Privacy Notice

 

Betterworks Systems, Inc. (“Betterworks”) is committed to protecting the privacy of people who visit Betterworks’ Websites (“Visitors”), companies and their end users who register to use the Betterworks Services as defined below (“Customers”), and people who register to attend Betterworks’ corporate events (“Attendees”). This Privacy Notice describes Betterworks’ privacy practices as they pertain to the use of the Betterworks’ Websites and the related applications, mobile applications, services, or events offered by or related to Betterworks (together, the “Services”). This Privacy Notice does not apply to any third party applications or software that integrate with the Services through the Betterworks Application (“Third Party Services”), or any other third party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Betterworks Services (the “Betterworks-Customer Agreement”), including the processing of any goal-data, messages, files or other content submitted through the Services (collectively, “Customer Data”). The company (e.g., your employer or another entity or person) that entered into the Betterworks-Customer Agreement (“Customer”) controls the Customer-Betterworks instance of the Services (the “Betterworks Application”) and any associated Customer Data. Additional terms related to Privacy may be addressed in the applicable Customer Agreement related to your or your company’s use of the Product (defined below). In this Notice, the terms “we”, “us”, or “our” refer to Betterworks.

1. Overview

Betterworks provides continuous performance management to help employees easily set goals and give ongoing feedback. It seamlessly connects the four aspects of a performance process – goals, check-in conversations, peer feedback and reviews – to help improve performance and engagement.

 

2. Websites Covered

This Privacy Notice applies to the Websites that link to this Privacy Notice and the Betterworks Application, including: https://betterworks.comhttps://blog.betterworks.comhttps://app.betterworks.com; the BetterWorks mobile application; and support.betterworks.com (collectively referred to as “Betterworks’ Websites” or “Product(s)”).

 

3. Information We Collect

Betterworks may collect and receive Customer Data, Personal Information, Attendee Information, and other information and data (collectively “Information”) in a variety of ways.

Customer Data

Customers or its employees granted access to the Betterworks Application by a Betterworks Customer (“Authorized Users”) routinely submit Customer Data to Betterworks.

Account Information

When you as an Authorized User of a Customer have been granted access to the Betterworks Application, we collect and store information about you as the end user. The personally identifiable information collected from you or your employer through the Betterworks Application includes information in the “My Profile” section of the Betterworks Application, like your name, email address, employee photo, title, office location, and phone number (together, your “Personal Information”).

We use this Personal Information to set up your account or allow administration and communication with you regarding your account. We may also use your email address to send you updates and to provide support in connection with the Betterworks’ Websites or related services. Whenever you like, you can change your account information and notification settings through the various Betterworks Services.

Usage Information

When you log in to the Product(s), we collect and store information that you submit through the Websites. We use this information to help you, your employer, and other users in your organization as part of the contracted services between Betterworks and Customer and as outlined in the Betterworks-Customer Agreement (“Purpose”).

You acknowledge and agree we may collect and disclose Information to facilitate the Purpose. While in some cases you can make certain information private, by default most information is public to other users inside your company using the Product(s). Any Personal Information you provide to us is stored securely. We use and disclose this information only in accordance with this Notice (and the Betterworks Customer Agreement between Betterworks and your company, or the Betterworks Trial Agreement between Betterworks and you, whichever is applicable to your use). Betterworks is not responsible for the authenticity of the information you disclose while using the Products.

Events

When you register for or attend a corporate event or webinar, Betterworks will ask you to provide basic Attendee contact information, including your name, company, title, and email address (“Attendee Information”). We use this information to register you for the event, send you updates leading up to and following the event, and for providing more information to you regarding Betterworks and our select partners. Every marketing email you receive from us will have instructions on how to update your contact information or manage your communication settings, including the option to opt-out of further marketing emails.

Sensitive Personal Information

You agree that you will not display, post, upload, store, exchange or transmit any sensitive information on or through the Betterworks’ Websites or Product(s). This information includes, but is not limited to, date of birth, Social Security number, driver’s license number, other government-issued identification number, financial account number, credit or debit card number, insurance ID or account number, health or medical information, consumer reports, background checks, biometric data, digital signatures, any code or password that could be used to gain access to financial resources, or any other unique identifier of yourself or another individual (“Sensitive Personal Information”).

Betterworks will never be liable to you or another individual for any loss or damages you or another individual may experience due to your displaying, posting, uploading, storing, exchanging or transmitting on or through the Betterworks’ Websites or Product(s) any Sensitive Personal Information about you or a third party.

