Effective Date: 19 August 2024
1. Introduction
Welcome to BlueOptima’s Privacy Policy.
BlueOptima Limited and its affiliates (“BlueOptima”) are firmly committed to protecting your privacy. This Privacy Policy (“Policy”) sets out how BlueOptima uses and protects your personal information when you access, visit and use this website or our Services (regardless of where you visit it from) to the extent BlueOptima is the data controller of your personal information.
Please use the Glossary to understand the meaning of some of the terms used in this Privacy Policy.
2. Important information and who we are
2.1 Purpose of this Privacy Policy.
This Privacy Policy aims to give you information on how BlueOptima collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter or purchase/use a product or service.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this Privacy Policy together with any other Privacy Policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.
2.1 Who we are
BlueOptima will be responsible for your personal data (collectively referred to as “we”, “us” or “our” in this Privacy Policy).
If you have any questions about this Privacy Policy, including any requests to exercise your legal rights please contact us using the details set out below.
2.2 Controller
BlueOptima LTD is the controller and is responsible for your personal data (collectively referred to as “BlueOptima”, “Company”, “we”, “us” or “our” in this privacy policy).
BlueOptima LTD has several subsidiaries as listed in the subprocessor list below. This privacy policy is issued on behalf of BlueOptima’s group of companies so when we mention “BlueOptima”, “Company”, “we”, “us” or “our” in this privacy policy, we are referring to any of the relevant companies in the Company Group responsible for processing your data. BlueOptima LTD is the controller and responsible for this website.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
2.2 Contact details
Our full details are:
Data Protection Officer
BlueOptima Limited
3rd Floor, Coburg House, 63-67 Newington Causeway
London
SE1 6BD
By email:dpo@blueoptima.com
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please please contact the Data Protection Officer at dpo@blueoptima.com and we will respond to your request in the first instance.
2.3 Changes to the Privacy Policy and your duty to inform us of changes
2.3.1 The personal data we hold about you must be accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2.3.2 BlueOptima may occasionally update this Privacy Policy. When it does, BlueOptima will also revise the Effective Date at the top of this Policy. BlueOptima encourages you to periodically review this Policy to stay informed about BlueOptima’s collection, use, and disclosure of personal information. BlueOptima reserves the right, at its discretion, to change, modify, add, or remove portions of the Policy at any time.
2.4 Third-party links
2.4.1 This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Policy of every website you visit.
3. The data we collect about you
3.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
3.2 We may collect, use, store and transfer different kinds of personal data about you, which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- Biometric Data includes photos and screenshots of you.
3.3 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.
3.4 We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3.5 If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
4. How is your personal data collected?
4.1 We use different methods to collect data from and about you including through:
4.1.1 Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services;
- create an account on our website;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
4.1.2 Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
5. How we use your personal data
5.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
5.2 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
5.3 Purposes for which we will use your personal data
5.3.1 Marketing
5.3.2 We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
5.3.3 Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact the Data Protection Officer at dpo@blueoptima.com if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
| To register you as a new customer | (a) Identity
(b) Contact |
Performance of a contract with you |
| To process and deliver your order including:
(a) Manage payments, fees and charges (b) Collect and recover money owed to us |
(a) Identity
(b) Contact (c) Financial (d) Transaction (e) Marketing and Communications |
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us) |
| To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey |
(a) Identity
(b) Contact (c) Profile (d) Marketing and Communications |
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
| To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity
(b) Contact (c) Technical |
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation |
| To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | (a) Identity
(b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical |
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
| To use data analytics to improve our website, products/services, marketing, customer relationships and experiences | (a) Technical
(b) Usage |
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
| To make suggestions and recommendations to you about goods or services that may be of interest to you | (a) Identity
(b) Contact (c) Technical (d) Usage (e) Profile |
Necessary for our legitimate interests (to develop our products/services and grow our business) |
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
5.3.4 Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
5.3.5 Third-party marketing
We will get your express opt-in consent before we share your personal data with any company outside the BlueOptima group of companies for marketing purposes.
