Data Processing Addendum Insight Portfolio Companies
Criteria Corp
DATA PROCESSING ADDENDUM - CRITERIA/INSIGHT PORTFOLIO COMPANY CUSTOMER
Modified 09/27/2021
1. BACKGROUND
1.1 This Data Processing Addendum ("DPA") is supplemental to the Agreement (which is comprised of the Terms of Use for Insight Portfolio Companies) entered into between Criteria Corp. (“Criteria”, “us,” or “we”) and the Customer (each a “Party” and collectively the “Parties), and applies as set out in Section 3.8 of the Agreement.
1.2 In the event of a conflict between any of the provisions of this DPA and the provisions of the Agreement, the provisions of this DPA shall prevail.
1.3 Any provision of this DPA that is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remains provisions of the DPA or the Agreement.
2. DEFINITIONS
2.1 Unless otherwise set out below, each capitalized term in this DPA shall have the meaning set out in the Agreement and the following capitalized terms used in this DPA shall be defined as follows:
(a) "Customer" means both the Customer and any entity that is directly or indirectly controlled by the Customer (referred to herein as an “Affiliate”);
(b) "Customer Personal Data" means the personal data relating to TestTakers contained in the Customer Data;
(c) "CCPA" means the California Consumer Privacy Act, Cal. Civ. Code Sec 1798.100 et seq, including any regulations adopted there under or any amendments enacted thereto;
(d) "EU Data Protection Laws" means the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council (" GDPR") and all applicable legislation protecting the fundamental rights and freedoms of persons and their right to privacy with regard to the Processing of Personal Data as amended, enacted, or extended from time to time, and all orders, regulations, statutes, instruments, or other legislation made there under in the European Union (“EU”) and its Members States, Switzerland, and the United Kingdom (“UK”) from time to time;
(e) "Privacy Shield" means, as applicable, the EU-U.S. Privacy Shield framework and Swiss - U.S. Privacy Shield framework for the transfer of personal data to the United States, approved by the European Commission in Commission Decision (EU) 2016/1250 and the Swiss Federal Council respectively;
(f) "Privacy Shield Principles" means the EU-U.S. Privacy Shield Framework Principles issued by the U.S. Department of Commerce, as set out in Annex II to the European Commission Decision (EU) 2016/1250;
(g) "Security Incident" means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, any Personal Data;
(h) "Standard Contractual Clauses" or “SCCs” means the annex found in the EU Commission Implementing Decision (EU) 2021/914 of June 2021 on standard contractual clauses for the transfer of Personal Data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the European Council ( a copy of which is attached at Attachment 1), and completed as set forth below;
(i) “TestTaker” refers to an individual data subject who uses the Service to take assessments at Customer's direction or request. TestTakers may be Customer employees or staff.
(j) the terms "personal data", "sensitive personal data", "Controller", "Processor", "Data Subject", "Process", "Service Provider", and "Supervisory Authority" shall have the same meaning as set out in the EU Data Protection Laws and CCPA.
3. ROLES OF THE PARTIES
3.1 For the purposes of the EU Data Protection Laws, the Parties acknowledge and agree that the Parties have the following roles:
3.1.1 Criteria as Controller of Data. Criteria collects certain Personal Data information to monitor and improve its Service, as described more fully in Section 4 of the Criteria privacy policy found at https://www.criteriacorp.com/hireselect/insight/privacy, including contact details, demographic information and device information. With respect to such data, Criteria is the Data Controller and under the terms of the Agreement, Customer is neither collecting such data for Criteria nor transferring such data to Criteria.
3.1.2 Criteria as Processor of Customer Personal Data. Criteria processes Customer Personal Data as a Processor on behalf of Customer as the Controller; in such situations, Module 2 of the New Standard Contractual Clauses shall apply, as reflected in Attachment 1, where CRITERIA is the “Data Importer” and Customer is the “Data Exporter.”
3.2 For the purposes of the CCPA, the Parties acknowledge and agree that CRITERIA acts as a “Service Provider” with respect to the performance of its obligations pursuant to the Agreement and/or this DPA.
4. PURPOSE AND PRINCIPLES
4.1 For purposes of CCPA, Customer and CRITERIA agree and acknowledge that CRITERIA is authorized to use, retain, and disclose personal information subject to CCPA for the delivery of services to Customer as set forth in the Agreement, including any sharing or disclosures to additional service providers or subprocessors as may be engaged by CRITERIA from time to time, so long as such service providers are subject to agreements which bind them to substantially similar terms as those which apply to CRITERIA under this DPA and the Agreement. CRITERIA may not process such personal information outside the scope of the Agreement or this DPA except upon the express written agreement by Customer.
4.1.1 Customer is responsible for complying with CCPA in connection with the collection, use, and storage of personal information subject to CCPA pursuant to this DPA and the Agreement.
4.1.2 Under no circumstances may CRITERIA sell, as such term is defined in the CCPA, any personal information subject to CCPA without prior, written agreement of the Customer.
4.1.3 CRITERIA shall promptly notify Customer of any request subject to CCPA received by CRITERIA from a consumer or authorized representative, and shall direct such consumer or authorized representative to contact Customer. CRITERIA will abide by Customer’s decision with respect to any such request received by Customer or CRITERIA regarding personal information subject to CCPA held by CRITERIA.
