Privacy Statement

Effective July 27, 2023

Overview and scope

This privacy policy addresses how Phenom People, Inc. (“Phenom People'', “we”, “us”, “our”) collects, uses and discloses your personal information while on our sites owned or operated by us at www.phenom.com, and our platform (the "Site"), and in connection with the services provided by us (the "Service", the "Phenom People Service").

This privacy policy does not relate to any personal information that Phenom People collects on behalf of, or under the direction, of its Clients. When you log on to the Site you will have access to the privacy policy of the prospective employer that is a client of Phenom. This privacy policy should explain how they process your personal information and your rights in relation to such information. We may be asked by our Clients to amend, update, or delete your personal information on behalf of our Clients in which case we will do so in accordance with the terms of our contract with our Clients.

1. The personal information that we collect and use

The information that we collect directly from you includes your name, email address, and phone number that you provide when you use our Service. If you choose not to provide the information requested, it may limit the ability of Phenom People to provide you with a specific service or particular content.

We also collect certain information about you and your device in accordance with our cookie policy.

We do not actively request or collect special categories of personal information unless you provide this to us when you use our Site and Service.

2. How we use your personal information and the basis on which we use it

We use your personal information to:

provide our Site and Services e.g. allow you to request a demo and complete a job application;
deal with your enquiries and requests;
verify your identity;
contact you in connection with your use of the Site and Service; and
contact you with marketing and offers relating to products and services offered by us (unless you have opted out of marketing, or we are otherwise prevented by law from doing so).

We must have a legal basis to process your personal information. In most cases the legal basis will be one of the following:

to fulfill our contractual obligations to you, for example to provide the Site and Service;
to meet our legitimate interests, for example to understand how you use our Site and Services and to enable us to derive knowledge from that to enable us to develop new services, such as for the purpose of fraud monitoring and prevention, audits, and to promote the safety and security of the Site. When we process personal information to meet our legitimate interests we put in place robust safeguards to ensure that your privacy is protected and to ensure that our legitimate interests are not overridden by your interests or fundamental rights and freedoms; and
we may obtain your consent to collect and use certain types of personal information when we are required to do so by law (for example, in relation to our direct marketing activities, cookies and tracking technologies or when we process sensitive personal information). If we ask for your consent to process your personal information, you may withdraw your consent at any time by contacting us using the details at the end of this privacy policy.

3. Your rights over your personal information

In certain countries (for example in the UK and EU) you may have the right under applicable local law to request access, change or delete certain personal data that we hold in relation to you, or to object to or restrict the processing of certain personal information, receive personal information in a usable electronic format and transmit it to a third party (also known as the right of data portability), and lodge a complaint with a local data protection authority.

We will contact you if we need additional information from you in order to honor your requests.

If you want to update the information that we hold about you or if you no longer desire our Service, you may correct, delete inaccuracies, or modify the information we hold by sending an inquiry using our online Privacy Webform. Given the nature of the services that we provide we may have shared your personal information with employers and other third parties. You may need to make requests to such third parties in accordance with the instructions in their privacy policies if you require them to update the records that they hold about you.

If you want to discuss or exercise any of your rights under this policy, please contact our online Privacy Webform.

4. Information Sharing

We may share your personal information with third parties under the following circumstances:

Phenom People Clients: Phenom People works with Clients to provide the Service. Information about your use of the Service and visits to the Site may be shared with the specific Client for which you visited the Site and to which you subscribed. Clients using Phenom People Services to attract job applicants may receive or access your personal information in conjunction with their use of the Services.
Service providers and business partners: We may provide your personal information to companies that provide services to help us with our business activities, such as sending emails or SMS text messages through the platform, live help feature or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.
Law enforcement agency, court, regulator, government authority or other third party: We may share your personal information with these parties where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
Asset purchasers: We may share your personal information with any third party that purchases, or to which we transfer, all or substantially all our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this privacy policy.

5. Information Security and Storage

We implement technical and organizational measures to ensure a level of security appropriate to the risk to the personal information we process. These measures are aimed at ensuring the on-going integrity and confidentiality of personal information and include the encryption of personal information using secure socket layer technology. We evaluate these measures on a regular basis to ensure the security of the processing.

6. International Data Transfers

Your personal information may be transferred to, stored, and processed in a country other than the one in which it was provided, which may not be regarded as ensuring an adequate level of protection of your personal information under applicable law. When we do transfer your personal information, we put in place appropriate safeguards (such as standard contractual clauses) in accordance with applicable data protection laws. For more information on the appropriate safeguards in place, please contact us using the contact details set out at the end of this privacy policy.

