern the retention of the data, and our legal or regulatory obligations. We will then destroy the personal information or anonymize the information, in accordance with applicable law.

MINORS

Our websites and services are not intended for individuals under 18 years of age, and individuals must be at least 18 years of age to register with our websites. We do not knowingly collect personal information from children under age 13 through our websites. If we learn that we have collected personal information from a child under the age of 13 through our websites, we will delete that information.

ONLINE CHOICES

Marketing Emails

You may unsubscribe from receiving marketing or other commercial emails from Lytmus by following the instructions included in the email. However, even if you opt out of receiving such communications, we retain the right to send you non-marketing communications (such as information about changes to our website terms).

Online Behavioral Advertising

Some of the business partners that collect information about users’ activities on our websites may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior for purposes of targeted advertising. For example, users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. European users may opt out of receiving targeted advertising on websites through members of the European Interactive Digital Advertising Alliance by clicking here, selecting the user’s country, and then clicking “Choices” (or similarly-titled link). Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

Changing or Deleting Your Personal Information

You may change your personal information in your account on the website, other than data related to your Take-Homes or Remote Interviews, by editing your profile within your account or by sending an e-mail to us at the e-mail address set forth below. You may also contact us to request deletion of your personal information, but please note that any data that we delete may remain in our archives, and we may retain your information for anti-fraud or similar purposes.

Individuals whose personal information Lytmus processes on behalf of a client (such as a Candidate) should contact that client to request any changes or deletions that are not possible via the standard mechanisms on our website.

We also address the ability for individuals in the European Economic Area and the United Kingdom to request deletion of their personal information in the section below titled “Information for Individuals in the European Economic Area and the United Kingdom.”

INFORMATION FOR INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM

Legal basis for processing data

In this section, we identify the legal grounds on which we rely to process personal information.

In some cases, Lytmus has a legitimate interest to process the personal information that we collect, such as to develop, administer and support our products and services; to operate, evaluate and improve our business; to invoice and collect payment for services; to support our recruitment activities; or to facilitate a sale of assets or merger or acquisition.

In other cases, Lytmus processes personal information to fulfill our contracts with our clients, such as when we process personal data from or regarding a Candidate on behalf of an Employer.

It may be also necessary for Lytmus to process personal information to comply with our legal obligations, and to protect against, identify, investigate, and respond to fraud, illegal activity, and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide.

If Lytmus relies on consent for the processing of your personal information, we will seek such consent at the time we collect your personal information. For more information on consent, please see the “Privacy Preferences, Rights and Choices” section of this Privacy Notice.

Privacy preferences, rights and choices

Individuals have certain rights and choices regarding Lytmus’ processing of their personal information. Please see the “How to Contact Us” section below for our contact information.  Individuals whose personal information Lytmus processes on behalf of a client (such as a Candidate) should contact that client to exercise the rights and choices described in this section.

Please note that if the exercise of these rights limits our ability to process personal information, we may be precluded from providing our products or services to individuals who exercise these rights, or from otherwise engaging with such individuals going forward.

We reserve the right to verify the identity of the individual in connection with any requests regarding personal information to help ensure that we provide the information to individuals to whom the information pertains, and allow only those individuals or their authorized representatives to exercise rights with respect to that information.

For information about the rights and choices users have with respect to cookies and online tracking, please see the “Cookies and Other Information Collected by Automated Means” section of this Privacy Notice.

General objections to the processing of personal information

To the extent provided by applicable law, you may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your personal information. In some circumstances, withdrawing your consent to Lytmus’ use or disclosure of your personal information will mean that Lytmus will not be able to provide products or services to you or to otherwise engage with you.

Access to personal information

You may request access to the personal information that we maintain about you. If we grant your request, we will provide you with a copy of the personal information we maintain about you in the ordinary course of business, in a commonly used format. You may request to correct any errors in your personal information. We may reject your request to access or correct your information, as permitted by applicable law.  If we reject your request, we will notify you of the reasons for the rejection.

Portability of personal information

You may request that we transfer your personal information to another data controller. We may reject your request, as permitted by applicable law.  If we reject your request, we will notify you of the reasons for the rejection.

Deletion of personal information

You may request that we delete your personal information. We may reject your request, as permitted by applicable law.  If we reject your request, we will notify you of the reasons for the rejection.

International data transfers

We may transfer personal information to countries other than the country in which the data was originally collected, for the purposes described in this Privacy Notice. For example, if you are located outside of the United States, we typically transfer your personal information to the United States, where Lytmus is headquartered. The countries to which we transfer personal information may not have the same data protection laws as the country in which you initially provided the information. When we transfer personal information across borders, we consider a variety of requirements that may apply to such transfers. Specifically, we may transfer personal information from the European Economic Area or the United Kingdom to:

• Countries that the European Commissions has deemed to adequately safeguard personal information
• Pursuant to the recipient’s compliance with standard contractual clauses, EU-US Privacy Shield, or Binding Corporate Rules
• Pursuant to the consent of the individual to whom the personal information pertains
• As otherwise permitted by applicable EEA requirements.

