Version Date: October 2018
- We will not collect your Personal Information without your knowledge
- We will take reasonable measures to protect the security of your Personal Information
- You will be able to view the Personal Information that we have about you, and to correct or modify it if it is inaccurate or incomplete.
- Links to External Sites
- What Personal Information We Collect and How
- To Whom We Disclose Personal Information
- Cookies and Other Technologies
- How We Retain Personal Information
- How We Protect Personal Information
- Data Accuracy
- Your Rights
- Privacy Shield
- Complaints and Disputes
- Contact Us
“ Assessment ”
means an instrument, questionnaire, or series of tests that are completed by one or more Respondents (i) for the preparation of one or more Reports; or (ii) to provide information about a Respondent to us and to our Customers.
“ Customer ”
means an individual, business, or other entity that purchases our Products or Services, including, without limitation: (a) educational institutions; and (b) other entities with which we have a contractual relationship to provide Products or Services.
“ Personal Information ”
means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred from the information. This includes, for example, name, email address, mailing address, telephone number, billing information, account information, and other information incidental to providing or receiving Products or Services or which you may choose to provide to us. It also includes other information, such as IP address, device information, or other Session Data that can reasonably be linked to a specific individual, computer, or other device.
“ Products or Services ”
means the products or services promoted, sold, or available for sale on the Site, such as the VitaNavis platform and Assessments.
“ Respondent ”
means an individual who takes, will take, or has taken an Assessment.
“ Session Data ”
means, as applicable, usage information, such as IP address, unique identifier of an individual’s mobile device, the type of browser, type of operating system, referring URL, date, time and duration of a visitor’s visit, the number of visits to a Site, the pages viewed, order of pages viewed, time spent on a particular page, the number of cookies accumulated, bytes sent, bytes received, protocol version, user agent, method, URI stem, URI query, or MAC address.
“ Site ”
means any websites that we may develop or have developed from time to time and includes, without limitation: www.vitanavis.com.
If you reside in a country or territory that restricts the transfer of Personal Information out of that country or territory, you agree to the transfer, storage, and processing of your Personal Information to countries that may not have data protection laws that provide the same level of protection as those that exist in your country of residence.
No children under 13
- Children under 13 are not permitted to use the Site without their parents’ or guardians’ consent. Should a child whom we know to be under 13 send Personal Information directly to us, we will use that information only to respond directly to that child to inform him/her that we must have parental consent before receiving his/her Personal Information.
If we become aware that a child under 13 has provided us with Personal Information without the consent of the child’s parent or guardian, we will automatically remove such Personal Information from our files. If the parent or guardian of a minor becomes aware that his/her child has provided us with Personal Information without his/her consent, he/she should contact as indicated in the How to Contact Us section.
Links to External Sites
What Personal Information We Collect and How
We collect only such Personal Information as necessary to provide our Products or Services to you, inform you about our Products and Services, continue our research in the field, and improve our Site, Products or Services, and your experience interacting with us. In some cases, we ask questions to which the response is optional, and these questions are identified as such. You are free not to respond to these optional questions. We describe below the different ways in which we collect or obtain Personal Information.
If you visit the Site --
If you visit the Site, we automatically collect the related Session Data. Session Data is provided to us by your browser and through our log files, which record your activities while browsing our Site, such as when you click on a link. We may record some of this data in one or several cookies that we send to your browser.
If you register or create an account --
If you register or create an account, we require that you fill out a form to register as a Respondent . We collect your name, contact information, and other information, and may ask you for other optional information that helps us serve you better.
If you complete an Assessment --
If a Respondent completes an Assessment, we collect the Respondent’s name, email address, contact information, item responses, Session Data, unique identifier and other information you may choose to provide or associate with your account.
If you participate in a survey --
If you choose to participate in one of our surveys, we may collect Personal Information such as your name, email address (to avoid duplicate responses), as well as any other Personal Information that you may provide in your survey responses.
If you sign up to receive marketing communications --
If you sign up to receive our marketing communications, we may collect information on the open rate of the newsletter, and whether a specific individual has clicked on a link contained in a particular issue of our newsletter.
If you are a Customer or other business contact --
If you are a Customer or other business contact, or if you are an employee or agent of a Customer or business contact, we may collect your email address, telephone, contact information, and correspondence in the regular course of our interaction with you.
