iii.
Pixel Tags.
We and our service
providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or
similar means (collectively, "Pixel Tags")
in connection with some Site pages and HTML-formatted email messages to, among
other things, track the actions of Site users and email recipients, to determine
the success of marketing campaigns and to compile aggregate statistics about
Site usage and response rates.
iv.
Information That You Voluntarily
Provide. Lominger also
collects Non-PII (e.g., your
geographic location, anonymous responses provided using our eTools, etc.) when
you voluntarily provide such information to us.
Such information constitutes Non-PII because, unless combined with PII,
it does not personally identify you or any other user. Additionally, we may aggregate or
de-identify PII in a manner such that the end-product does not personally
identify you or any other user of the Site, for example, by using PII to
calculate the percentage of our users who have a particular telephone area code
or by aggregating data (such as feedback) to generate norms, enable us to
conduct ongoing validation studies, market and promote our assessments and books
(e.g., in presentations, white papers,
technical reports), publish journal articles to further the knowledge base of
organizational science and compile reports.
Such aggregate or de-identified information is considered Non-PII for
purposes of this Policy.
c.
IP Addresses.
Your IP Address is a
number that is automatically assigned to the computer that you are using by your
Internet Service Provider (ISP).
This number is identified and logged automatically in our server log files
whenever users visit the Site, along with the time(s) of such visit(s) and the
page(s) that were visited.
Collecting IP Addresses is
standard practice on the Internet and is done automatically by many websites.
2.
How Does Lominger Use Information Collected From Me?
a.
Personally Identifiable Information.
We may use PII in the following ways:
i.
Fulfillment of Purpose.
Lominger may use PII about you to
fulfill the purpose for which such
PII was provided (for example, to respond to your inquiries).
ii.
Assessments.
Lominger may use PII
to prepare assessments regarding the person reviewed. In addition, Lominger may use PII to
prepare assessments on your employer or your team.
iii.
Administrative Communications.
From time to time,
in our sole discretion, we may use PII about you to send you important
information regarding the Site, changes to our terms, conditions, and policies
and/or other administrative information.
Because this information may be important, you may not opt-out of
receiving such communications.
iv.
Other Communications.
To the extent permitted by applicable law, Lominger and its affiliates
(the “Affiliated Entities”) may use
PII about you to inform you of
products, programs, services and promotions
that we believe may be of interest to you.
v.
Internal Business Purposes.
We may also use PII about you for our internal business purposes, such as
data analysis, audits, developing new products, enhancing our website, improving
our services, identifying usage trends and determining the effectiveness of our
promotional campaigns.
b.
Non-Personally Identifiable Information.
Because Non-PII does not personally identify you or any other individual, we may
use such information for any purpose.
In addition, we reserve the right to share such Non‑PII, which does not
personally identify you or any other individual, with Affiliated Entities and
other third parties, for any purpose.
For example, we may use aggregated feedback to compile reports and
disclose them to your employer or to publish journal articles. We also may use de-identified survey
responses and other de‑identified data for research purposes.
In some instances, we may combine Non-PII with PII (such as embedding email
addresses in cookies). If we do
combine any Non-PII with PII, the combined information will be treated by us as
PII hereunder as long as it is so combined (see Section 2.a above).
c.
IP Addresses.
We use IP addresses for purposes such as calculating Site usage levels,
helping diagnose server problems, and administering the Site. We may also use and disclose PII for
all the purposes set forth in Section 2(a) above and Section 3 below.
Please note that we treat IP Addresses,
server log files and related information as Non-PII, except where we are
required to do otherwise under applicable law.
3.
How Is Personally Identifiable Information Disclosed?
a.