5.4 Opting out
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
5.5 Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
5.6 Change of purpose
5.6.1 We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please please contact the Data Protection Officer at dpo@blueoptima.com and we will respond to your request promptly.
5.6.2 If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5.7 Call Recording
We may record telephone calls with our customers, clients, and other third parties for quality assurance, training, compliance, and record-keeping purposes. By engaging in a telephone call with us, you acknowledge and consent to this practice.
Purpose of Recording
The recordings help us to:
- Enhance the quality of our services through detailed review.
- Provide training to our staff by using real-life examples.
- Comply with legal and regulatory obligations.
- Address any complaints or disputes that may arise.
6. Disclosures of your personal data
6.1 We may have to share your personal data with the parties set out below for the purposes set out in the table in section 5 above.
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.
6.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. 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 and in accordance with our instructions.
7. International transfers
7.1 BlueOptima is a global business headquartered in the United Kingdom. Personal information collected by BlueOptima worldwide (including in Europe) may be transferred to the United States or anywhere else where our affiliates, third party service providers and partners operate. However, BlueOptima has taken appropriate safeguards to ensure that your personal information remains protected in accordance with this Policy and applicable data protection law. This includes implementing the European Commission’s Standard Contractual Clauses for transfers of personal information to our affiliates, third-party service providers and partners.
7.2 If transfers outside of the UK occur: we ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. Some of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.
7.3 Whenever we transfer your personal data out of the UK, we ensure a high degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- Entering into SCCs
- Intracompany transfer agreements
- Data Protection Impact Assessments are completed annually
- Technical measures which include encryption, access control, and logical separation of data
- Confidentiality agreements and background checks to ensure the reliability of staff
- A process for ensuring data cannot be accessed by third-party governments
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
- Where we use certain service providers, we may use specific contracts approved for use in the UK or EEA which give personal data the same protection it has in the UK and EU.
7.4 Subprocessors
| Name | Role | Processing Activities | Location(s) of Processing |
| AWS | Data Processor and Data Controller | Hosting | Ireland, Germany (Failover-backup site) |
| Google LLC | Data Processor and Data Controller | Email hosting, collaboration, and analytics (traffic/ event analysis) | European Union |
| Intercom R&D Unlimited | Data Processor and Data Controller | Customer engagement and support | European Union |
| Zendesk, Inc. | Data Controller | Customer engagement and support | United States, Ireland |
| Hubspot, Inc. | Data Processor and Data Controller | Customer engagement and relationship management | United States |
| Onfido LTD | Data Processor | Customer identity verification – for BlueOptima Predictive Assessment only | United Kingdom |
| Microsoft Corporation, Inc. | Data Controller | For customer engagement and management purposes | European Union |
| Adobe Inc | Data Controller | Creating, editing, and managing digital content and marketing purposes | European Union |
| Canva Pty Ltd | Data Controller | For design and marketing purposes | United States |
| Drata Inc. | Data Controller | To comply with BlueOptima’s legal obligations under applicable laws, including applicable data protection law | United States |
| airSlate, Inc. (SignNow specifically) | Data Controller | To comply with BlueOptima’s legal obligations under applicable laws, including applicable data protection law and for facilitating the electronic signing of legal and business documents | EEA and the United States |
| Zinc Work Limited | Data Controller | Conducting background checks and verifying candidate information during recruitment and to comply with BlueOptima’s legal obligations under applicable laws | EEA |
| Smartrecruiters, Inc. | Data Controller | Facilitating recruitment processes, including candidate sourcing, evaluation, and communication | EEA |
| Tiller AI Ltd | Data Processor and Data Controller | For customer engagement and relationship management and quality training purposes. | Europe |
| BlueOptima Inc | Data Processor and Data Controller | Technical Support | Galvanise Phoenix, Suite 150, East Grant Street 103, Phoenix AZ 85004 |
| BlueOptima SaaS Private Limited | Data Processor and Data Controller | Technical Support | WeWork Salarpuria Magnificia, Tin Factory, No.78, Old Madras Road, Mahadevapura, Next to KR Puram, Bangalore-560016 |
| Blueoptima S. de R.L. de C.V. | Data Processor and Data Controller | Technical Support | Mutuo (Mutuo Naciones Unidas) Av. Naciones Unidas 5573 Vallarta Universidad Zapopan, 45110 Guadalajara, Jalisco, México |
Please contact the Data Protection Officer at dpo@blueoptima.com if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
8. Data security
8.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
8.2 BlueOptima takes reasonable precautions to protect your personal information from loss, misuse and unauthorised access, disclosure, alteration, and destruction. No method of transmission over the Internet, or method of electronic storage is 100% secure, however. Therefore, BlueOptima cannot guarantee its absolute security. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
