Challenger Privacy Policy

EFFECTIVE DATE: OCTOBER 24, 2018

Challenger and its Affiliates are committed to protecting your information. Please read this Privacy Notice (this “Notice”) carefully as it sets out important information relating to how we handle your personal information.

CHALLENGER COMPANIES ISSUING THIS NOTICE

In this Notice, references to “we”, “us”, “our” or “Challenger” are references to Challenger Performance Optimization, Inc. “Affiliates” are companies or entities that are controlled by or under common control with Challenger.

HOW TO CONTACT US

Questions, comments and requests regarding this Notice should be addressed through the following means:

Challenger Performance Optimization, Inc.
177 N. Kent Street, Suite 500
Arlington VA 22209
Attn: Chief Financial Officer
USA
Email Address:

INTRODUCTION

This Notice sets out how we will collect and use personal information, and the choices and rights available to you in connection with our use of your personal information.

This Notice describes our practices when using your information when you:

1. Express an interest in or have signed up for our events or products including newsletters, apps, extensions, webinars and e-books;

2. Activate your Challenger user account and/or license;

3. Attend a Challenger event, such as an in-person training, presentation, assessment, or other educational program; or

4. Visit our websites (including our public website and client facing learning management systems) or social media websites.

This Notice also applies to information we collect from you via our survey or diagnostic tools, including but not limited to those used for assessments. You may be shown an additional confidentiality notice before participating in a survey or diagnostic. Please note that in cases where the terms of any such confidentiality notice that is specific to a survey, diagnostic or assessment conflicts with any terms in this Notice, the survey or diagnostic-specific confidentiality terms will take precedence over the terms in this Notice.

This Notice will apply whether you have provided the information directly to us or we have obtained it from a different source, such as a third party.



1. INFORMATION THAT WE COLLECT ABOUT YOU

1.1 Data collection and usage.

Information we collect directly from you or from the following sources:

▸ Third party referrals including from within the Challenger group;

▸  Social media websites and other public internet websites, such as LinkedIn;

▸  Public resources such as telephone directories, newspapers, internet websites, commercially available marketing lists, registries or public records; and

▸  Your employer or affiliate who purchases services from us.

Categories of information we collect about you include:

▸  Personal information such as name and title, contact details, company name, business title and email address;

▸  Communications with you; and

▸  Information you provide when posting content on social media websites.

We use this information for certain activities, including:

▸  Facilitating our business through communication with corporate clients and other business contacts, for example, to communicate about vendor briefings or details of events or webinars;

▸  For internal analysis and research to help us improve our services;

▸  To send marketing to business contacts regarding our services and products which may be of interest and to promote our business and brand;

▸  Administering our website, investigating any complaints and providing customer service; and

▸  Monitoring social media content to manage relations with our clients and promote our business and brand.

We use this information because:

▸  It is necessary for performing our obligations, or exercising our rights, under our contracts with clients;

▸  It is necessary for compliance with any legal or regulatory obligations that we are subject to;

▸  We have a legitimate business interest to:

▸  Manage and promote our business and brand;

▸  Provide and improve our services;

▸  Operate our business; or

▸  We have your consent (where required under applicable law) to use your information for marketing. Where we rely upon your consent, you have the right to withdraw your consent by contacting us at .

Information we collect when you attend one of our events, including training, development and assessment programs.

Categories of information we collect about you include:

▸  Information you provide us when registering your attendance such as name, business email address, profile photograph, job title, professional interests and requested accommodation;

▸  Information provided to us by your employer or an affiliate who purchases services from us;

▸  Geo-location information at the event if you attend an event where we are using RFID-enabled badges and you do not opt-out of using an RFID-enabled badge;

▸  Information collected when we record one of our events;

▸  Information that you provide to us when you participate in classes, training, learning modules and similar programs, including responses to assessments and quizzes; and

▸  Your responses to any surveys regarding our products or services.

