Privacy and GDPR Compliance
Tilt365 is committed to protecting the privacy and Personal Data of all its users. As part of this commitment, Tilt365 is GDPR (General Data Protection Regulation) compliant and extends the law's protections to all users, both inside and outside of the European Union. Below is a summary of how we will and already do comply with this new set of regulations.
I. SUMMARY OF USERS' RIGHTS
All users of the Tilt365 system have the right to:
- Request and receive a copy of all Personal Data on file. Usually, this is limited to their name, email address and other profile information.
- Delete all personal information on file. To have someone at Tilt365 remove Personal Data that might be on file for you, please send an email to firstname.lastname@example.org.
- Be excluded from future communication. Once your data has been removed from our system, we have implemented measures that will prevent you from being re-added as a review participant, account holder, or sales prospect.
- Have Personal Data that is stored at Tilt365 protected. Tilt365 uses industry-standard at-rest and in-transit technologies to make sure that all data stored in our system are secured.
- Have Personal Data removed automatically after a period of time. All Personal Data stored in a customer account is removed within 90 days of the expiration of its business relationship with Tilt365.
II. SCOPE OF THIS POLICY
This Policy applies to the processing of Customer Personal Data that Tilt365 receives in the United States concerning Customers who reside in Europe. Tilt365 provides online human resource assessment software services to businesses and individuals.
This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)
III. RESPONSIBILITIES AND MANAGEMENT
Tilt365 has designated an internal team to oversee its information security program, including its compliance with the GDPR program. The internal team shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to email@example.com.
Tilt365 will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. Tilt365 personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that Tilt365 has undertaken to protect Personal Data.
IV. POLICY REVIEW & VERIFICATION
Tilt365 will review its compliance with GDPR at least annually. As part of this review, Tilt365 will conduct an in-house verification to ensure that its attestations and assertions about its treatment of Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, Tilt365 will undertake the following:
- Ensure that this Policy continues to comply with GDPR principles
- Confirm that Customers are made aware of the process for addressing complaints and any independent dispute resolution process (Tilt365 may do so through its publicly posted website, Customer contract, or both)
- Review its processes and procedures for training Employees about Tilt365's participation in the GDPR program and the appropriate handling of Customer Personal Data
V. COLLECTION AND USE OF PERSONAL DATA
Tilt365 provides various solutions to its Customers, which are predominantly business customers, although individual consumers are not restricted from purchasing such products. Tilt365 collects Personal Data from Customers when they purchase our products, register with our website, log-in to their account, complete surveys, request information from us, or otherwise communicate with us.
The Personal Data that we collect may vary based on the Customer's interaction with our website and request for our services. As a general matter, Tilt365 collects the following types of Personal Data from its Customers: contact information, including, a contact person's name, work email address, work mailing address, work telephone number, title, and company name.
When sales prospects use our services online, we will collect their IP address and browser type. We may associate IP address and browser type with a specific customer. We also may collect Personal Data from persons who contact us through our website to request additional information; in such a situation, we would collect contact information (as discussed above) and any other information that the person chooses to submit through our website.
For certain products, Tilt365 serves as a service provider to its Customers. In our capacity as a service provider, we will receive, store, and/or process Personal Data owned and/or controlled by our Customers, including information about their employees, clients, customers, agents, or other individuals. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of each Customer. The information that we collect from our Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Customer, and as otherwise requested by the Customer.
Tilt365 uses Personal Data that it collects directly from its Customers and Customers' customers indirectly in its role as a service provider for the following business purposes, without limitation: (1) maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to a Customer); (2) satisfying governmental reporting, tax, and other requirements (e.g., import/export); (3) storing and processing data, including Personal Data, in computer databases and servers located in the United States; (4) verifying identity (e.g., for online access to accounts); (5) as requested by the Customer; (6) for other business-related purposes permitted or required under applicable local law and regulation; and (7) as otherwise required by law.