9. Data retention
9.1 How long will you use my personal data for?
9.1.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
9.1.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
9.1.3 By law, we have to keep basic information (provided it is required legally) about our customers (including Contact, Identity, and Transaction Data) for six years after they cease being customers for tax and regulatory purposes. In some circumstances you can ask us to delete your data: see Request erasure below for further information.
9.1.4 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9.1.5 When BlueOptima has no ongoing legitimate business need to process personal information, we will either delete or anonymise/de-identify it or, if this is not possible (for example, because the data has been stored in backup archives), BlueOptima will securely store the personal information and isolate it from any further processing until deletion is possible.
10. Links to other websites
10.1 BlueOptima does not control and cannot be responsible for third-party websites’ content, operation, or privacy policies and other terms of service. BlueOptima is not responsible for the protection and privacy of any information which you provide while visiting such websites and such websites are not governed by this Policy.
11. Children’s Privacy
11.1 Our Services and Sites are not intended for use by anyone under the age of 16. BlueOptima does not knowingly collect personal data from anyone under the age of 16. If you are under 16, you may not attempt to register for our Services or send any information about yourself to us, including your name, address, telephone number, or email address. If we become aware that we have collected personal data from someone under the age of 16 without verification of parental consent, we will delete that information promptly. If you are a parent or legal guardian of a child under 16 and believe that a child has provided us with their personal data, please contact us at the email or mailing address provided at the end of this Privacy Policy.
12. Your legal rights
12.1 Under certain circumstances, you may have the following rights under data protection laws in relation to your personal data.
- To request access to your personal data.
- To request correction of your personal data.
- To request erasure of your personal data.
- To object to processing of your personal data.
- To request restriction of processing your personal data.
- To request transfer of your personal data.
- To withdraw consent.
12.1.2 If you wish to exercise any of the rights set out above, please contact the Data Protection Officer at dpo@blueoptima.com and we will respond to your request promptly.
12.3 No fee usually required
12.3.1 You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
12.4 What we may need from you
12.4.1 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
12.5 Time limit to respond
12.5.1 We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
United States Supplemental Privacy Policy
California
1.Our Global Privacy Policy applies to all California residents. The following additional California-specific disclosures are required by California law and relate to both our online and offline practices for handling “Personal Information” (as defined below) of California residents.
1.2 The California Consumer Privacy Act (CCPA) regulates the processing of Personal Information, which is defined as “information that identifies, relates to, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household.” For purposes of honoring the rights of California residents, all references to PII or Personal Data in our Global Privacy Policy include personal information as defined in the CCPA.
1.3 For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act (“CCPA“), the California Privacy Rights Act of 2020 (“CPRA“), and any regulations promulgated under either law, in each case, as amended from time to time.
This Section 1 does not apply to;
- information exempted from the scope of the CCPA;
- activities governed by a different privacy notice, such as notices we give to California personnel or job candidates; or
- Personal Information we collect, use, and share on behalf of our customers as a “service provider” under the CCPA.
- Your Rights
2.1 You have the following rights:
- Right to Information/Know and Data Portability You can request whether we have collected your Personal Information, and in certain cases, the following information about how we have collected and used your Personal Information during the past 12 months:
- The categories of Personal Information we have collected.
- The categories of sources from which we collected the Personal Information.
- The business or commercial purpose for collecting, sharing, and/or selling Personal Information.
- The categories of Personal Information that we sold or disclosed for a business purpose.
- The categories of third parties to whom Personal Information was sold, shared, or disclosed for a business purpose.
