Privacy Policy

ACHIEVERS PLATFORM PRIVACY POLICY

PURPOSE

Achievers Corp. (together with the companies owned by and in common ownership with Achievers Corp, “Achievers”) is committed to protecting the privacy of users who use the Achievers services platform (the “Platform”).

SCOPE

Achievers has developed data practices that comply with applicable privacy laws and is designed to appropriately protect the Information of the employer and user. This privacy policy describes how Achievers collects, protects, uses, and discloses personal information that it receives. All employer and user information collected through the Platform is governed by this policy.

NOTICE

"Personal Information" is personally identifiable information such as your name, address, date of birth, phone number and e-mail address and includes information about your business, service and recorded complaints.

Personal information is collected by Achievers when shared by your employer or when you specifically and knowingly choose to provide it to us, such as when you ask to receive program information, redeem points for products on the Platform, otherwise place Personal Information on the Platform, or otherwise provide Achievers with Personal Information. Achievers will require information about you that is essential for the service offering to function according to its design and will only be requested from your employer or yourself.

Achievers collects and uses your Personal Information primarily for the purpose of providing you with the information, products or services you have requested from us, and operating our Platform in accordance with its Terms of Use and our agreement with your employer. For example, we may use your Personal Information to process a product redemption you have chosen to make and ship the product to you.

Achievers products, services and sites are provided to employers and their employees and are not directed towards children or the general public. We do not knowingly collect any information from children.

Using our secured accessed platform

Once you are a registered user of our Platform, we create a user profile for you. Each time you use our Platform we collect your unique login ID and information about the transactions or requests that you complete.

We use your profile to respond to your inquires and actions performed by you on our Platform. We use your unique login ID to identify you as a user of the service. We use specific transaction information for servicing purposes. We use the transaction information in the aggregate to assess and improve the service.

Use of cookies on the platform

Achievers uses a browser feature called a “cookie” to allow users to interact with the Platform. A cookie is a small text file that is placed on your hard disk by a website. Cookies contain a unique session identification number, the IP address of the request origin, and the last access time. Cookies are encrypted to ensure that they cannot be viewed by an unauthorized individual. Achievers does not collect any Personal Information about you through cookies nor can a cookie carry a damaging payload (such as malware).

There are two types of cookies in use with Achievers Platform which include:

  • Session based cookies – Only used for the length of time you remain on the Platform and expire when you leave the Platform or log out.
  • Persistent based cookies – Are more permanent in nature and can re-used when you return to the Platform from the same computer.

The use of cookies is an industry standard and many major browsers are initially set up to accept them. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you will not be able to use some of the features available on the Platform.

“Do not track” browser setting

Achievers does not track Personal Information (PI) of users on the Platform over time, across third party web sites or online services. Achievers also does not authorize or enable any third party to collect Platform usage Personal Information through any advertising technology. Therefore, Achievers Platform does not respond to web browser “do not track” (DNT) settings or headers.

Email

When you send us an e-mail or when you ask us to respond to you by e-mail, we collect your exact e-mail address and any information you have included in the e-mail message.

We use your e-mail address to acknowledge your comments and/or reply to your questions, and we will store your communication and our reply in case we correspond further. We may use your e-mail address to send you information about offers on products or special promotions that we believe may be of interest to you. If you don’t want us to contact you by e-mail with offers on products and special promotions, you may tell us by selecting the unsubscribe option at the bottom of the communication or by contacting the Privacy Office.

Achievers uses images imbedded in e-mail messages called “web beacons”. Web beacons are clear images that allow Achievers to determine if a message has been opened. It also allows Achievers to determine the IP address of the user that opened it and to access any Achievers cookies. We may use this information in the aggregate to assess and improve our email messages.

Email web beacons can be disabled by turning off HTML display and displaying text only or by turning off image display while still using HTML within your email client.

Remember that e-mail sent over the Internet is generally unencrypted and transmitted in clear text. We recommend that you use caution when forwarding free-format e-mail messages to us and that you do not include confidential information (such as unique user IDs, passwords or personally identifiable information) in those messages. Confidential information should be transmitted to us through other secure methods as defined by Achievers.

CHOICE

Your Personal Information may be used to communicate your interaction with our Platform and service offerings and to provide you with information related to Achievers products and services. Your Personal Information may also be used to send you materials about our products, services and promotions.