We use this information for certain activities, including:

▸  Enabling you to attend our events;

▸  Delivering educational and skill building content to you;

▸  Facilitating the smooth running of events;

▸  Analyzing attendee interests in and interactions with the event through geo-location data (in certain cases);

▸  Marketing our events;

▸  Providing recordings of certain event sessions to interested business contacts, attendees and online through our website or Challenger social media websites; and

▸  Assessing your suitability for a sales-related job, and providing this assessment to an employer or potential employer.

We use this information because:

▸  It is necessary for performing our obligations, or exercising our rights, under our contracts with clients;

▸  We have your consent (where required under applicable law) to use your information for marketing. Where we rely on your consent, you have the right to withdraw consent by contacting us at ;

▸  It is necessary for compliance with any legal or regulatory obligations that we are subject to; or

▸  We have a legitimate business interest to:

▸  Manage and promote our business and brand;

▸  Operate our events business;

▸  Provide and improve our services; or

▸  Collect relevant information for hospitality and health and safety purposes.

Information we collect from users of:

▸  Our website (public and client-facing learning management systems, including but not limited to assessments of individuals’ sales potential and our learning management system);

▸  Our apps; and

▸  Challenger webpages on social media websites such as Facebook or Twitter

Categories of information we collect about you include:

▸  Information you provide to us either on our website or in person, such as when you provide contact details, answer online questionnaires or feedback forms;

▸  Information that you provide in response to surveys regarding our programs, products and services;

▸  Information that you provide to us when you participate in classes, training, learning modules and similar programs, including responses to assessments and quizzes;

▸  Information you provide when you subscribe to email newsletters such as name, email address, job title;

▸  Information your organization provides to set-up your user account on Challenger learning management systems (Challenger Portal) including name, business email address and organization;

▸  Optional information you provide when completing your profile in your account within a Challenger learning management system including location, country, time zone and language preference;

▸  Where you have an account on a Challenger learning management system (Challenger Portal or Effortless Experience Learning Portal) account -- log-in and similar credentials and information about use and preferences for these services;

▸  When you link your Challenger account with your LinkedIn profile, we collect information from your LinkedIn profile, including your profile photograph;

▸  URLs of webpages visited when you are using Challenger Everywhere; and

▸  Information that a Challenger client (such as an employer or potential employer) chooses to collect. This can include categories such as name, address, phone number, email address, racial or ethnic background, gender, age and last four digits of a user’s social security number.

We use this information for certain activities, including:

▸  Enabling you to access your online Challenger accounts across devices;

▸  Delivering educational content to you;

▸  Assessing your suitability for a sales-related job and providing this assessment to an employer or potential employer;

▸  Understanding whether you have learned the material presented at our training and similar programs;

▸  Personalizing the experience of our website, learning management systems and apps;

▸  Administering our website, learning management systems and app;

▸  Enabling peer networking opportunities based on your background and experience;

▸  Providing better, more customized client service;

▸  Investigating any complaints; and

▸  Monitoring social media content to manage relations with our clients and promote our business and brand.

We use this information because:

▸  It is necessary for performing our obligations, or exercising our rights, under our contracts with clients;

▸  It is necessary for compliance with any legal or regulatory obligations that we are subject to;

▸  We have a legitimate business interest to:

▸  Promote our brand and business through our website and through social media tools;

▸  Monitor, investigate and report any attempts to breach the security of our website;

▸  Provide and improve our services including, but not limited to, the Challenger learning management systems and our apps;

▸  Provide our clients and their employees and potential employees with effective training; and

▸  Operate our business; or

▸  We have your consent (where required under applicable law) to use your information for marketing. Where we rely on your consent, you have the right to withdraw consent by contacting us at

Information we collect about the use of our website and apps from users

Categories of information we collect about you include:

▸  Information captured in our web logs such as device information (e.g. device brand and model, screen dimensions), unique identification numbers (e.g. IP address and device ID) and browser information (e.g. URL, browser type, pages visited, date/time of access), geo-location and other device-specific information and Internet connection information;

▸  Advertising information (such as size/type of ad, ad impressions, location/format of ad, data about interactions with ad);

▸  Behavioral information (such as information on the behavior or presumed interests of individuals which are linked to those individuals and may be used to create a user profile); and

▸  Information captured by our cookies.