- Right to Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
- Right to Correction. You can request that we correct inaccurate Personal Information that we have collected about you.
- Right to Deletion. You can ask us to delete the Personal Information that we have collected from you.
- Right to Opt-Out of Tracking for Targeted Advertising Purposes. While we do not sell Personal Information for money, like many companies, we use services that help deliver targeted ads (also known as interest-based ads) to you, as we have described in the “How and Why We Use Your Personal Data” section above. The CCPA classifies our use of some of these services as “sharing” your Personal Information with the advertising partners that provide the services, from which you have the right to opt-out.
- Right to Nondiscrimination. You are entitled to exercise the rights described above free from discrimination prohibited by the CCPA.
3. How to exercise your rights
3.1 Right to Information/Know, Access, Correction, and Deletion. You can exercise any of the above rights by emailing us at dpo@blueoptima.com
3.2 Verification of Identity. We will need to verify your identity to process your information/know, access, correction, and deletion requests and reserve the right to confirm your California residency. To verify your identity, we may require you to provide government identification, give a declaration as to your identity under penalty of perjury, and/or provide additional information. These rights are not absolute, and in some instances, we may decline your request as permitted by law.
3.3 Authorised Agents. Your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of the valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000-4465. If you have not provided your agent with such a power of attorney, you must provide your agent with written and signed permission to exercise your CCPA rights on your behalf, provide the information we request to verify your identity and provide us with written confirmation that you have given the authorized agent permission to submit the request.
4. Personal Information that we collect, use and disclose
The table below describes our Personal Information practices by reference to the categories in the “Personal Data Collected by BlueOptima” section above and the categories described in the CCPA (Cal. Civ. Code Section 1798.140(v)) and describes our practices currently and during the 12 months preceding the effective date of this Privacy Policy. Information you voluntarily provide to us, such as in webforms, may contain other categories of personal information not described below. Note that:
- We do not “sell” personal information as defined by the CCPA and have not sold Personal Information in the preceding 12 months.
- We do not use or disclose sensitive personal information for purposes that California residents have a right to limit under the CCPA.
| CCPA statutory category Personal Information “PI” we collect in this category |
Business/commercial purpose for collection | Categories of third parties to whom we “disclose” PI for a business purpose | Categories of third parties with whom we “share” PI |
Identifiers
|
|
|
Subprocessors (if applicable) |
Professional or employment- related data
|
|
|
Subprocessors (if applicable) |
Internet or network information
|
|
|
Subprocessors (if applicable) |
Sensory information
|
|
|
None |
Inferences
|
|
|
Subprocessors (if applicable) |
- Response Timing
5.1 We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact dpo@blueoptima.com.
5.2 We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.
5.3 If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically.
5.4 Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
5.5 We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Colorado, Connecticut, and Virginia
Our Global Privacy Notice applies to all Colorado, Connecticut, and Virginia residents. The following supplemental disclosures are specifically required by state law.
Colorado, Connecticut, and Virginia regulate the processing of “Personally Identifiable Information”, which generally has the same definition as Personal Data in our global Privacy Policy. We recognise all requests to exercise state privacy rights including both personal data under applicable state law and Personal Data as defined in our Global Privacy Policy.
Mandatory Disclosures
- We process the following categories of personal data: identifiers/contact information, demographic information (including gender and age), payment card information, commercial information (such as information about your business), internet activity, audio and electronic information, and inferences.
- The purposes for processing your Personal Data are described in our Global Privacy Policy.
- We may disclose all of the categories of Personal Data described above to the third parties described in our Global Privacy Policy.
- We process the following categories of personal data for targeted advertising purposes: identifiers, demographic information, commercial information, internet activity, and inferences.
The Right to Opt-Out of Marketing and Advertising
We recognise the right to opt-out of targeted marketing and advertising communications. You can exercise this right by sending us an email at dpo@blueoptima.com. If you are a customer, you can also opt-out of targeted marketing and advertising communications by notifying your customer success manager.
How to Exercise Your Rights
You, or an authorised agent, may make a request to exercise your rights to know, access, correct, delete, transfer (portability), or opt-out of marketing by emailing us at dpo@blueoptima.com. You, or an authorized agent, can also send your request by mail to the address listed in our Global Privacy Policy.