Other Purposes and Technical Data

Betterworks may collect and use technical data and related information, including, but not limited to, technical information about your device, system, application software, log data, location information, and peripherals. Collecting and using this information lets us facilitate software updates and product support, and continuously make improvements to our Products, Services, or the technologies we offer to you. Betterworks may aggregate the metadata and usage data of you with regards to the Betterworks Websites and/or Products so that the results are non-personally identifiable with respect to you (“Aggregated Anonymous Data”). You acknowledge that Betterworks may use the Aggregated Anonymous Data (i) for its own internal statistical analysis, (ii) to develop and improve the Services, and (iii) to create and distribute reports and other materials regarding use of the Services. To be clear, nothing in this agreement gives BetterWorks the right (or ability) to publicly identify you as the source of any Aggregated Anonymous Data.

Cookies

Betterworks uses cookies and other similar technologies in our Websites and Services that help us collect Information. When you use our Products or visit our Websites, any of them may place a cookie within the memory of your Internet access device. A cookie is a small piece of information that a website can store via your Internet access device for later retrieval. We may use permanent cookies or server-side constructs to help us track use of our services by users, such as the number and frequency of visits to our pages and which parts of our product are visited.

To learn more about our Tracking Technologies please visit the Cookie List page.

Additional Information

We receive Information when submitted to our Website or if you participate in a focus group, contest, activity, or event, request support, or otherwise communicate with BetterWorks. Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Information to BetterWorks. However, certain information is collected automatically and if some information is not provided we may be unable to provide the Services or requested materials.

 

4. Our Disclosure of Personal Information

We will not sell, license, trade or rent your Personal Information. Betterworks will not otherwise disclose your Personal Information except as described within this Notice and within the Betterworks Customer Agreement between Betterworks and your company, or the Betterworks Trial Agreement between Betterworks and you (whichever is applicable to your use), or as indicated in the event registration form when registering for a Betterworks event to which you may specifically opt-in to share your Personal Information with Betterworks event partners. If you choose to share your Personal Information with Betterworks event partners by opting in to do so at event registration, your Personal Information will be subject to applicable business partners’ respective privacy statements. Betterworks Customers determine their own policies and practices for the sharing and disclosure of Personal Information of its end users, and Betterworks does not control how they or any other third parties choose to share or disclose Personal Information.

With Third Party Services

We may share Information with agents, contractors or partners of Betterworks in connection with services that these individuals or entities perform for, or with, us, provided that these agents, contractors or partners are restricted from using said information in any way other than to provide services for Betterworks.

With Sub-Processors

We may share Information with third-party service providers (e.g., email service providers, data storage and processing facilities) to let them perform business functions for us or on our behalf. We do not permit our service providers to use Personal Information that we share with them for their marketing purposes or for any other purpose than in connection with the services they provide to us. Additional information about the sub-processors we use to support delivery of our Services is set forth at Betterworks Sub-Processors Page on the Betterworks website. In cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-US and Swiss-US Privacy Shield Frameworks (see below), Betterworks is potentially liable.

To Comply with Laws or Enforce our Rights

We may also disclose Information we receive if required by law, such as to comply with a subpoena, or similar legal process, or in response to a government request. We also may be required to disclose Personal Information in response to a lawful request by public authorities in efforts to meet national security or law enforcement requirements. To protect and defend the rights, property or safety of BetterWorks or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues, we may disclose Personal Information to relevant parties.

During a Change to Betterworks’ Business

We may disclose Information in connection with any merger, acquisition, debt financing, sale of company assets, or other business transaction in which data could be transferred to third parties as one of our business assets.

With Consent

Additionally, we may share your Personal Information with third parties when we have your consent to do so.

 

5. Choice

By accepting this Privacy Notice by opting-in to use the Betterworks Service or when you submit your Personal Information through the Betterworks Product, Services, and Websites, you consent to us contacting you with newsletter or promotions by email. When you receive newsletters or promotional communications from us, you may “opt-out” by following the unsubscribe instructions provided in e-mails you receive from us or by contacting us directly at the contact information below.

You do not have to provide us with any Personal Information. If you choose not to, we may not be able to provide the Services or requested materials to you. If you are an End User of the Product and Services and would like to opt-out of getting marketing communications from us, please follow the unsubscribe instructions included in each marketing email.

 

6. Updating Your Personal Information

As a Visitor or an Attendee, you may request that we make changes to or delete your Personal Information by e-mailing us at support@betterworks.com. We will respond to your request within 30 days, when permitted by law. We will take all reasonable steps to correct your Personal Information. We will retain your information for as long as your account is active or as needed to provide you Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you are an Authorized User of Customer, you can view your Personal Information by accessing the profile feature of the Product(s). Should you need to modify, remove, or delete the Personal Information you provided, said requests should be directed to the Betterworks Services administrator at your company, where he/she can send an email to support@betterworks.com or use the “feedback” or “help” button available in said Product. We will retain your information for as long as your account is active or as needed to provide your company with our Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Additional Rights to Members

If you are a Visitor or an Attendee and a member citizen of the European Economic Area and want to object to the personal data collection referenced above in Section 3, exercise your right to be forgotten per General Data Protection Regulation (GDPR), request that Betterworks cease using your personal data for direct marketing purposes, or request that Betterworks provide personal data that you have provided to you or another controller if technically feasible, you can email support@betterworks.com. Such requests will be authenticated by Betterworks and processed within thirty (30) days. To learn more about our commitment to GDPR, visit our GDPR page.