VI. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided herein, Tilt365 discloses Personal Data only to Third Parties who reasonably need to know such data. Such recipients must agree to abide by confidentiality obligations. Examples of Third Parties that may receive personal information include analysts or consultants that have been contracted on behalf of your employer (the Customer with which we are contracted) and will only be provided with advance written notice. All Third Parties receiving personal information must have a written confidentiality agreement in place between Customer and Third Party and Tilt365 and Third Party that meets or exceeds GDPR standards.
Tilt365 may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, Tilt365 may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by Tilt365 and they must either: (1) comply with the GDPR principles or another mechanism permitted by the applicable European data protection law(s) for transfers and processing of Personal Data; or (2) agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy. Tilt365 also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure.
Tilt365 may be forced to disclose an individual's personal information when compelled by a request made by a recognized public authority or where required to meet national security and or law enforcement requirements.
VII. SENSITIVE DATA
Tilt365 does not collect Sensitive Data from its Customers.
VIII. DATA INTEGRITY AND SECURITY
Tilt365 stores Your and Your customers’ personal data on the servers of the cloud-based database management services Tilt365 engages, located in the United States. Tilt365 is hosted at AWS which announced compliance with GDPR. For more information on their servers and security, please see AWS security whitepaper (https://aws.amazon.com/whitepapers/overview-of-security-processes/).
Tilt365 uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. Tilt365 has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to Tilt365's electronic information systems requires user authentication via password or similar means. Tilt365 also employs access restrictions, limiting the scope of employees who have access to Customer Personal Data. Further, Tilt365 uses secure encryption technology to protect certain categories of Personal Data.
Despite these precautions, no data security safeguards guarantee 100% security all the time.
IX. ACCESSING PERSONAL DATA
Tilt365 personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
X. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
- Right to Access. As a user of the Tilt365 tool, you have the right to access your data at any time. Data subjects have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which Tilt365 collected the Personal Data. Data Subjects may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law. Upon reasonable request and as required by the GDPR principles, Tilt365 allows Customers access to their Personal Data, to correct or amend such data where inaccurate. Note that Personal Data is removed from our systems permanently upon closure of Customer accounts, and in those cases, personal information is no longer accessible or editable.
Customers may edit their Personal Data by logging into their account profile or by contacting Tilt365 by phone or email. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Customers should submit a written request to their local Tilt365 office. Persons that have submitted their Personal Data to a Tilt365 Customer should contact the Customer in the first instance to update their data.
- Requests for Personal Data. Tilt365 will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If Tilt365 receives a request for access to his/her Personal Data from a Customer's customer, then, unless otherwise required under law or by contract with such Customer, Tilt365 will refer such Data Subject to Customer.
- Satisfying Requests for Access, Modifications, and Corrections. Tilt365 will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
- Limiting Use of Personal Data. You may request limitations on the use of your Personal Data specified in this agreement by contacting us at firstname.lastname@example.org.
XI. CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the GDPR Principles and applicable data protection and privacy laws and principles. We will make employees aware of changes to this policy either by posting to our intranet, through email, or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
XII. QUESTIONS OR COMPLAINTS
Customers may contact Tilt365 with questions or complaints concerning this Policy at the following address email@example.com.
XIII. ENFORCEMENT AND DISPUTE RESOLUTION
Customers with questions or concerns about the use of their Personal Data should contact us at firstname.lastname@example.org. In compliance with the GDPR Principles, Tilt365 commits to resolve complaints about our collection or use of your personal information. Individuals in the European Union with inquiries or complaints regarding our policy should first contact email@example.com.
"Customer" means a prospective, current, or former partner (distributor or reseller), vendor, supplier, customer, or client of Tilt365. The term also shall include any individual agent, employee, representative, customer, or client of a Tilt365 Customer where Tilt365 has obtained his or her Personal Data from such Customer as part of its business relationship with the Customer.
"Data Subject" means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.
"Employee" means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of Tilt365 or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.
"Europe" or "European" refers to a country in the European Economic Area.
"Personal Data" as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual's name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term "person" includes both a natural person and a legal entity, regardless of the form of the legal entity.
"Sensitive Data" means Personal Data that discloses a Data Subject's medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
"Third Party" means any individual or entity that is neither Tilt365 nor a Tilt365 employee, agent, contractor, or representative.