In the event you enter a contest or other promotion offered by Achievers, your Personal Information will be used to administer the promotion, including the use of your name and selected other information for the purposes of contacting, announcing and promoting the winners of such contest or promotion. We may also use your Personal Information to respond to your questions or inquiries, improve our Platform and/or service offerings, to carry out other purposes that are disclosed to you and to which you consent, or to carry out any other purpose permitted or required by applicable law.

Achievers will seek your consent, as required by applicable privacy legislation, prior to the collection, use and disclosure of your Personal Information. Subject to legal and contractual requirements, you can refuse to consent to our collection. However, this may impair your ability to use the Platform and/or participate in any service offerings. Subject to legal and contractual requirements, you may also withdraw your consent to further collection, use or disclosure of Personal Information about you at any time by giving us reasonable notice. If our intended disclosures or uses of information change, Achievers will notify you accordingly.

Your Personal Information will not be used for any other purpose without your consent other than to provide the agreed upon services as agreed upon by your employer.

Achievers products, services and sites are provided to employers and their employees and are not directed towards children or the general public. We do not knowingly collect any information from children.

ACCOUNTABILITY FOR ONWARD TRANSFER

Service Providers: To ensure that we efficiently provide the information, products or services you have requested from us, Achievers may share your Personal Information with selected third parties who are acting on our behalf as service providers to assist us in carrying out the purposes identified in this policy. For example, we may work with fulfillment partners spanning multiple international jurisdictions who are responsible for the delivery of product redemptions. Such third party service providers are provided with the information you enter upon the completion of your redemption, which may include your physical mailing address, email and name. Information provided to third parties may be used only for the purpose stipulated and is subject to strict terms of confidentiality. Achievers represents that any third party for which Personal Information may be disclosed by Achievers subscribes to The Personal Information Protection and Electronic Documents Act (PIPEDA) and/or the principles in Privacy Shield, and/or U.S.-Swiss Safe Harbor Framework or are subject to applicable laws providing the same level of privacy protection.

If you live in the European Economic Area (“EEA”), the data that we collect from you may be transferred to and stored at a location outside the EEA. It may also be processed by staff operating outside the EEA who work for Achievers or for one of our service providers. Among other things, such staff may process and store your information and provide support services.

Employers: Achievers offers users access to its Platform as an employee recognition and rewards program pursuant to an agreement with your employer, which governs the features and services you are able to access on the Platform. Please note that your employer and their designated administrator(s) may be able to access all information you provide to the platform, including information you post or send through it, and information regarding any transactions or redemptions you make on the Platform. Achievers cannot control, and is not responsible for how your employer may use such information. For more information on how your employer may collect, use or disclose information, contact your employer.

Without limiting the foregoing, Achievers may use and provide your employer with Personal Information regarding you, and including without limitation regarding any transactions or redemptions you make for the following purposes: i) for the purpose of calculating, deducting and or paying income tax in respect taxable benefits in accordance with your employer’s policies and the applicable law (depending on your employer’s policies and applicable law, this may impact your taxable income); ii) for any purpose which is disclosed to you and to which you consent; iii) for any other purpose indicated in this Privacy Policy; and/or iv) for any other purpose permitted or required under applicable law.

Public Areas: Please note that some areas of our Platform may allow you to upload or publish your own content to an area of the Platform that may be viewed by all other users of your employer’s use of the Platform, including your colleagues (“Posting”) or external to Achievers Platform (e.g., social media). Such Postings may be associated with your name and any Personal Information that you choose to include in such Posting. Achievers cannot control, and is not responsible for how any third parties, including your colleagues and/or employer may use such information. If you choose to include Personal Information in a Posting you post on the Platform, you consent to the disclosure of the Personal Information you choose to post in this manner. If you do not wish to publish your Personal Information in this manner, please do not include it in a Posting you post to any area of the Platform that may be viewed by other users. You may not include the Personal Information of any other individual in your Postings unless you have their consent.

Other Disclosures: Achievers reserve the right to transfer any Personal Information Achievers have about you in the event that we merge with or are acquired by a third party or should any such transaction be proposed. Achievers may also use, or disclose your Personal Information to third parties, if Achievers has reason to believe that using or disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) identify, contact, or bring legal action against someone who may be violating an agreement they have with us; (iii) investigate security breaches or cooperate with government authorities pursuant to a legal matter; or (iv) to protect our rights, safety or property, and/or the rights, safety, and property of our clients, users of our platform, and any other persons. Lastly, we may disclose your Personal Information for any other purpose to which you consent.