4.2 For purposes of the EU Data Protection Laws, where CRITERIA acts a Processor CRITERIA will only process Customer Personal Data in accordance with (a) the Agreement, to the extent necessary to provide the Service to the Customer, and (b) the Customer’s written instructions, except insofar as processing is required under an EU or Member State law to which CRITERIA is subject, in which case CRITERIA shall, to the extent permitted by applicable law, inform the Customer of that legal requirement before engaging in that processing activity with the Customer Personal Data.
4.2.1 Customer agrees that CRITERIA may use the parties listed on Schedule 2 (as updated from time to time) as subprocessors with respect to processing Customer Personal Data. CRITERIA agrees to ensure that such subprocessors are subject to written contracts that impose obligations substantially similar to those in this DPA and Agreement, and in all cases compliant with EU Data Protection Laws. At all times CRITERIA shall remain responsible for compliance with this DPA and liable to the Customer to the acts and omissions of any subprocessors as if they were the acts or omissions of CRITERIA. When updating the list of parties, CRITERIA shall notify customer prior to any changes; Customer shall have 10 business days from notification to object to such change in writing to CRITERIA, at which point CRITERIA and Customer shall work in good faith to address any reasonable concerns set forth by Customer.
4.2.2 Except as may be required (or prohibited) under applicable law, CRITERIA shall notify Customer of any request received by CRITERIA or any subprocessor from a TestTaker regarding the Data Subject’s personal data. CRITERIA shall provide Customer with the ability (directly or through CRITERIA) to correct, delete, block, access, or copy any Personal Data that may be subject to such a request, and shall execute and abide by Customer’s decision with respect to such request.
4.2.3 CRITERIA shall provide to Customer any information or assistance reasonably requested by Customer for the purpose of demonstrating compliance with any of Customer’s or CRITERIA’s compliance under applicable EU Data Protection Laws, including with respect to providing assistance in the performance of any data protection impact assessments.
4.2.4 Unless required by applicable EU or Member State law, CRITERIA shall not retain the Customer Personal Data for longer than is necessary for the purposes notified to TestTakers (the "Permitted Purposes").
4.2.5 CRITERIA shall promptly delete or destroy all Customer Personal Data once that Customer Personal Data is no longer required for the Permitted Purposes, unless CRITERIA can demonstrate to the Customer’s reasonable satisfaction that CRITERIA is required to use and retain the Customer Personal Data to comply with applicable EU or Member State law.
4.3 For purposes of both EU Data Protection Laws and CCPA, Customer, in its use of the Services, including instructions provided to CRITERIA, shall ensure that it complies with the CCPA and EU Data Protection Laws, to the extent applicable. Customer has sole responsibility for the accuracy and quality of Personal Data it provides to CRITERIA, and for ensuring the means by which Customer has acquired the Personal Data is compliant with applicable laws.
4.4 Customer hereby acknowledges and agrees that by virtue of using the Services it gives CRITERIA instructions to process and use the Personal Data it provides to CRITERIA in order to provide the Services in accordance with the Agreement and as described in Attachment 1.
5. DATA SECURITY, AUDITS AND SECURITY NOTIFICATIONS
5.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, CRITERIA shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including such measures as are set forth in the Security Documentation.
5.2 Upon request by the Customer, and subject to the confidentiality obligations set forth in the Agreement and this DPA, CRITERIA shall make available to Customer information reasonably necessary to demonstrate compliance with this DPA. Customer may request an on-site audit of CRITERIA’s policies, procedures, and controls relevant to the protection of Personal Data, but only up to one time every 12 months. Customer must provide at least 6 weeks’ prior notice to CRITERIA of a request for such an audit. Customer shall reimburse CRITERIA for any time expended for any such on-site audit at CRITERIA’s then-current rates, which shall be made available to Customer upon request. Before the commencement of any such on-site audit, Customer and CRITERIA shall mutually agree upon the scope, timing, and duration of the audit, in addition to the reimbursement rate for which Customer shall be responsible. Customer shall promptly notify CRITERIA regarding any non- compliance discovered during the course of an audit, and CRITERIA shall use commercially reasonable efforts to address any confirmed non-compliance. In the event that Customer requests an audit within ninety (90) days following notification of a confirmed Security Incident, CRITERIA will waive the applicable audit fees.
5.3 Security Incident Notification. CRITERIA maintains policies and procedures intended to manage Security Incidents, including detailed escalation procedures as set forth in the Security Documentation. If CRITERIA becomes aware of a Security Incident, either on its own part or that of a subprocessor, it will (a) notify Customer of the Security Incident within 72 hours, (b) investigate the Security Incident and provide such reasonable assistance to the Customer (and any law enforcement or regulatory official) as required to investigate the Security Incident, and (c) take steps to remedy any non-compliance with this DPA.
5.4 Employees and Personnel. CRITERIA shall ensure that any employees or other personnel have agreed in writing to protect the confidentiality and security of Customer Personal Data.
6. LIABILITY AND INDEMNITY
6.1 The Customer agrees to indemnify CRITERIA and its officers, directors, employees, agents, affiliates, successors and permitted assigns (each an "Indemnified Party", and collectively the "Indemnified Parties") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees and court fees, that are incurred by the Indemnified Parties (collectively, "Losses") arising out of any third party claim brought against CRITERIA relating to or arising out of any breach by the Customer of CCPA or EU Data Protection Laws.
