Date Updated: 24 January 2020
2. Who We Are?
goFLUENT Group SA (Route de Pré-Bois 20, 1215 Geneva, Switzerland) is the entity that primarily controls the Company’s website and acts as “Data Controller” as defined in the General Data Protection Regulation (“GDPR”).
2.1 Data Controller and Data Protection Principles
As Data Controller, goFLUENT is committed to processing data in accordance with its responsibilities under the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
Article 5 of the GDPR requires that Personal Data shall be:
b. collected for specified, explicit and legitimate purposes and not further processed in a manner that is not compatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
c. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that Personal Data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
e. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the Personal Data are processed; Personal Data may be stored for longer periods insofar as the Personal Data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject;
f. processed in a manner that ensures appropriate security of the Personal Data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
3. What Personal Data do We collect?
3.1. Personal Data
3.2. Sensitive Information
We ask that you not send us or disclose any sensitive Personal Data (e.g., social security numbers, information related to racial or ethnic origin, sexual orientation, political opinions, religion or other beliefs, health, genetic, or biometric data, criminal background, or trade union membership).
3.3. Requirements to Protect Children's Privacy
We do not intend for our websites or online services to be used by anyone under the age of 16. If you are younger than 16, you may not register with or use this website. If you are a parent or guardian and believe we may have collected information about a child, please contact at email@example.com.
4. How do We collect your Personal Data?
We collect Personal Data from and about you in various ways, including:
4.1. Direct interaction through this website: you may share with us some of your Personal Data by filling in forms or by communicating with us by email, phone, website chat or by post, e.g., when you request a free trial or demo, inquire about our products or services, register for a webinar or an offline event, download marketing content, contact us, apply for a job opening or give us some feedback;
4.2. Offline events: we collect information from you when you attend any of the events organized by goFLUENT or where goFLUENT is a participant;
4.3. Cookies and other automated technologies: as you interact with our website, we may automatically collect certain information through your browser or through your device, e.g., your IP address. We collect this Personal Data by using cookies, server logs and other similar technologies;
4.4. Through third parties: we may receive data about you from third party services based on your online activity and actions linked to our website. Please note that goFLUENT is not responsible for the collection, use and disclosure policies of other companies. Please click the following links for more information on how third party services collect and use your data: Marketo, Google Analytics, SnapEngage.
5. How do We use and process your Personal Data?
5.1. To communicate and respond to your queries
goFLUENT use and process the Personal Data you provide to us to communicate and respond to your concerns and queries when you send us an email or contact through our website to inquire about products and services, apply for a job opening, and to acknowledge your feedback. This may also include conversation data that you may trigger via the goFLUENT web presences, contact forms, emails, or telephone.
5.2. To provide the requested services
When you requested services from goFLUENT, we will use the Personal Data that you provide to us or entered to our registration form to process and to provide the requested services from us, such as access to our eLearning solution. This may include necessary steps prior to entering into the contract, creating your user profile for our eLearning portal, providing your billing information, customizing the training path, and providing responses to your feedback for your experience or concerns for our services.
5.3. To process your job application
goFLUENT use and process the Personal Data you provide to process your application to the job opening you have applied for. This may also include conversation data that you may trigger through screenings via video calling, phone and personal interviews, and company application forms.
5.4 To send you updates and news to market our products and services
Subject to a respective provision and your consent, goFLUENT may use the Personal Data that you provided in order to keep you updated on the latest product announcements, software updates and upgrades, special offers, and other information about goFLUENT’s software and services (including marketing-related newsletters) as well as events of goFLUENT.
5.5. Ensuring compliance
You acknowledge that any information required to track your choices regarding the processing or use of your Personal Data or receipt of marketing materials (that is to say, depending on the country in which the relevant goFLUENT Group company operates, whether you have expressly consented to or opted out of receiving marketing materials) may be stored and exchanged between members of the goFLUENT Group as required to ensure compliance.