CHANGES TO OUR PRIVACY NOTICE

Lytmus reserves the right to change this Privacy Notice at any time. When we update this Privacy Notice, we will notify you of changes that are deemed material under applicable legal requirements by updating the date of this Privacy Notice and providing other notification as required by applicable law. We may also notify you of changes to the Privacy Notice in other ways, such as via email or other contact information you have provided.

HOW TO CONTACT US

You may contact us with questions, comments, or complaints about this Privacy Notice or our privacy practices, or if you wish to access, delete or correct you information. Our contact information is as follows:

Lytmus Inc.
Attn: Privacy Policy Dept.
225 Bush St., Suite 1820
San Francisco, CA 94104
privacy@lytmus.com.

If you are a resident within the European Economic Area, you also have the right to file a complaint with the supervisory authority of your member state.

LYTMUS COOKIES POLICY

Effective Date: May 22, 2018.

Consent

By using the Lytmus website and any other website (including mobile-optimized websites) owned or controlled by Lytmus and which links to this Cookies Policy (collectively, the “Website”) you consent to the use of cookies in accordance with this Cookies Policy.

What are cookies?

Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating web domain on your subsequent visits to that domain. Most web pages contain elements from multiple web domains so when you visit the website, your browser may receive cookies from several sources.

Cookies are useful because they allow a website to recognize a user’s device. Cookies allow you to navigate between pages efficiently, remember preferences and generally improve the user experience. They can also be used to tailor advertising to your interests through tracking your browsing across websites.

Session cookies are deleted automatically when you close your browser and persistent cookies remain on your device after the browser is closed (for example to remember your user preferences when you return to the site).

What types of cookies does Lytmus use?

We describe the categories of cookies Lytmus and its contractors use below.

Strictly Necessary Cookies

These cookies are essential in order to enable you to move around the Website and use its features. Without these cookies, services you have asked for (such as navigating between pages) cannot be provided.

Performance Cookies

We make use of analytics cookies to analyze how our visitors use our Website and to monitor Website performance. This allows us to provide a high quality experience by customizing our offering and quickly identifying and fixing any issues that arise. For example, we might use performance cookies to keep track of which pages are most popular, which method of linking between pages is most effective, and to determine why some pages are receiving error messages. We might also use these cookies to highlight articles or site services that we think will be of interest to you based on your usage of the website. The information collected by these cookies is not associated with your personal information by us or by our contractors.

We permit Google Analytics  and Mixpanel, Marketo, and Facebook Pixel to set performance cookies on the Website. You can opt out of Google Analytics here and Mixpanel here. You can view Marketo’s Privacy Policy here. You can opt out of receiving customized ads via the Facebook Pixel via http://optout.aboutads.info.

Website Functionality Cookies

We make use of cookies to provide you with certain functionality. For example, to remember choices you make (such as your user name, language or the region you are in), or to recognize the platform from which you access the site, and to provide enhanced and more personal features. These cookies are not used to track your browsing on other sites.

Local Shared Objects (“flash cookies”)

In addition to the above cookies, we may use Local Shared Objects, also referred to as “flash cookies,” on our Website. These are used to enhance your user experience, for example, by storing your user preferences and settings. Local Shared Objects are similar to browser cookies, but can store data more complex than simple text. By themselves, they cannot do anything to or with the data on your computer. Like other cookies, they can only access personally identifiable information that you have provided on the website, and cannot be accessed by other websites.  To find out more about flash cookies or how to disable them, please visit  http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.

Disabling cookies

If you do not agree to the use of these cookies, you may disable them by following the instructions for your browser as explained at  http://www.allaboutcookies.org/manage-cookies/. Please note that some of our services may not function properly if cookies are disabled. You may also opt out of third-party cookies where available by using the links provided in this Cookies Policy.

Furthermore, some parties that set cookies via our site may offer the ability to opt-out of cookies via the Network Advertising Initiative’s consumer opt-out tool, the European Interactive Digital Advertising Alliance’s consumer opt-out tool, or the Digital Advertising Alliance’s Consumer Choice Page.

Cookies policy does not cover third party websites

Please note that this cookies policy does not apply to, and we are not responsible for, the cookie practices of third party websites which may be linked to this Website.

Changes to the Cookies Policy

We may update this cookies policy and we would encourage you to review the policy from time to time to stay informed of how we are using cookies.