7. TERMS FOR TRANSFER OF PERSONAL DATA FROM THE EEA, THE UK AND SWITZERLAND
7.1 All Processing and transfers of Personal Data in countries which do not ensure an adequate level of data protection as required under applicable law in the EEA, UK, and Switzerland is on the basis of and subject to the Standard Contractual Clauses. For the purpose of the Standard Contractual Clauses, this DPA and the Agreement, as may be amended from time to time, are the complete and final instructions of Customer (Data Exporter) to CRITERIA (Data Importer) for the Processing and transfers of Customer Personal Data.
7.2 The Standard Contractual Clauses are hereby deemed completed as follows: (i) the Data Exporter is the Customer, and the Data Exporter’s contact information is set forth in the signature block below; (ii) the Data Importer is CRITERIA CORP, and CRITERIA’s contact information is set forth in the signature block below; (iii) Annexes 1 and 2 and 3 of the Standard Contractual Clauses are set forth below.
7.3 By entering into this DPA, the parties are deemed to be signing the Standard Contractual Clauses.
7.4 Customer acknowledges that the Processor or its Subprocessors may process certain Customer Personal Data, including Customer Personal Data imported prior to the date of this DPA, in accord with the Privacy Shield Principles, provided that (i) the jurisdiction from which such Customer Personal Data has been imported recognizes and authorizes such transfers at the time of the transfer, (ii) such processing does not violate the Standard Contractual Clauses agreed to herein, and (iii) Processor maintains its certification to the EU-US Privacy Shield.
7.5 If applicable to Customer and to the extent required following any relevant decision of the appropriate government agencies in the UK with respect to transfer of personal data from the UK to other countries Customer will work with CRITERIA to execute the necessary agreements or arrangements to legitimize the transfer of Customer Personal Data from the UK.
7.6 CRITERIA hereby agrees to implement industry-standard encryption to protect the Personal Data both while in transit to or within the United States and while at rest in the United States (e.g., in transit encryption currently uses HTTPS/TLS, and at rest data currently is subject to AES 256- bit full disk encryption). Subject to Section 15 of the SCCs and in accordance therewith, if CRITERIA is subject to governmental or court order, or otherwise compelled to provide governmental authorities or other third parties with access to the Personal Data, CRITERIA shall inform Customer without undue delay to the extent permissible. As set forth in the Standard Contractual Clauses, if and to the extent CRITERIA becomes aware of a change in law, either generally or as applied to CRITERIA, that will have an adverse effect on CRITERIA’s ability to perform its obligations under this DPA and EU Data Protection Laws, it must notify Customer immediately.
8. DURATION AND TERMINATION
8.1 Deletion of data. Subject to 8.2 and 8.3 below, CRITERIA shall, following written request from Customer and within 90 (ninety) days: (a) make available to Customer a complete copy of all Personal Data by secure transfer in such a format as notified by Customer to CRITERIA; and (b) delete and use all reasonable efforts to procure the deletion of all other copies of Personal Data Processed by CRITERIA or any Subprocessors, according to instructions under section 8.2.
8.2 Subject to section 8.3 below, Customer may in its absolute discretion notify CRITERIA in writing within 30 (thirty) days of the date of termination of the Agreement to require CRITERIA to delete and procure the deletion of all copies of Personal Data Processed by CRITERIA. CRITERIA shall, within 90 (ninety) days of the date of termination of the Agreement: (a) comply with any such written request; and
(b) use all reasonable endeavors to procure that its Subprocessors delete all Personal Data Processed by such Subprocessors, and, where this section 8.2 applies, CRITERIA shall not be required to provide a copy of the Personal Data to Customer.
8.3 Processor and its Subprocessors may retain Personal Data to the extent required by applicable laws and only to the extent and for such period as required by applicable laws and always provided that CRITERIA shall ensure the confidentiality of all such Personal Data and shall ensure that such Personal Data is only Processed as necessary for the purpose(s) specified in the applicable laws requiring its storage and for no other purpose.
Schedule 1
DETAILS OF THE PROCESSING OF PERSONAL DATA
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Subject Matter of Processing |
Use and access of the web-based, platform pre- employment assessment services (“Service”) in accordance with the Agreement |
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Duration of Processing |
The Term, as defined in the Criteria Agreement, subject to paragraphs 9.2 and 9.3 of the DPA |
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Nature and Purpose of Processing Types of Personal Data |
Provision of the Service |
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Types of Personal Data |
Personal Data of Staff that use the Service:
Personal Data of Applicants that use the Service:
any other Personal Data which Customer, its Affiliates or users enter into the Service |
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Categories of Data Subjects |
Users authorized or requested by Customer (data exporter) or an Affiliate to use the Service, consisting of:
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Obligations and rights of the Customer |
The obligations and rights of the Customer are as set out in this DPA. |
Exhibit 1
Standard Contractual Clauses
EUROPEAN COMMISSION
Brussels, 4.6.2021
C(2021) 3972 final ANNEX
ANNEX
to the
COMMISSION IMPLEMENTING DECISION
on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council
SECTION I
Clause 1
Purpose and scope
a. The purpose of these standard contractual clauses is to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) for the transfer of personal data to a third country.
b. The Parties:
(i) the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter “entity/ies”) transferring the personal data, as listed in Annex I.A. (hereinafter each “data exporter”), and
(ii) the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity also Party to these Clauses, as listed in Annex I.A. (hereinafter each “data importer”)
c. These Clauses apply with respect to the transfer of personal data as specified in Annex I.B.
d. The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.Clause 2
Clause 2
Effect and invariability of the Clauses
a. These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46 (2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.
b. These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679.