Affiliated Entities. We may share
PII with our Affiliated Entities
(Agensi Pekerjaan Futurestep Worldwide (M) Sdn. Bhd., Avery & Associates, Inc.,
Carre, Orban & Partners Ltd., Carre, Orban & Partners Two Ltd., Continental
American Management Corp., Executive Compensations Advisors, Inc., Futurestep
(Australia) Pty Ltd, Futurestep (Hong Kong) Ltd, Futurestep (Japan) K.K.,
Futurestep (New Zealand) Ltd, Futurestep (Singapore) Pte Ltd, Futurestep (UK)
Limited, Futurestep Germany GmbH, Gabriele 7 Vermögensberatungs GmbH, Hofman,
Herbold & Partner Management Beratung, Hofmann, Herbold & Partners Beteiligungs
GmbH, JobDirect.com, Inc., John Stork BV, K/F Konexion, C.A., K/FI (UK) Limited,
KFI-LK, Inc., Korn Ferry International NZ Limited, Korn Ferry International
S.A., Korn/Ferry (Schweiz) AG, Korn/Ferry (Thailand) Limited, Korn/Ferry Canada,
Inc., Korn/Ferry Careerlink, Korn/Ferry Consultants (India) Private Limited,
Korn/Ferry Internacional del Norte, S.A. de C.V., Korn/Ferry International –
Peru S.A., Korn/Ferry International & Cie, S.N.C., Korn/Ferry International
(Asia Pacific) Limited, Korn/Ferry International (China) Limited, Korn/Ferry
International (H.K.) Limited, Korn/Ferry International (Korea) Limited,
Korn/Ferry International (M) Sdn. Bhd., Korn/Ferry International A/S, Korn/Ferry
International AB, Korn/Ferry International B.V., Korn/Ferry International
Budapest Personnel Consulting and Service Ltd., Korn/Ferry International
Consulting (Beijing) Limited, Korn/Ferry International Consultores Asociados,
C.A., Korn/Ferry International de Venezuela, C.A., Korn/Ferry International
Executive Recruitment (Thailand) Limited, Korn/Ferry International Futurestep
(Belgium) BVBA, Korn/Ferry International Futurestep (Canada) Inc., Korn/Ferry
International Futurestep (Denmark) ApS, Korn/Ferry International Futurestep
(Espana), S.L., Korn/Ferry International Futurestep (France) SARL) so that they may use such PII for the purposes
described in this policy. Lominger
is the party responsible for the management of the jointly-used PII.
b.
Third Party Service Providers.
We work with third parties who provide services such as data analysis, payment
processing, order fulfillment, infrastructure provision, IT services, customer
service, email delivery services, credit card processing and other similar
services. We may share PII about you
with third parties for the purpose of enabling these third parties to provide
services. These service providers
are given access to PII needed to perform their functions, but are restricted
from using the PII for purposes other than providing services for us.
c.
Affiliate Communications.
To the extent permitted by applicable law, we may share PII about you with
the Affiliated Entities to allow them to contact you regarding products,
programs, services and
promotions that they believe may be of interest to you. If you would prefer that we do not
share your information with the Affiliated Entities for such Affiliated
Entities’ marketing purposes,
please see the "Opt-Out" section
below.
d.
Employers. We may share PII about you with your
employer (for example, if we provide your employer with a report compiling
feedback received about you or your team).
Please note that in some cases, your employer may solicit feedback about
you from others without informing you that you are being evaluated.
e.
Development Coaches. In connection
with our eTools, we may share PII about you with the individual designated as
your "development coach" (for example, if we provide your development coach with
a report analyzing feedback received about you).
f.
Assignment.
In the event of any
reorganization, merger, sale, joint venture, assignment, transfer or other
disposition of all or any portion of Lominger's business, assets or stock
(including without limitation in connection with any bankruptcy or similar
proceedings), we may transfer any and all information that we collect from site
users to an Affiliated Entity or a third party.
g.
Law enforcement; emergencies;
compliance.
We may disclose PII about you to others as we believe to be appropriate: (i) under applicable law including
laws outside your country of residence; (ii) to comply with legal process
(iii) to respond to requests from public and government authorities including
public and government authorities outside your country of residence; (iv) to
enforce our terms and conditions; (v) to protect our operations or those of any
Affiliated Entities; (vi) to protect the rights, privacy, safety or property of
Lominger, the Affiliated Entities, you or others; and (vii) to permit us to
pursue available remedies or limit the damages that we may sustain.
4.
Choice
a.
Opt-Out.
If you change your mind, and no longer wish to receive
marketing-related emails from us on a going-forward basis, or if you would
prefer that we not share PII about you on a going-forward basis with our
affiliates for their’ marketing purposes, you may opt-out of receiving such
marketing-related emails or from such sharing by:
In your correspondence, please
specify clearly which of the following choices you are making:
i.
Opting-out of receiving marketing‑related communications from Lominger; and/or
ii.