5.6. goFLUENT’s legitimate interest
Each of the use cases below constitutes a legitimate business interest of goFLUENT to process or use your Personal Data. If you do not agree with this approach, you may object against goFLUENT’s processing or use of your Personal Data as set out below.5.6.1. Questionnaires and surveys. goFLUENT may invite you to participate in questionnaires and surveys. These questionnaires and surveys will be generally designed in a way that they can be answered without any Personal Data. If you nonetheless enter Personal Data in a questionnaire or survey, goFLUENT may use such Personal Data to improve its products and services.
5.6.2. Recording of calls and chats for quality improvement purposes. In case of telephone calls or chat sessions, goFLUENT may record such calls (after informing you accordingly during that call and before the recording starts) or chat sessions in order to improve the quality of goFLUENT’s services.
Revocation of Consent granted hereunder.
goFLUENT collect and use your Personal Data for processing based on legal basis and through the grant of your consent for our legitimate business interests. You may at any time withdraw a consent granted hereunder by sending an email to firstname.lastname@example.org. In case of withdrawal, goFLUENT will not process Personal Data subject to this consent any longer unless legally required to do so. In case goFLUENT is required to retain your Personal Data for legal reasons your Personal Data will be restricted from further processing and only retained for the term required by law. However, any withdrawal has no effect on past processing of personal data by goFLUENT up to the point in time of your withdrawal. Furthermore, if your use of a goFLUENT offering requires your prior consent, goFLUENT will not be (any longer) able to provide the relevant service, offer or event to you after your revocation.
6. Where do We process and transfer your Personal Data?
goFLUENT’s servers that are processing Personal Data are located in the European Economic Area (the “EEA”).
7. How do We share your Personal Data?
8. How do We handle your Personal Data globally?
goFLUENT processes and shares Personal Data within its subsidiaries to operate globally as mentioned in Section 7 above. goFLUENT ensures to transfer data with the security measures, as mentioned in Section 6 above and Section 9.1 below, complying with the terms and conditions set in the Standard Contractual Clauses.
You may visit https://www.privacyshield.gov to know more about the Privacy Shield Frameworks and to view in the Privacy Shield List our certification and other entities that comply with its Principles.
We also acknowledge our liabilities of onward transfers to third parties, subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC) or any other U.S. authorized statutory body. Under the Privacy Shield Frameworks, goFLUENT may also be required to disclose your Personal Information in response to lawful requests by public authorities, including to meet national security and law enforcement requirements.
In addition to Section 14 below, goFLUENT has a designated independent dispute resolution body, EU Data Protection Authorities (DPAs) for EU/EEA and Swiss Federal Data Protection and Information Commissioner (FDPIC) for Switzerland, to address complaints at no cost and provide appropriate recourse if you think there are any breaches that occurred with regards to your Personal Data. If under certain conditions, your complaint will not be resolved through the above resolution bodies, you may invoke binding arbitration as specified under the Principles of Privacy Shield.
You may also direct any concerns and request to us at email@example.com.
9. How do We secure and store your Personal Data?
9.1. Data Security
goFLUENT has implemented appropriate organizational, technical and administrative measures to protect Personal Data within our organization. These measures include information security tools to prevent unauthorized access to our systems. While we take reasonable steps to secure your Personal Data from loss, misuse, interference and unauthorized access, modification and disclosure, you should be aware that no security procedures or protocols are ever guaranteed to be 100% secure from intrusion or hacking. Therefore there is always some risk related to Personal Data management. If you feel that the security of your Person Data processed by goFLUENT has been compromised, please notify us immediately at firstname.lastname@example.org.
9.2. Data Retention
Where goFLUENT is processing and using your Personal Data as permitted by law or under your consent, goFLUENT will store your Personal Data (i) only for as long as is required to fulfil the purposes set out below or (ii) until you object to goFLUENT’s use of your Personal Data (where goFLUENT has a legitimate interest in using your Personal Data), or (iii) until you withdraw your consent (where you consented to goFLUENT using your Personal Data). However, where goFLUENT is required by mandatory law to retain your Personal Data longer or where your Personal Data is required for goFLUENT to assert or defend against legal claims, goFLUENT will retain your Personal Data until the end of the relevant retention period or until the claims in question have been settled.