Clause 3
Third-party beneficiaries
a. Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions:
(i) Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;
(ii) Clause 8 - Module Two: Clause 8.1(b), 8.9(a), (c), (d) and (e);
(iii) Clause 9 - Module Two: Clause 9(a), (c), (d) and (e);
(iv) Clause 12 - Module Two: Clause 12(a), (d) and (f);
(v) Clause 13;
(vi) Clause 15.1(c), (d) and (e);
(vii) Clause 16(e); and
(viii) Clause 18 - Module Two: Clause 18(a) and (b)
b. Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679.
Clause 4
Interpretation
a. Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.
b. These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
c. These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.
Clause 5
Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
Clause 6
Description of the transfer(s)
The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex I.B.
Clause 7
Docking clause
a. An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede to these Clauses at any time, either as a data exporter or as a data importer, by completing the Appendix and signing Annex I.A.
b. Once it has completed the Appendix and signed Annex I.A, the acceding entity shall become a Party to these Clauses and have the rights and obligations of a data exporter or data importer in accordance with its designation in Annex I.A.
c. The acceding entity shall have no rights or obligations arising under these Clauses from the period prior to becoming a Party.
SECTION II – OBLIGATIONS OF THE PARTIES
Clause 8
Data protection safeguards
The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organizational measures, to satisfy its obligations under these Clauses.
MODULE TWO: Transfer controller to processor
8.1 Instructions
a. The data importer shall process the personal data only on documented instructions from the data exporter. The data exporter may give such instructions throughout the duration of the contract.
b. The data importer shall immediately inform the data exporter if it is unable to follow those instructions.
8.2 Purpose limitation
The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B, unless on further instructions from the data exporter.
8.3 Transparency
On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including the measures described in Annex II and personal data, the data exporter may redact part of the text of the Appendix to these Clauses prior to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand the content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.
8.4 Accuracy
If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data.
8.5 Duration of processing and erasure or return of data
Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).
8.6 Security of processing
a. The data importer and, during transmission, also the data exporter shall implement appropriate technical and organizational measures to ensure the security of the data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access to that data (hereinafter “personal data breach”). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purpose(s) of processing and the risks involved in the processing for the data subjects. The Parties shall in particular consider having recourse to encryption or pseudonymization, including during transmission, where the purpose of processing can be fulfilled in that manner. In case of pseudonymization, the additional information for attributing the personal data to a specific data subject shall, where possible, remain under the exclusive control of the data exporter. In complying with its obligations under this paragraph, the data importer shall at least implement the technical and organizational measures specified in Annex II. The data importer shall carry out regular checks to ensure that these measures continue to provide an appropriate level of security.
b. The data importer shall grant access to the personal data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. It shall ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
c. In the event of a personal data breach concerning personal data processed by the data importer under these Clauses, the data importer shall take appropriate measures to address the breach, including measures to mitigate its adverse effects. The data importer shall also notify the data exporter without undue delay after having become aware of the breach. Such notification shall contain the details of a contact point where more information can be obtained, a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and personal data records concerned), its likely consequences and the measures taken or proposed to address the breach including, where appropriate, measures to mitigate its possible adverse effects. Where, and in so far as, it is not possible to provide all information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
d. The data importer shall cooperate with and assist the data exporter to enable the data exporter to comply with its obligations under Regulation (EU) 2016/679, in particular to notify the competent supervisory authority and the affected data subjects, taking into account the nature of processing and the information available to the data importer.
8.7 Sensitive data
Where the transfer involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offenses (hereinafter “sensitive data”), the data importer shall apply the specific restrictions and/or additional safeguards described in Annex I.B.
8.8 Onward transfers
The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union4 (in the same country as the data importer or in another third country, hereinafter “onward transfer”) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:
(i) the onward transfer is to a country benefitting from an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 that covers the onward transfer;
(ii) the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 Regulation of (EU) 2016/679 with respect to the processing in question;
(iii) the onward transfer is necessary for the establishment, exercise or defense of legal claims in the context of specific administrative, regulatory or judicial proceedings; or
(iv) the onward transfer is necessary in order to protect the vital interests of the data subject or of another natural person.
Any onward transfer is subject to compliance by the data importer with all the other safeguards under these Clauses, in particular purpose limitation.
8.9 Documentation and compliance
a. The data importer shall promptly and adequately deal with enquiries from the data exporter that relate to the processing under these Clauses.
b. The Parties shall be able to demonstrate compliance with these Clauses. In particular, the data importer shall keep appropriate documentation on the processing activities carried out on behalf of the data exporter.
c. The data importer shall make available to the data exporter all information necessary to demonstrate compliance with the obligations set out in these Clauses and at the data exporter’s request, allow for and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non- compliance. In deciding on a review or audit, the data exporter may take into account relevant certifications held by the data importer.
d. The data exporter may choose to conduct the audit by itself or mandate an independent auditor. Audits may include inspections at the premises or physical facilities of the data importer and shall, where appropriate, be carried out with reasonable notice.
e. The Parties shall make the information referred to in paragraphs (b) and (c), including the results of any audits, available to the competent supervisory authority on request.