We use this information for certain activities, including:

▸  Personalizing the experience of our website;

▸  Administering our website;

▸  Performing statistical and trend analysis to improve the user experience and performance of our website;

▸  Providing better, more customized client service; and

▸  Investigating any complaints.

We use this information because:

▸  It is necessary for compliance with any legal or regulatory obligations that we are subject to; and

▸  We have a legitimate business interest to:

▸  Monitor, investigate and report any attempts to breach the security of our websites;

▸  Improve the performance and user experience of our websites; and

▸  Customize the client experience.



1.2 Special Categories of Information.

Certain types of personal information are more sensitive than others. This includes information about health, disability, race, ethnicity, criminal offences (or alleged offences), political opinions, biometric information or religion. It is voluntary for you to disclose this information, but where we collect and receive these types of information about you, we have identified the type of special information, how we will use it and why we will use it.



Information we collect when you attend one of our events

Categories of information we collect about you include:

▸  Dietary requirements that may imply specific religious beliefs or medical conditions; and

▸  Any physical or mental disability or impairment you may disclose to us.

We use this information for certain activities, including:

▸  Providing hospitality that is suitable for attendees of our events.

We use this information because:

▸  You have consented by providing us with the information. Where we rely on your consent, you have the right to withdraw consent by contacting us at .



1.3 Further Information.

Where legitimate interests are mentioned above, a legitimate interest will only apply where we consider that your interests or rights which require protection of your personal information do not override our legitimate interests. If you require further information regarding our legitimate interests as applied to your personal information, you may contact us as noted above.

Our websites and online services are for individuals who are at least 18 years of age.

Our online services are not designed to be used by individuals under the age of 18.

In certain circumstances, if you do not provide personal information which is required (for example, in relation to activating your account on a Challenger learning management system (Challenger Portal or Effortless Experience Learning Portal), we will not be able to perform our obligations under the contract with your employer or may not be able to provide you with products and services. We will make it clear if and when this situation arises and what the consequences of not providing the information will be.



Communication with Colleagues

You may use the send-to-colleague functionality on some of our websites or apps to send your colleagues information from Challenger or its Affiliates. In order to fulfil this request, we will ask you for your and your colleagues’ names and email addresses. We do not retain this data after the email is sent. Please be aware that your name and email address may be included in the communications sent to your colleagues.



Restricted Areas

If you access the Restricted Areas of any of our websites (via browser or a Challenger app), we may collect information about your access to and use of the online and offline resources we offer.



2. WHEN WE DISCLOSE YOUR INFORMATION

We may disclose your personal information to third parties as follows:

▸  To Affiliates and service providers in order to process the data for the above mentioned purposes;

▸  To Challenger strategic partners with whom Challenger offers or promotes products or services or whom promote Challenger products or services on our behalf;

▸  When we have your consent or authorization to do so, e.g., when you have allowed an event sponsor to scan your attendee badge;

▸  To third parties who work on our behalf to service or maintain business contact databases and other IT systems, such as suppliers of the IT systems which we use to process personal information or who provide other technical services, such as printing;

▸  To third parties providing services to us who have a need to access your information, such as our professional advisors (e.g. auditors and lawyers) or venues for our events;

▸  To comply with applicable laws, protect rights, safety and property and respond to lawful requests from public authorities (such as disclosing data in appropriate situations for national security or law enforcement purposes); and

▸  Subject to applicable law, in the event that Challenger is merged, sold, or in the event of a transfer of some or all of our assets (including in bankruptcy), or in the event of another corporate change, in connection with such a transaction, or for pre-transaction review in relation to such transactions.

Your personal information may be shared if we anonymize and/or aggregate it, as in these circumstances the information will cease to be personal information.



Utilization Information

We may share information with our organizational clients about how their employees use the websites and the resources available to them through the websites (e.g. how employees used certain features of the websites, utilization trends, which features were most popular with the client’s employees).



3. INTERNATIONAL TRANSFERS

Challenger is a global company and, as such, we may transfer personal information to other Challenger group companies or suppliers outside your home jurisdiction. Challenger will take all reasonable steps to ensure that personal information is protected and any such transfers comply with applicable law.