We reserve the right to use commercially reasonable methods to verify your identity and the authority of any authorized agent to act on your behalf.
Time To Respond
Under state law, we have 45 days to respond to your inquiry and may add an additional 45 days depending on the complexity of your request. Please note, however, that as a general rule we normally respond to requests within 30 days as set forth in our Global Privacy Policy.
Right of Appeal
If we reject your request, you have the right to appeal that denial by notifying us that you disagree with our decision by email at dpo@blueoptima.com.
If you choose to appeal, please explain why you believe you are entitled to receive the information requested despite our denial. We will respond to any appeal within 45 days.
Right to Complain to Attorney General
If we deny any request you made under our Global Privacy Policy or this state Supplemental Privacy Policy, you may file a complaint with your state’s attorney general.
Predictive Assessment Supplemental Privacy Notice
Predictive Assessment is the developer testing capability currently offered by BlueOptima that enables organisations to evaluate the technical capability of software engineers that they already employ or are contemplating hiring in terms of their ability to code in specific software languages.
This Supplemental Privacy Notice (“Notice”) sets out how BlueOptima uses and protects your personal information when you access and use the Predictive Assessment software application (“Predictive Assessment”) to the extent BlueOptima is the data controller of your personal information.
1. Data controller and data processor roles
1.1 BlueOptima generally collects personal information on behalf of its customers for purposes of providing exam-related services to those customers specifically for its Predictive Assessment .
1.2 If you are an individual located in the European Economic Area, the United Kingdom or Switzerland (collectively, “Europe”) or other jurisdictions with similar data protection laws, the “data controller” of your personal information is the BlueOptima customer that has asked you to take Predictive Assessment (e.g., your employer or the company you’re applying for a role at)
1.3 Where a BlueOptima customer has asked you to take Predictive Assessment, the BlueOptima customer (i) controls which individuals should take Predictive Assessment and the personal information of those individuals it shares with BlueOptima, and (ii) solely determines the purposes of the processing of the results provided by Predictive Assessment and makes its own decisions based on those results. BlueOptima is a third-party service provider acting on behalf of the BlueOptima customer as a “data processor”. In its role as a data processor, BlueOptima only processes personal information in accordance with the applicable contract with the customer for purposes of providing its exam-related services to its customers. For more detailed privacy information, please reach out to the BlueOptima customer directly. BlueOptima is not responsible for the privacy or data security practices of BlueOptima customers, which may differ from those set forth in this Notice.
1.4 For any personal information that it collects through its websites, BlueOptima is typically the “data controller”. For more information on the personal information we collect from website visitors, please refer above.
2. Collection and use of your personal information
2.1 BlueOptima collects, stores, and uses the following categories of personal information:
2.1.1 Personal information that you provide in the process of registering a user account with BlueOptima’s Predictive Assessment or using Predictive Assessment to take a test or examination, or providing you support in your use of Predictive Assessment. More specifically, when you take a test, you enter certain data into the BlueOptima software including your name, email address, answers, and other assessment content.
2.1.2 Personal information that we collect automatically while administering the tests to ensure examination integrity, which typically includes makes and models of computers used by exam takers, device identification numbers, types and versions of software used by exam takers, and security and software performance-related information, such as keystroke data.
2.2 We use cookies to collect some of the information identified in subsection 2 above during your use of Predictive Assessment. For more information about our use of cookies, please see the “Cookies” section below.
2.3 For more information on the personal information we collect from website visitors (including for example if you subscribe to BlueOptima’s websites’ services and/or marketing communications), please refer to our website Privacy Policy https://www.blueoptima.com/privacy-policy/.