Clause 9
Use of Sub-processors
MODULE TWO: Transfer controller to processor
a. GENERAL WRITTEN AUTHORIZATION The data importer has the data exporter’s general authorization for the engagement of sub-processor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes to that list through the addition or replacement of sub- processors at least 10 business days in advance, thereby giving the data exporter sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The data importer shall provide the data exporter with the information necessary to enable the data exporter to exercise its right to object.
b. Where the data importer engages a sub-processor to carry out specific processing activities (on behalf of the data exporter), it shall do so by way of a written contract that provides for, in substance, the same data protection obligations as those binding the data importer under these Clauses, including in terms of third-party beneficiary rights for data subjects.8 The Parties agree that, by complying with this Clause, the data importer fulfills its obligations under Clause 8.8. The data importer shall ensure that the sub-processor complies with the obligations to which the data importer is subject pursuant to these Clauses.
c. The data importer shall provide, at the data exporter’s request, a copy of such a sub- processor agreement and any subsequent amendments to the data exporter. To the extent necessary to protect business secrets or other confidential information, including personal data, the data importer may redact the text of the agreement prior to sharing a copy.
d. The data importer shall remain fully responsible to the data exporter for the performance of the sub-processor’s obligations under its contract with the data importer. The data importer shall notify the data exporter of any failure by the sub- processor to fulfill its obligations under that contract.
e. The data importer shall agree a third-party beneficiary clause with the sub-processor whereby - in the event the data importer has factually disappeared, ceased to exist in law or has become insolvent - the data exporter shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.
Clause 10
Data subject rights
MODULE TWO: Transfer controller to processor
a. The data importer shall promptly notify the data exporter of any request it has received from a data subject. It shall not respond to that request itself unless it has been authorized to do so by the data exporter.
b. The data importer shall assist the data exporter in fulfilling its obligations to respond to data subjects’ requests for the exercise of their rights under Regulation (EU) 2016/679. In this regard, the Parties shall set out in Annex II the appropriate technical and organizational measures, taking into account the nature of the processing, by which the assistance shall be provided, as well as the scope and the extent of the assistance required.
c. In fulfilling its obligations under paragraphs (a) and (b), the data importer shall comply with the instructions from the data exporter.
Clause 11
Redress
a. The data importer shall inform data subjects in a transparent and easily accessible format, through individual notice or on its website, of a contact point authorized to handle complaints. It shall deal promptly with any complaints it receives from a data subject.
MODULE TWO: Transfer controller to processor
b. In case of a dispute between a data subject and one of the Parties as regards compliance with these Clauses, that Party shall use its best efforts to resolve the issue amicably in a timely fashion. The Parties shall keep each other informed about such disputes and, where appropriate, cooperate in resolving them.
c. Where the data subject invokes a third-party beneficiary right pursuant to Clause 3, the data importer shall accept the decision of the data subject to:
(i) lodge a complaint with the supervisory authority in the Member State of his/her habitual residence or place of work, or the competent supervisory authority pursuant to Clause 13;
(ii) refer the dispute to the competent courts within the meaning of Clause 18.
d. The Parties accept that the data subject may be represented by a not-for-profit body, organization or association under the conditions set out in Article 80(1) of Regulation (EU) 2016/679.
e. The data importer shall abide by a decision that is binding under the applicable EU or Member State law.
f. The data importer agrees that the choice made by the data subject will not prejudice his/her substantive and procedural rights to seek remedies in accordance with applicable laws.
Clause 12
Liability
MODULE TWO: Transfer controller to processor
a. Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any breach of these Clauses.
b. The data importer shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data importer or its sub-processor causes the data subject by breaching the third-party beneficiary rights under these Clauses.
c. Notwithstanding paragraph (b), the data exporter shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data exporter or the data importer (or its sub-processor) causes the data subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the data exporter and, where the data exporter is a processor acting on behalf of a controller, to the liability of the controller under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable.
d. The Parties agree that if the data exporter is held liable under paragraph (c) for damages caused by the data importer (or its sub-processor), it shall be entitled to claim back from the data importer that part of the compensation corresponding to the data importer’s responsibility for the damage.
e. Where more than one Party is responsible for any damage caused to the data subject as a result of a breach of these Clauses, all responsible Parties shall be jointly and severally liable and the data subject is entitled to bring an action in court against any of these Parties.
f. The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its / their responsibility for the damage.
g. The data importer may not invoke the conduct of a sub-processor to avoid its own liability.
Clause 13
Supervision
MODULE TWO: Transfer controller to processor
a. The supervisory authority with responsibility for ensuring compliance by the data exporter with Regulation (EU) 2016/679 as regards the data transfer, as indicated in Annex I.C, shall act as competent supervisory authority..
b. The data importer agrees to submit itself to the jurisdiction of and cooperate with the competent supervisory authority in any procedures aimed at ensuring compliance with these Clauses. In particular, the data importer agrees to respond to enquiries, submit to audits and comply with the measures adopted by the supervisory authority, including remedial and compensatory measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.
SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC AUTHORITIES
Clause 14
Local laws and practices affecting compliance with the Clauses
MODULE TWO: Transfer controller to processor
a. The Parties warrant that they have no reason to believe that the laws and practices in the third country of destination applicable to the processing of the personal data by the data importer, including any requirements to disclose personal data or measures authorizing access by public authorities, prevent the data importer from fulfilling its obligations under these Clauses. This is based on the understanding that laws and practices that respect the essence of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a democratic society to safeguard one of the objectives listed in Article 23(1) of Regulation (EU) 2016/679, are not in contradiction with these Clauses.
b. The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular of the following elements:
(i) the specific circumstances of the transfer, including the length of the processing chain, the number of actors involved and the transmission channels used; intended onward transfers; the type of recipient; the purpose of processing; the categories and format of the transferred personal data; the economic sector in which the transfer occurs; the storage location of the data transferred;
(ii) the laws and practices of the third country of destination– including those requiring the disclosure of data to public authorities or authorizing access by such authorities – relevant in light of the specific circumstances of the transfer, and the applicable limitations and safeguards12;
(iii) any relevant contractual, technical or organizational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the personal data in the country of destination.
c. The data importer warrants that, in carrying out the assessment under paragraph (b), it has made its best efforts to provide the data exporter with relevant information and agrees that it will continue to cooperate with the data exporter in ensuring compliance with these Clauses.
d. The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.
e. The data importer agrees to notify the data exporter promptly if, after having agreed to these Clauses and for the duration of the contract, it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under paragraph (a), including following a change in the laws of the third country or a measure (such as a disclosure request) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a).
f. Following a notification pursuant to paragraph (e), or if the data exporter otherwise has reason to believe that the data importer can no longer fulfill its obligations under these Clauses, the data exporter shall promptly identify appropriate measures (e.g. technical or organizational measures to ensure security and confidentiality) to be adopted by the data exporter and/or data importer to address the situation
- The data exporter shall suspend the data transfer if it considers that no appropriate safeguards for such transfer can be ensured, or if instructed by the competent supervisory authority to do so. In this case, the data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses. If the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise. Where the contract is terminated pursuant to this Clause, Clause 16(d) and (e) shall apply.
Clause 15
Obligations of the data importer in case of access by public authorities
MODULE TWO: Transfer controller to processor
15.1 Notification
a. The data importer agrees to notify the data exporter and, where possible, the data subject promptly (if necessary with the help of the data exporter) if it:
(i) receives a legally binding request from a public authority, including judicial authorities, under the laws of the country of destination for the disclosure of personal data transferred pursuant to these Clauses; such notification shall include information about the personal data requested, the requesting authority, the legal basis for the request and the response provided; or
(ii) becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer.
b. If the data importer is prohibited from notifying the data exporter and/or the data subject under the laws of the country of destination, the data importer agrees to use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible. The data importer agrees to document its best efforts in order to be able to demonstrate them on request of the data exporter.
c. Where permissible under the laws of the country of destination, the data importer agrees to provide the data exporter, at regular intervals for the duration of the contract, with as much relevant information as possible on the requests received (in particular, number of requests, type of data requested, requesting authority/ies, whether requests have been challenged and the outcome of such challenges, etc.).
d. The data importer agrees to preserve the information pursuant to paragraphs (a) to (c) for the duration of the contract and make it available to the competent supervisory authority on request.
e. Paragraphs (a) to (c) are without prejudice to the obligation of the data importer pursuant to Clause 14(e) and Clause 16 to inform the data exporter promptly where it is unable to comply with these Clauses.
15.2 Review of legality and data minimization
a. The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e).
b. The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.
c. The data importer agrees to provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request.
SECTION IV – FINAL PROVISIONS
Clause 16
Non-compliance with the Clauses and termination
a. The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.
b. In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f).
c. The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where:
(i) the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in any event within one month of suspension;
(ii) the data importer is in substantial or persistent breach of these Clauses; or
(iii) the data importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses.
- In these cases, it shall inform the competent supervisory authority
- for Module Three: and the controller
- of such non-compliance. Where the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.
d. Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall at the choice of the data exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to any copies of the data.] The data importer shall certify the deletion of the data to the data exporter. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit the return or deletion of the transferred personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process the data to the extent and for as long as required under that local law.
e. Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal framework of the country to which the personal data is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.
Clause 17
Governing law
MODULE TWO: Transfer controller to processor
These Clauses shall be governed by the law of one of the EU Member States, provided such law allows for third-party beneficiary rights. The Parties agree that this shall be the law of Ireland.
Clause 18
Choice of forum and jurisdiction
MODULE TWO: Transfer controller to processor
a. Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.
b. The Parties agree that those shall be the courts of Ireland.
c. A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member State in which he/she has his/her habitual residence.
d. The Parties agree to submit themselves to the jurisdiction of such courts.
DATA EXPORTER
Name: .. [CUSTOMER]..................................................................................................................
Authorized Signature ...[CUSTOMER SIGNATURE]........................................................................................
DATA IMPORTER
Name: CRITERIA CORP
Authorized Signature..........................................................................................