Opting-out of allowing Lominger to share PII about you with Lominger’s
Affiliated Entities (including its parent and subsidiaries) for their marketing
purposes.
We will endeavor to comply with your request as soon as reasonably practicable. Please note that if you opt-out as
described above, we will not be able to remove PII about you from the databases
of Affiliated Entities
with which we have already shared PII about you (i.e., to which we have already
provided PII about you as of the date that we implement your opt-out request). If you wish to cease receiving
marketing-related emails
from such
Affiliated Entities, please contact them directly
or utilize any opt-out mechanisms set forth in their privacy policies or
marketing-related emails.
b.
Changing or Suppressing PII.
To the extent the laws of your country entitle you to review, correct,
update or suppress PII about you that has been previously provided to us, you
may exercise this right by:
i.
Sending an e-mail request to business_office@lominger.com; or
ii.
Sending a letter via the U.S. Mail to:
Customer Service
Lominger International
5051 Highway 7,
Suite 100
Minneapolis,
MN
55416-2291
For your protection, we will only implement such requests with respect to the
PII associated with the particular email address that you use to send us your
request, and we may need to verify your identity before implementing your
request.
In each event, you must clearly indicate the information that you wish to have
changed, clearly indicate that you wish to have PII about you suppressed from
our database or clearly indicate the limitations you wish to put on our use of
PII about you. We will endeavor to
comply with your request as soon as reasonably practicable. We may need to retain certain
information for recordkeeping purposes, and there may also be residual
information that will remain within our databases and other records, which will
not be removed therefrom. Finally,
we are not responsible for removing or suppressing information from the
databases of third parties with whom we have already shared PII about you, or
limiting their use of PII about you.
Note for eTool Participants: We may be unable to grant access or
suppression of data controlled by your employer, such as data collected and
processed on behalf of your employer through our eTools. If you request access or suppression
of data controlled by your employer, we may direct or forward that request to
your employer.
5.
Other Important Notices Regarding Our Privacy Practices.
a.
Third Party Sites.
The Site may contain links to third party websites. These linked sites (including without
limitation the websites of Affiliated Entities) are not under Lominger's control
and we are not responsible for the privacy practices or the contents of any such
linked site, or any link contained in any linked site. We provide such links only as a
convenience, and the inclusion of a link on the Site does not imply endorsement
of the linked site by Lominger or any Affiliated Entities. If you provide any PII through any
such third party website, your transaction will occur on such third party's
website (not the Site) and the PII you provide will be collected by, and
controlled by the privacy policy of, that third party. We recommend that you familiarize
yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS POLICY DOES NOT
ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING,
WITHOUT LIMITATION, THE AFFILIATED ENTITIES.
b.
Security.
We use reasonable
organizational, technical and administrative measures to protect PII under our
control. Security measures and
tools, such as firewalls, are in place to help protect against the loss, misuse
and alteration of the information under our control. Unfortunately, no data transmission
over the Internet or data storage system can be guaranteed to be 100% secure.
Please do not send us sensitive information through email.
If you have
reason to believe that your interaction with us is no longer secure (for
example, if you feel that the security of any account you might have with us has
been compromised), you must immediately notify us of the problem by contacting
us in accordance with Section 5.f ("Contacting Us,") below (note that if you choose to notify us via physical
mail, this will delay the time it takes for us to respond to the problem).
c.
Data Retention.
We will retain PII about you for the period necessary to fulfill the
purposes outlined in this Policy unless a longer retention period is required by
law.
d.
Note Regarding the Use of the Site by Children:
The Site is
not directed to individuals under the age of thirteen (13), and we request that
such individuals do not provide PII through the Site.
e.
Jurisdictional Issues.
Those who choose to access the Site do so at their own initiative and are
responsible for complying with all local laws, rules and regulations. We may limit the Site's availability,
in whole or in part, to any person, geographic area or jurisdiction we choose,
at any time and in our sole discretion.
By using the Site and submitting any PII, you consent to the transfer of
PII to other countries, such as the
United States, which may provide
a different level of data security than in your country of residence.
f.
Contacting Us.
If you have
any questions regarding this Policy, please contact us by email at
business_office@lominger.com, or please write to the following address:
Customer Service
Lominger International
5051 Highway 7,
Suite 100
Minneapolis,
MN
55416-2291