If you interact with third parties regarding our Products or Services --
We may receive Personal Information about you from third parties, such as from Customers, websites where we advertise, business partners, and service providers. Some of this information pertains to a specific individual; other information can only be linked to an access point or a device.
How We Use Personal Information
We use Personal Information in order to provide and enhance the Products or Services that we offer as explained below:
To facilitate the use of the Site --
We use Session Data to ease navigation throughout the Site, to enhance navigation, keep track of login name and password in order to avoid requesting identity information when the visitor moves from page to page, and in general to enhance the quality of our Site and the content provided on the Site.
In connection with Assessments --
We use the responses to an Assessment to score the Assessment and to generate other data related to the Respondent. We sometimes combine data from multiple Respondents. We may also combine Respondent data with our general research data, or compare or associate Respondent data with other Respondent data. Certain subsets of this data are made available to our Customers, but your Personal Information is only shared with our Customers if (i) you have elected to do so using the features made available on the Site; (ii) you enroll as a student at an educational institution who is a Customer; or (iii) you complete an Assessment that has been sponsored by a Customer.
For research purposes --
e may use aggregated Session Data to better understand how our Site is navigated, how many visitors arrive at specific pages, which pages or content attract more viewers, the length and frequency of stays at our Site, the different types of searches of our Site content and databases, the types of browsers and computer operating systems that our visitors use, and the IP addresses from which visitors connect to our Site, in order to improve our Site and enhance our content.
We may use IP addresses to gather broad demographic information—information that is not associated with any individual, and is therefore anonymous.
For maintenance purposes --
We may use IP addresses and Session Data to diagnose problems with our server, and to administer our Site.
For marketing purposes --
We may use email addresses or other contact information to send mailings, newsletters, and other marketing collateral regarding product information and releases. We may use your telephone number to contact you for marketing purposes. We may use pixel tags to monitor the open rate of our communications. This helps us understand the effectiveness of the communications that we send.
For survey analysis --
The information that we collect through our surveys is not used other than to garner survey results and statistical analysis. Such data are used in aggregate form only.
To Whom We Disclose Personal Information
From time to time, we may disclose Personal Information to someone other than the individual who provided the information as follows:
We provide our Customers with both anonymized and personally-identifiable data. However, your Personal Information will only be shared with a Customer if you have elected to do so using the features made available on the Site.
Service providers --
We may engage certain third parties to perform functions and provide services to us, including, without limitation, customer relationship management, contract management, order fulfillment, mass mailing, hosting and maintenance, database storage and management, business analytics, and direct marketing campaign service providers.
To defend or enforce our rights --
Mergers & Acquisition; Bankruptcy --
Law Enforcement; Litigation --
Certain federal, state, local, or other government regulations may require that we disclose information that we hold. In such cases, we will use reasonable efforts to disclose only the Personal Information required under applicable law, such as in response to a facially valid court order, warrant or subpoena issued or made by a court, person or body. We may use or disclose Personal Information (a) if we believe in good faith that a law, regulation, rule or guideline requires it; or (b) to a person who needs the information because of an emergency that threatens the life, health or security of an identified group or person.
Aggregated data --
Other than as stated above, if we provide a third-party with Personal Information, it will be in the form of aggregated data and used for product development, research, or statistical analysis. Aggregated data are created from records that are stripped of all personal identifiers, such as a combination of thousands of answers to survey questions and instrument responses, or on-site behavior.
Cookies and Other Technologies
A cookie is a small text file that a website sends to a visitor’s browser and that sends back information each time the visitor makes a request from the website. A cookie contains a unique identification number that identifies the visitor’s browser, but not necessarily the visitor. Cookies can be accepted, rejected, or identified by configuring a browser’s preferences or settings. Pixel tags or clear gifs are tiny graphics with a unique identifier that are embedded invisibly on a webpage and are used to track a visitor’s movements on a website. We do not tie the information gathered by clear gifs to Personal Information. You can learn more about cookies by visiting http://www.allaboutcookies.org or http://www.networkadvertising.org .
Cookies and pixel tags are used to help recognize a returning visitor, and to help customize the visitor’s online experience. Unless a visitor specifically informs us of his/her identity (e.g., by registering with us), we will not know who the individual visitor is.
- to collect Session Data;
- to store and hash usernames and passwords so that users do not have to re-enter this information each time they log in; and
- to collect analytics relating to visitors’ use of the Site.