APPENDIX
ANNEX I
A. LIST OF PARTIES
MODULE TWO: Transfer controller to processor
Data exporter(s): [Identity and contact details of the data exporter(s) and, where applicable, of its/their data protection officer and/or representative in the European Union]
[CUSTOMER INFO]
Data importer(s): [Identity and contact details of the data importer(s), including any contact person with responsibility for data protection]
Criteria Corp
750 N. San Vicente Blvd.
Suite 1500
East Tower
West Hollywood, CA 90069
B. DESCRIPTION OF TRANSFER
MODULE TWO: Transfer controller to processor
Subject Matter and Details of the Data Processing
Data exporter
The data exporter is (please specify briefly your activities relevant to the transfer):
Data exporter is the legal entity that has executed these Standard Contractual Clauses as a Data Exporter for the purposes of using the service as set forth in the underlying Agreement.
Data importer
The data importer is (please specify briefly activities relevant to the transfer):
Data importer, CRITERIA CORP, is a web-based pre-employment assessment provider which Processes Personal Data for the purpose of providing the Service to the data exporter.
Data subjects
The personal data transferred concern the following categories of data subjects (please specify):
Data exporter may submit Personal Data to CRITERIA, the extent of which is determined and controlled by the data exporter in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of data subjects:
Users of the Service as the data exporter authorizes, including:
- Staff of data exporter, including employees, independent contractors, and agents of data exporter or its affiliates
- Job applicants of the data exporter
Categories of data
The personal data transferred concern the following categories of data (please specify):
Data exporter may submit Personal Data to CRITERIA, the extent of which is determined and controlled by the data exporter in its sole discretion, and which may include, but is not limited to the following categories of Personal Data:
Personal Data of staff:
➢ First and last name
➢ Title
➢ Position
➢ Employer
➢ Physical business address
➢ DocuSign Envelope ID: 02B1ABD8-F1D1-4BC9-812D-58A5F251212E➢ Email
➢ usage information
➢ any other Personal Data the Customer, its Affiliates and/or staff submit in the course of their use
of the Service
Personal Data of job applicants:
➢ First and last name
➢ Location
or such other categories Personal Data which Customer, its Affiliates or users enter into the Service
CRITERIA CORP will make additional technical information available to Customer upon request, such as details available in its Privacy Policy: https://www.criteriacorp.com/privacy-policy
Special categories of data (if appropriate)
The personal data transferred concern the following special categories of data (please specify):
N/A
Processing operations
The personal data transferred will be subject to the following basic processing activities (please specify):
(i) Processing in accordance with the Agreement and applicable Order(s);
(ii) Processing initiated by Users in their use of the Services;
(iii) Processing to comply with other documented reasonable instructions provided by User (e.g., via email or support tickets) where such instructions are consistent with the terms of the Agreement. Categories of data subjects whose personal data is transferred
Purpose(s) of the data transfer and further processing
To provide the Service as set forth in the Agreement.
The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period
For the period of time as set forth in the Agreement.
For transfers to (sub-)processors, also specify subject matter, nature and duration of the processing
Please see Annex III.
C. COMPETENT SUPERVISORY AUTHORITY
MODULE TWO: Transfer controller to processor
Identify the competent supervisory authority/ies in accordance with Clause 13
[FOR CUSTOMER/DATA EXPORTER TO IDENTIFY.]
…
ANNEX II - TECHNICAL AND ORGANIZATIONAL MEASURES INCLUDING TECHNICAL AND ORGANIZATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA
MODULE TWO: Transfer controller to processor
APPENDIX 2
TECHNICAL AND ORGANIZATIONAL SECURITY MEASURES
1. Policies & Procedures
Processor maintains internal policies and procedures, or procures that its Subprocessors do so, which are designed to:
a. secure any personal data Processed by Processor against accidental or unlawful loss, access or disclosure;
b. identify reasonably foreseeable and internal risks to security and unauthorized access to the personal data Processed by Processor; and
c. minimize security risks, including through risk assessment and regular testing.
Processor’s policies and procedures require, among other things, (i) establishing appropriate levels of security for personal data, (ii) employees and Subprocessors who process personal data on behalf of Processor to read and comply with Processor’s confidentiality terms and Processor’s Cyber Security Policies which are NIST CSF v.1.1 compliant, and
(iii) Subprocessors who may have access to personal data are required to execute data protection agreements that meets or exceeds Processor’s standard DPA.
2. Certifications
SOC/ISO27001. Processor uses Amazon Web Services (“AWS”) as its hosting service provider. AWS provides third-party attestations, certifications, Service Organization Controls (SOC) reports and other relevant compliance reports, including SOC and ISO27001, directly under NDA via the following websitehttps://aws.amazon.com/artifact/.
NIST Certification. Processor’s corporate office is NIST CSF v1.1 self-certified.
3. Monitoring & Management
Processor will, and will use reasonable efforts to procure that its Subprocessors, conduct periodic reviews of the security of their network and the adequacy of their information security program as measured against industry security standards and its policies and procedures.