Challenger may transfer and maintain the personal information of individuals covered by this Notice on servers or databases outside the European Economic Area (EEA). Some of these countries may not have the equivalent level of protection under their data protection laws as in the EEA.

The countries to which we transfer data outside of the EEA may include any of the countries in which Challenger does business. A list of Challenger office locations can be obtained by contacting us. All Challenger entities have the same technical, physical, and administrative security controls and are required to comply with our data protection policies and procedures, applicable laws, and the terms of our client and member contracts governing the collection and use of information.



4. RETENTION PERIODS

We will retain your personal information for as long as required to perform the purposes for which the data was collected, depending on the legal basis for which that data was obtained and/or whether additional legal/regulatory obligations mandate that we retain your personal information. We may also retain personal information for the period during which a claim may be made in relation to our dealings with you.

In general terms, this will mean that your personal information will be kept for the duration of our relationship with you and:

▸  The period required by tax and applicable laws and regulations; and

▸  As long as it is necessary for you to be able to bring a claim against us and for us to be able to defend ourselves against any legal claims. This will generally be the length of the relationship plus the length of any applicable statutory limitation period under local laws.



5. CHOICES ABOUT YOUR INFORMATION

We believe it is important to give you choices about the use of your information. We will use your information as described in this Notice (or any other event- or service-specific Privacy Policy). If we want to use your information for a purpose not described in this Notice, we will first get your consent to do so.



Marketing Communications

We will respect your wishes not to receive marketing communications. You can change your marketing preferences by contacting us at . If you gave us your email address to receive marketing communications, you can opt out at any time by using the unsubscribe links or instructions included at the bottom of our emails. Please note that we will continue to send you service-related communications regardless of any opt-out request. We will not sell or share your information or information with third parties (other than our subsidiaries or Affiliates) for their own promotional or marketing purposes unless you give us consent to do so and where permitted by applicable law.



Events

When you attend one of our events, you may be issued an events badge with an RFID chip, which has a unique identifier that can be scanned from various distances. If you select an RFID-enabled badge, we may use it to track your location around our event websites so we can better understand your areas of interest. If you do not want us to track your location, you may obtain a non-RFID enabled badge by asking the event staff at the registration desk.

You may choose to share your contact details with our event sponsors by allowing them to scan your event badge. Our sponsors’ use of any information you choose to share with them in this way is governed by each sponsor’s Privacy Policy.



California Online Privacy Protection Act Notice Concerning Do Not Track Signals

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We do not recognize or respond to browser-related DNT signals, as the industry is currently working toward a common approach to responding to DNT. To learn more about Do Not Track, please click here.



6. DATA SUBJECT RIGHTS FOR INDIVIDUALS LOCATED IN THE EUROPEAN UNION

If you are located in the European Union, European Economic Area, or Switzerland, you have certain rights, in certain circumstances, in relation to your personal information if Challenger is the controller of your data. A summary of each right and how an individual can take steps to exercise it is set out below. If you wish to exercise any of these rights as to any data for which we are the data controller, please contact us at . Such requests should include appropriate identity verification information (such as your name, address, email address or other information reasonably required). To exercise any of these rights as to any data for which we are the data processor, contact the controller of that data.

Where we receive a request to exercise one of these rights in our capacity as data controller, we shall provide information on the action we take on the request without undue delay and in any event within one month of receipt of the request. This may be extended by a further two months in certain circumstances, for example where requests are complex or numerous.

The information will be provided free of charge, except where requests are manifestly unfounded or excessive, in particular because of their repetitive character. In these circumstances we may charge a reasonable fee or may refuse to act on the request. We will advise you of any fees prior to proceeding with a request.

We may ask for additional information to verify your identity before carrying out a request.

Where we do not carry out a request, we shall inform you without delay and within one month of receipt of the request, providing our reasons for not taking the action requested.



Right How you can exercise the right

Right to access and/or correct your personal information

You have the right to access personal information we hold about you, as well as to be provided with a copy of the information (in most circumstances). You also have the right to correct any information we may hold about you that is inaccurate.