How We Retain Personal Information
We retain your Personal Information for as long as your account remains active. Thereafter, we may retain scored item responses and other data in non-personally-identifiable format for as long as the information is needed for our research, statistical analysis, product development, or other commercial purposes.
How We Protect Personal Information
We follow generally accepted industry standards to protect Personal Information, during transmission and once we receive it. We use administrative, physical, and technical measures designed to protect it from any unauthorized access, loss, misuse, disclosure, alteration, or destruction.
When we need to transfer information out of our firewall, we use industry-standard technological means to protect Personal Information while in transit through the Internet. We use encryption and a comprehensive authentication protocol to provide reasonable security.
No method of transmission over the Internet, or method of electronic storage, is fully secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Identity Theft --
Identity theft and the practice currently known as “phishing” are of great concern to us. For more information about protecting yourself from these practices, you may want to visit http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt127.shtm. Please understand that you also have a responsibility in protecting your information.
We exercise reasonable efforts to keep your Personal Information accurate. However, we need your help in making sure that your Personal Information is correct in our systems. Please notify us of changes to information that you have previously provided by contacting us as indicated in the “Contact Us” section.
Right of access, modification --
If you wish to have access to your Personal Information, or to correct or update the Personal Information that you have provided to us, please contact us with proof of identity, as provided in the “Contact Us” section. You can expect a response to your request within 30 days.
Right of deletion --
If you wish to cancel your account or request that we no longer use your information to provide you services, please contact us with proof of identity, as set forth in the “Contact Us” section. We will accommodate your request to the extent practicable, and to the extent that it does not otherwise conflict any of our other obligations. We reserve the right to retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Right to opt-out of marketing communications --
If you are receiving marketing communications from us and you wish to unsubscribe, you may do so by clicking on the “unsubscribe” link provided in the communication.
Right to block cookies --
You have the right to block cookies and pixel tags. Most browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies, or prompt you before accepting a cookie from the Site that you visit. If you decide not to accept our cookies, you will be able to access those parts of our Site that are available to the general public, but you may not be able to access portions of our Products or Services.
California Privacy Rights --
TMBC has established procedures for periodically verifying implementation of and compliance with the Privacy Shield Privacy Principles. TMBC conducts an annual self-assessment of its Personal Information practices to verify that the attestations and assertions that it makes about its privacy practices are true and that its privacy practices have been implemented as represented.
In the context of an onward transfer, a Privacy Shield organization has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. The Privacy Shield organization shall remain liable under the principles of the Privacy Shield if its agent processes such personal information in a manner inconsistent with the Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, TMBC commits to resolve complaints about our collection or use of your personal information. E.U. and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact TMBC at the information provided in the ‘Contact Us ’ section below.
TMBC has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS for more information or to file a complaint. The services of JAMS are provided to you at no cost.
TMBC commits to cooperating with E.U. data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the E.U. and Switzerland in the context of the employment relationship.
Under certain conditions, EU Citizens may invoke binding arbitration by a Privacy Shield panel, as outlined in Annex I of the Privacy Shield Framework. More information is available at https://www.privacyshield.gov.
Complaints and Disputes
If our efforts to resolve your complaint through our internal dispute resolution mechanisms are unsatisfactory, you agree to first attempt to settle in good faith the dispute through mediation administered by JAMS, under its International Mediation Rules, which are accessible on the JAMS website at http://www.jamsadr.com/international-mediation-rules/. The mediator may propose any appropriate remedy, such as publicity for findings of non-compliance, payment of compensation for losses incurred as a result of non-compliance, or cessation of processing of the Personal Information who has brought the complaint. The mediation will be held online and all documents and other correspondence will be transmitted through email.
If our efforts to resolve the dispute through mediation are unsuccessful, you agree to binding arbitration administered by JAMS pursuant to its International Arbitration Rules, which are accessible on the JAMS website at http://www.jamsadr.com/international-arbitration-rules/. Judgment on the award rendered by the arbitrator may be entered into any court having jurisdiction over the matter. The arbitration will be held online and all documents and other correspondence will be transmitted through email.
By email: firstname.lastname@example.org
By phone: 800-624-1765 (toll-free when calling from the United States)
By mail: The Myers-Briggs Company
185 N. Wolfe Road
Sunnyvale, CA 94086
United States of America