Security areas covered in Processor’s Cyber Security Policies include:
- Acceptable Use Policy
- Asset Management Policy
- Backup and Recovery Policy
- Change Management Policy
- Confidential Data Policy
- Data Classification Policy
- Data Retention and Disposal Policy
- Encryption Policy
- Incident Response Policy
- Malware Protection Policy
- Mobile Device Policy
- Network Access and Authentication Policy
- Network Security Policy
- Password Policy
- Patch Management Policy
- Personnel Security Policy
- Physical Security Policy
- Privacy Policy
- Remote Access Policy
- Risk Management Policy
- Secure Development Lifecycle Policy
- Secure Workspace Policy
4. Security
Processor will, and will use reasonable efforts to procure that its Subprocessors, periodically evaluate the security of their network and associated services to determine whether additional or different security measures are required to respond to new security risks or findings generated by the periodic reviews.
Processor contracts annually with two industry respected cyber security companies for both manual and automated vulnerability assessments and penetration testing of its applications. Processor’s penetration testing provider conducts regular penetration testing providing a comprehensive and fully detailed report with all findings (critical, high, medium, and low) as well as remediation procedures for Processor’s immediate action.
5. Data Encryption
Processor uses industry-standard encryption products to protect personal data and communications Processed by Processor during transmissions between a Controller and Processor, including management of public keys. All data in transit between Controller and Processor is encrypted using HTTPS/TLS. Data at rest is stored in a unique non-readable binary format and subject to AES 256- bit full disk encryption.
6. Backup and Restoration
All onsite data is held on redundant encrypted SAN using industry standard encryption technology. Data is also streamed in near real-time to an offsite backup and disaster recovery center via IPSec tunnel. Backed up data is stored using industry standard encryption technology. In the event that data needs to be restored, the onsite SAN backups would be used first.
7. Disaster Recovery
Disaster recovery plans are in place and tested at least once per year. Processor utilizes disaster recovery facilities that are geographically remote from their primary data centers, along with the required hardware, software, and Internet connectivity. In the event production capabilities at the primary data centers were rendered unavailable, the disaster recovery hosting facilities would be enabled and brought online. As personal data is already streamed and held at these same facilities, recovery time would be minimized.
8. Updates
Processor may change these Technical and Organizational Measures at any time without notice by keeping a comparable or better level of security. During the term of the Service, individual measures described in this Appendix 2 may be replaced with new measures that serve the same purpose without materially diminishing the overall security of the Processor’s Service.
ANNEX III – LIST OF SUB-PROCESSORS
MODULE TWO: Transfer controller to processor
Schedule 2
(Effective as of September 23, 2020)
The following subprocessors are used by CRITERIA (Data Processor/Data Importer) to process personal data on behalf of Customer (Data Controller/Data Exporter)
The duration of the processing is as set forth in the individual agreement with the subprocessor:
|
SUBPROCESSOR |
TYPE |
DESCRIPTION |
| AdRoll | Cookie | Provides analytics of web activity |
| AHA | Internal product roadmap software | Contact details for customer or product support follow-up |
| Authorize.net | Credit card payment processing | Customer contact information (if Service is paid via credit card) |
| AWS (Amazon Web Services) | Hosting | Criteria Software as a Service |
| Calendly | Scheduling tool | Contact information for meeting scheduling |
| Chilipiper | Scheduling and routing | Contact details for customer or product support follow-up |
| ChurnZero | Customer success software | Customer usage analytics |
| CloudConvert | File Converter Service | Assessment with contact name |
| DocuSign | Electronic Contracting | Customer contact name, email, address for contract and accounting |
| Drift | Lead collection | Customer contact details for customer follow- up |
| Dropbox | Cloud file hosting | Contact name, email, address, additional information in documents, presentations, Zoom, and Nextiva calls, |
| Gartner | Provides analytics of web activity | Customer contact information |
| Gong.io | Sales analytics | Stores customer contact details for sales management |
| Cookie | Provides analytics of web activity | |
| J2connect | Corporate electronic fax service | Customer contact name, email, address for internal records and accounting |
| JIRA | Customer support | Contact name and email for support ticket tracking |
| Joynd - (formerly HRNX) | HR integration software | Encrypts customer job candidate data |
| Lead Forensics | Lead generation software | Identify web site visitors |
| Cookie | Provides analytics of web activity | |
| Mail Gun | Analytics | Email, Device ID, IP address |
| Marketo | CRM | Sends marketing emails to contacts |
| Microsoft | Cookie | Provides analytics of web activity |
| New Relic | Application performance monitoring | Customer and candidate data is masked but analyzed. |
| Nextiva | Sales analytics | Stores customer contact details for sales management |
| Office 365 | Emails to and from Criteria (excluding emails with assessment data) | |
| Outreach | Customer success | Collects contact information for follow-up with potential customers |
| Postmark | Email address, possibly assessment scores | |
| Qualtrics | Surveys | Customer survey data |
| QuickBooks Online | Accounting | Customer contact name, email, address for financial accounting |
| Ruby Receptionist | Phone answering service | Processes contact details for calls to Criteria |
| Salesforce | Customer relationship management | Stores customer contact details for billing, contracting and marketing |
| Sophos | Antivirus | Antivirus software |
| Slack | Corporate messaging | Contact details for customer or product support follow-up |
| Unbounce | Website page design | Collects potential customer contact for sales lead management |
| Zapier | Task automation | Web application integration |
| Zoom | Video and chat messaging, support, and streaming demos | Contact details for sales and support |