3. Use and sharing of your personal information
3.1 Your personal information will be used for the purposes specified in this Notice. BlueOptima uses your personal information for the following purposes:
3.1.1 to provide and improve Predictive Assessment and its exam-related services;
3.1.2 to communicate with you and process any inquiries submitted by you in relation to your access and use of Predictive Assessment;
3.1.3 to notify you of any issues affecting Predictive Assessment, and the resolution thereof, including by email;
3.1.4 to comply with statutory and regulatory requirements;
3.1.5 to prevent, detect or investigate illegal activities, breaches of any agreements entered into between you and us and threats to the security of Predictive Assessment; and
3.1.6 in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
3.2 We may also process aggregated or deidentified data to help us perform analysis and make improvements.
3.3 BlueOptima does not sell personal information, and except for disclosures reasonably necessary for the purposes identified above and as set forth below, BlueOptima will not otherwise disclose personal information to third parties. BlueOptima may disclose personal information:
3.3.1with our group companies helping us to provide our services and for the other purposes described in this Notice;
3.3.2 to the extent required or permitted by law such as sharing with law enforcement where requested pursuant to an investigation;
3.3.3 in connection with any legal proceedings or prospective legal proceedings;
3.3.4 in order to establish or exercise BlueOptima’s legal rights or defend against claims;
3.3.5 in connection with a sale, merger, acquisition, or other transaction affecting the associated business; and
3.3.6 to third party service providers and partners, such as consultants helping us provide technical or customer support, but only to the extent such service providers and partners require such personal information to provide such services to BlueOptima and its users and customers.
3.4 Additionally, we may share anonymous data on an aggregate basis in the normal course of operating our business. For example, we may share information publicly to show trends in the use of Predictive Assessment.
4. Use of cookies
4.1 We use cookies to collect the information identified in section 2.2 above during your use of Predictive Assessment. This can include using a “cookie,” a text file sent by a Web server to a Web browser, and stored by the browser for record keeping purposes.
4.2 You can choose to accept or decline cookies by modifying your browser settings to accept or reject cookies. If you choose to decline cookies, this may prevent you from taking full advantage of the Predictive Assessment’s features. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences or visit http://www.allaboutcookies.org for more information.
4.3 Predictive Assessment does not currently take any action in response to “do not track” signals submitted by some browsers.
5. Choices and Rights
5.1 Depending on your location and the data protection laws that apply to you, you may have certain rights regarding personal information that BlueOptima processes about you.
5.2 For European residents. If you are located in Europe, the following rights will apply to you.
- If our processing is based on your consent, you have the right to withdraw consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- In some cases, you may be able to object to the processing of our data or restrict its use, for example, if your data is wrongfully withheld or we no longer have a legitimate interest in processing the data. You may be able to request that we delete or erase some of your data, such as when it is no longer needed for exam administration, or request portability of your data.
- You also have the right to complain to a data protection authority about our collection and use of your personal information. Contact details for data protection authorities in the EEA and UK are available here.
6. Security of your personal information
BlueOptima takes reasonable precautions to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration, and destruction. No method of transmission over the Internet, or method of electronic storage is 100% secure, however. Therefore, BlueOptima cannot guarantee its absolute security.
7. Legal bases for processing of your personal information
7.1 If you reside in Europe, the legal basis on which BlueOptima processes personal information will depend on the data concerned and the context in which the data is collected. However, BlueOptima normally processes personal information on the following legal bases: (i) performance of BlueOptima’s contractual obligations to which you are a party, (ii) your consent; (iii) BlueOptima’s legitimate interest; and (iv) to comply with a legal obligation to which BlueOptima is subject. If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate Predictive Assessment and communicate with you as necessary to provide our services to you and for our legitimate commercial interest, for instance, when improving our services.
Glossary
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
THIRD PARTIES
Internal Third Parties
Other companies in the BlueOptima Group who provide IT and system administration services and undertake leadership reporting.
External Third Parties
- Service providers acting as processors based who provide IT, cloud hosting and system administration services.
- Professional advisers including lawyers, auditors and insurers who provide consultancy, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data without good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have to override legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Our EU and UK Representative: As we do not have an establishment in the European Union (“EU”) or the UK, we have appointed SME Comply Ltd as our EU representative in Ireland. If you wish to raise any issues relating to our processing of your data and/or this Privacy Policy or Cookie Policy more generally, please email our EU representative at eurep@smecomply.com and/or info@smecomply.co.uk or by calling +44 (0)772 556 7465.