Right to restrict use of your personal information

You have the right to ask us to restrict processing of your personal information where one of the following applies:

▸  The processing is unlawful but you want us to restrict use of the data instead of deleting it;

▸  Where you contest the accuracy of your personal information, the restriction will apply until we have verified the accuracy or corrected your personal information;

▸  We no longer require the personal information for the purposes of processing, but you still require us to keep it in connection with a legal claim; or

▸  You have exercised your right to object to the processing. The restriction will apply until we have taken steps to verify whether we have compelling legitimate grounds to continue processing.

Right to request deletion of your personal information

You have the right to ask us to delete your personal information in certain circumstances. Please note that if you want us to refrain from sending you marketing communications, the best way to ensure that is to allow us to retain your information with a “do not contact” tag so we know not to contact you in the future.

There are also certain exceptions where we may refuse a request for erasure, for example, where the personal information is required to comply with a legal obligation or for the establishment, exercise or defense of legal claims.

Right to object to processing of your personal information

You may object to our use of your personal information for marketing purposes. You may also object to processing of your personal information in cases where we have used legitimate interests as the basis for processing. In such cases, we will stop processing your personal information until we verify that we have compelling legitimate grounds for processing that outweigh your interests, rights and freedoms in asking us to stop processing the data, or in limited cases where we need to continue processing the data for the establishment, exercise or defense of legal claims.

Right to data portability

In most cases, you have the right to receive all personal information you have provided to us in a structured, commonly used and machine-readable format and to transmit this data to another data controller, where technically feasible.

Right to lodge a complaint with a supervisory authority

If you object to our processing of your personal information, you have the right to complain to the data protection authority (“DPA”) in the country where you reside, where you work or where an alleged infringement of data protection laws has taken place.

We agree that any disputes regarding our privacy policies and related actions regarding personal information from data subjects in the EU and Switzerland can be heard by a DPA and we will be subject to the determinations of those bodies (as further explained in the Privacy Shield Principles). Please contact us to be directed to the relevant DPA.

In certain circumstances after they have first tried to resolve the dispute directly with us and with the DPA, data subjects in the EU and Switzerland may be able to invoke binding arbitration of disputes by the Privacy Shield arbitration panel.



7. SECURITY

We have implemented administrative, technical, and physical security measures to help prevent unauthorized access. Despite these measures, no data transmission over the Internet can be entirely secure, and we cannot and do not guarantee or warrant the security of any information you transmit via our websites or apps. Please note that you are responsible for maintaining the security of your credentials used to access any Challenger service or account, and you must report suspected unauthorized activity to us. We make efforts to restrict access to information to only those employees, contractors, and agents who need such access in order to operate, develop, improve or deliver our programs, products and services.



8. COOKIES AND SIMILAR TECHNOLOGIES

A cookie is a small text file which includes a unique identifier that is sent by a web server to the browser on your computer, mobile phone or any other internet enabled device when you visit an on-line site. Cookies and similar technologies are widely used to make websites work efficiently and to collect information about your online preferences. For simplicity, we refer to all these technologies as “cookies”.

Some of our website pages may contain electronic images known as web beacons (also known as clear gifs, tags or pixels) that allow us to count users who have visited our pages. Web beacons collect only limited information, e.g. a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. We may also carry web beacons placed by third party advertisers. These beacons do not carry any information that could directly identify you.



9. MISCELLANEOUS

9.1 Links

To provide increased value to you, we provide links to other websites or resources that are not part of the products, programs or services run by Challenger. We do not control these websites or their privacy practices and any information you provide to these websites is subject to the Privacy Policies of those websites and not this Notice.



9.2 California Privacy Rights

Subject to certain limits under California Civil Code § 1798.83, California residents may request certain information regarding our disclosure of information to third parties or their direct marketing purposes. To make such a request, please contact us as specified at the beginning of this Notice.



9.3 Changes to this Notice

From time to time, we may change and/or update this Notice. If this Notice changes in any way, we will post an updated version on this website. We recommend you regularly review this website to ensure that you are always aware of our information practices and any changes to such. Any changes to this Notice will go into effect on posting to this page.

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