If you are an Authorized User of a Customer and a member citizen of the European Economic Area and want to object to the personal data collection referenced above in Section 3, exercise your right to be forgotten per General Data Protection Regulation (GDPR) ,request that Betterworks cease using your personal data for direct marketing purposes, or request that Betterworks provide personal data that you have provided to you or another controller if technically feasible, please contact your Betterworks Services administrator at your company, where he/she can send an email to support@betterworks.com or use the “feedback” or “help” button available in said Product.

 

7. Data Security

Betterworks takes data privacy and security seriously. We maintain administrative, technical and physical safeguards intended to protect against the loss, misuse, unauthorized access, alteration, or disclosure of Information. Given the nature of information processing systems and technology, it is impossible for us to guarantee that Information, during transmission through the Internet or while stored in our systems or otherwise in our care, will be absolutely safe from intrusion by others. Should you suspect a security incident or security breach related to your Information, said suspected security breach or incident should be reported to Betterworks by emailing breach@betterworks.com and including relevant information so that Betterworks can assist you with your query. If you are a member citizen of the European Economic Area as defined by General Data Protection Regulation (GDPR), you may have additional rights regarding notification after a breach.

 

8. EU-US and Swiss-US Privacy Shield Frameworks

Betterworks complies with the EU-US and Swiss-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Information from European Union member countries and Switzerland, respectively. Betterworks has certified that it adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement and liability. If there is any conflict between the policies in this Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

In compliance with the EU-US and Swiss-US Privacy Shield Principles, Betterworks commits to resolve complaints about your privacy and our collection or use of your Personal Information. European Union and Swiss individuals with inquiries or complaints regarding this Privacy Notice should first contact Betterworks at:

Betterworks Systems, Inc.
101 Jefferson Drive, 1st Floor Menlo Park, CA 94025
USA

Betterworks has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if we have not addressed your complaint to your satisfaction, please contact or visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information or to file a complaint. Under certain limited conditions, you may also invoke binding arbitration before the Privacy Shield Panel Betterworks is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Betterworks also commits to cooperate with EU data protection authorities (DPAs) and the Swiss data protection authorities (FDPIC) with regard to human resources data transferred from the EU and/or Switzerland in the context of the employment relationship.

Some types of Personal Information may be subject to other privacy-related requirements and policies, which are consistent with the Privacy Shield. For example:

  1. Personal Information regarding and/or received from Betterworks’ Customers is also subject to any specific agreement with, or notice to, said Customer, as well as additional applicable laws and professional standards; and
  2. Personal Information regarding Betterworks’ personnel and personnel of other Customers of the Betterworks network is subject to internal human resource policies.

You may request that we correct, update, or amend the Personal Information we hold about you. Contact us in the manner described below to update your information in accordance with Privacy Shield requirements. Please know that before we can make any changes to your information, we must confirm and authenticate that you are the data subject making the request for changes. If we deny your request, you will have the opportunity to appeal it, or appeal any other unresolved inquiries, complaints, and disputes.

 

9. Updating This Privacy Notice

We may update this Notice from time to time. When we do, we will also revise the “last updated” date at the bottom of this page. If and when we make changes, you will be notified by email, through the Services, or by posting a prominent notice on our Website at or prior to the change becoming effective. We encourage you to review this Notice periodically to stay informed on our privacy practices. Your continued use of our Services or Website constitutes your agreement to be bound by such changes to this Notice. Your only remedy, if you do not accept the terms of this Notice, is to discontinue use of our Service and our Websites.

 

10. Contacting Us

Betterworks can be contacted at:

Betterworks Systems, Inc.
101 Jefferson Drive, 1st Floor Menlo Park, CA 94025
USA

Questions about our Products and Services can be directed to support@betterworks.com

Questions about our security or privacy practices can be directed to security@betterworks.com

 

 

Version Number: 5.0 Last Updated: April 29, 2021

Comments: Updates to this version of the Privacy Notice reflect changes in data protection law. In addition, we have worked to make the Privacy Notice clearer and more understandable by organizing it with mini sections and headers, and, defining and capitalizing a few terms that are used more than once for simplicity and brevity.