SECURITY

Achievers is committed to protecting your privacy. Security measures such as locked cabinets, restricted access to offices and information, the use of passwords and encryption and implementing and complying with the ISO 27001 Information Security standard have been adopted to protect your Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Platform data is stored securely in our data center based out of Canada and/or the United States.

Achievers employees have been trained to respect your privacy and those employees with access to your Personal Information shall use your Personal Information strictly in accordance with the Achievers Privacy Policy and the laws applicable to Achievers business.

DATA INTEGRITY AND PURPOSE LIMITATION

Achievers will try to ensure that information about you is accurate, complete and up-to-date. You will have the ability to review the Personal Information on the Platform. In the event your Personal Information is not accurate, you will have the ability to update your Personal Information through your Platform profile. If we have disclosed inaccurate information about you to a third party, we will be pleased to contact the third party in order to correct the information.

Achievers assumes no responsibility for the content or the privacy policies of third party Websites to which we may provide links or references. Please be aware that when you do follow any links from Platform to another Website not owned or operated by Achievers you are subject to their privacy policies.

Achievers has internal policies in place that govern the retention of both your Personal Information and Employer Information. Your Personal Information will be retained when you are a customer or for a reasonable time thereafter, or as required by relevant statutory, regulatory or contractual requirements. When Achievers is no longer required to retain your Personal Information, we will securely destroy your Personal Information based on our data disposal policies and relevant regulations or return the data to your employer for destruction at their request.

ACCESS

Except in limited circumstances, as specifically provided by applicable privacy legislation, Achievers has the ability to identify whether we are storing your Personal Information. You will have the ability to access to your Personal Information and review your transactions within the Platform while your profile is active on the Platform.

Achievers will only refuse access to information about you in those circumstances permitted or required by applicable privacy legislation. If Achievers refuses access to you, it will provide you with the reasons for its refusal upon request. Exceptions may include information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege. Achievers will respond to your requests for access in accordance with applicable privacy legislation.

ENFORCEMENT

Achievers will conduct periodic assessments to validate its continued adherence to this Privacy Policy.

Where Achievers has knowledge that one of Achievers employees or Service Providers is using or disclosing Personal Information in a manner contrary to this Policy, Achievers will take reasonable steps to prevent or stop the use or disclosure. Achievers holds its employees and Service Providers accountable for maintaining the trust that employers and users place in our company.

DISPUTE RESOLUTION

Achievers will investigate and attempt to resolve complaints and disputes regarding the use and disclosure of Personal Information in accordance with the principles contained in this Policy. Achievers agrees to cooperate with data protection authorities located in the European Union and Switzerland or authorized representatives for disputes received from the European Union and Switzerland. All other disputes that cannot be resolved between Achievers and the complainant will be handled in accordance with applicable dispute resolution procedures through our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. We strongly encourage you to raise any complaints you may have with regard to this Privacy Policy and/or our activation of this Policy to Achievers prior to proceeding to the arbitration procedure described in this Policy.

EU-U.S PRIVACY SHIELD

Achievers participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Achievers is committed to subjecting all personal Information received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles.  To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. https://www.privacyshield.gov/list

Achievers is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a Service Provider acting as an agent on its behalf. Achievers complies with the Privacy Shield Principles for all onward transfers of Personal Information from the EU, including the onward transfer liability provisions.

With respect to personal Information received or transferred pursuant to the Privacy Shield Framework, Achievers is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Achievers may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.  

U.S. - SWISS SAFE HARBOR FRAMEWORK

Achievers complies with the U.S. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of Personal Information from Switzerland. Achievers has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Achievers certification, please visit https://safeharbor.export.gov/swisslist.aspx.

QUESTIONS OR CONCERNS

If you have any questions or concerns about your Personal Information held by Achievers or about the compliance by Achievers with Achievers Privacy Policy, please contact our Privacy Office or contact your Program Administrator.

By Regular Mail:
Attn: Privacy Office
Achievers
6220 Stoneridge Mall Road
Pleasanton, CA
United States
94588

By Email:
Privacy.Office@Achievers.com

CHANGES TO THIS PRIVACY POLICY

Achievers reserves the right to change this Privacy Policy from time-to-time. Achievers will provide notification of any material changes to this Privacy Policy through the Achievers Platform in the form of a banner, pop-up or other methods of notification.