10. Your Individual Rights
10.1. Right to be Informed, Right to Access Information, and Right to Erasure
You can request from goFLUENT at any time information about which Personal Data goFLUENT processes about you, to review, update or delete such Personal Data. You also have rights to request about the purposes for which we process your Personal Data, about the recipients to whom the Personal Data have been and will be disclosed, for how long we expect to store your data and the source from which we collected your data. Please note, however, that goFLUENT can delete your Personal Data only if there is no statutory obligation or prevailing right of goFLUENT to retain it. Kindly note that if you request that goFLUENT delete your Personal Data, you will not be able to continue to use any goFLUENT service that requires goFLUENT’s use of your Personal Data.
If goFLUENT uses your Personal Data based on your consent or to perform a contract with you, you may submit your written request from your email address, which you previously received any communication from goFLUENT to. Please contact the email address below and specify the information or processing activities to which your request relates to and the format in which you would like this information. We will respond to your request within thirty (30) days.
10.2. Right to Rectification
If you receive goFLUENT services, you can review and update your Personal Data yourself by accessing your individual online account via portal.gofluent.com.
10.3. Right to Restrictions
You can request from goFLUENT to restricts your Personal Data from any further processing in any of the following events:
1. you state that the Personal Data goFLUENT has about you is incorrect, (but only for as long as goFLUENT requires to check the accuracy of the relevant Personal Data),
2. there is no legal basis for goFLUENT processing your Personal Data and you demand that goFLUENT restricts your Personal Data from further processing,
3. goFLUENT no longer requires your Personal Data but you claim that you require goFLUENT to retain such data in order to claim or exercise legal rights or to defend against third-party claims or
4. in case you object to the processing of your Personal Data by goFLUENT (based on goFLUENT’s legitimate interest as further set out in Section 5 above) for as long as it is required to review as to whether goFLUENT has a prevailing interest or legal obligation in processing your Personal Data.
10.4. Right to Lodge a Complaint
If you believe that goFLUENT is not processing your Personal Data in accordance with the requirements set out herein or applicable EEA data protection laws, you can at any time lodge a complaint with the data protection authority of the EEA country in which you live or with the data protection authority of the country or state in which goFLUENT has its registered seat.
10.5. Right in relation to Automated Decision Making
We respect your legal rights not to be subject to decisions that are based solely on automated processing of your Personal Data, including profiling, especially where such processing has legal or other significant effects on you. In delivering services to you, we generally do not use any automated decision making pursuant to the GDPR.
10.6. Right to Object
Please direct any such request to email@example.com.
11. Links to other websites
This website may contain links to foreign (meaning non-goFLUENT Group companies) websites. goFLUENT is not responsible for the privacy practices or the content of websites outside the goFLUENT Group of companies. Therefore, we recommend that you carefully read the privacy statements of such foreign sites.
12.1. What are Cookies?
12.2. What Cookies do we use?
12.3. Do Not Track Preference
“Do Not Track” setting is set off by default by your browser. However, your browser may allow you to set a “Do Not Track” preference and you may also elect not to accept cookies by changing the designated settings on your web browser. You may refer to the link below to change the settings depending on the browser you are using:firstname.lastname@example.org.
14. Security Measures and Handling Data Breaches
To ensure your Personal Data is protected and secure with us, goFLUENT has established internal framework which includes audit and procedures on how we handle and address your concerns regarding data protection and data breaches. If you think there is any data breaches has occurred with regards to your Personal Data that is connected with our services, please do contact us immediately and send us the details at email@example.com.
15. How to contact Us?
You may send us your concerns and questions in the details provided below:
|Full name of legal entity:||goFLUENT Group SA|
|Name of DPO:||Evgeny Boychuk|
|Postal address:||Route de Pré-Bois 20 1215 Geneva, Switzerland|