EU-U.S. DPF, THE UK EXTENSION TO THE EU-U.S. DPF, AND THE SWISS-U.S. DPF

Phenom People complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Phenom People has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom in reliance on the UK Extension to the EU-U.S. DPF. Phenom People has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Phenom People Inc. is responsible for the processing of personal data it receives, under the Data Privacy Framework, and subsequently transfers to a third party acting as an agent on its behalf. Phenom People complies with the Data Privacy Framework Principles for all onward transfers of personal data from the EU, the United Kingdom and Switzerland, including the onward transfer liability provisions.

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

Under certain conditions, more fully described on the Data Privacy Framework website you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

If you do not receive timely acknowledgment of your DPF Principles-related complaint from us or if we have not addressed your DPF Principles-related complaint to your satisfaction, Phenom People commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and/or the Swiss-U.S. DPF to ANA DPF Dispute Resolution, an alternative dispute resolution provider based in the United States.

Please visit ANA DPF Dispute Resolution for more information or to file a complaint. The services of ANA DPF Dispute Resolution are provided at no cost to you.

https://ana.net/dpf-consumers

7. Changes to this policy

We may update this privacy policy from time to time. If we make any material changes, we may notify you by email (sent to the email address specified in your account), by means of a notice on this Site prior to the change becoming effective, or by posting the updated privacy policy on this Site. We encourage you to periodically review this page for the latest information on our privacy practices.

8. Contact Us

If you have a question about this privacy policy, or wish to inquire about our personal information handling practices, please contact us as follows:

Phenom People, Inc.
300 Brookside Avenue
Building 18, Suite 200
Ambler, PA 19002

or use our online Privacy Webform.

THE FOLLOWING IS ONLY APPLICABLE TO USERS LOCATED IN CALIFORNIA, NEVADA AND DELAWARE

Privacy Notice for California, Nevada, and Delaware Residents (“Privacy Notice”)

The California Consumer Privacy Act of 2018 (“CCPA”), and its implementing regulations, as well as Nevada Revised Statutes Chapter 603A.300 et seq and Delaware Online and Personal Privacy Protection Act, require us to make certain disclosures regarding our privacy practices.

This Privacy Notice applies to personal information of California and Nevada residents that we collect, use, and disclose on the Site as part of the Service. Phenom employees are subject to a separate privacy policy.

For the purposes of this section only, “personal information” means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.

Collection, Use, and Disclosure of PI

We may hold data on you in our role as a service provider to a client company, and we may hold data about you on our own behalf. We collect, use, and disclose personal information as follows:

Categories of Personal Information We May Collect

Identifiers: name, postal address, online identifier, internet protocol address, email address, phone number.
Commercial information: products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or other electronic network activity information: browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement
Audio and Video: if you visit our facilities that employ CCTV, we may capture your likeness on video as you pass through secured areas.

How We Collect Personal Information

We have collected the above categories and types of personal information directly from individuals through our website or during customer support contact, directly from our business customers, and through business documents such as our contracts and other shared documents. We also collect personal information automatically using cookies and similar trackers.

Please refer to our cookie policy for further details.

How We Use Personal Information

We may use your personal information for the following business purposes:

providing the Service to our business customers.
fulfilling your requests.
communicating with you about our Services or the Site;
conducting business together.
protecting our legal interests and abiding by our legal obligations.
protecting the security of our systems and facilities.
analyzing our business and web site performance; and marketing to you (with your consent, as required by applicable law).

How We Share Personal Information

We may disclose your personal information with third parties for a business purpose. These third parties include analytics providers and other service providers under contract to us. These service providers are prohibited from using your personal information except at our direction. We may also disclose your personal information to government entities or other third parties associated with legal or tax requirements, or in the case of a proposed merger, acquisition, asset sale, or other corporate transaction.

Your Choices

Please refer to the Contact Us section above if you would like to update their information on the Phenom platform.

The Site does not currently respond to “Do Not Track” signals.

Your Rights as a California Resident

If you are a California resident, you have certain rights (subject to certain limits under California law), such as:

Right to Know and Right to Request Information

You may have the right to request that we disclose what personal information we collect, use, disclose or sell. You have the right to request information about the personal information we’ve collected about you within the last twelve months. You may request to know if we have collected, sold, or shared with third parties for a business purpose the following information:

The categories of personal information we have collected about you;
The categories of sources of personal information we collected about you;
Our business or commercial purpose for collecting or selling personal information about you;
The categories of third parties with whom we share personal information;
The specific pieces of personal information we have collected about you;
Whether we have sold your personal information and if so the categories of personal information that each category of recipient purchased; and
Whether we have disclosed your personal information for a business purpose and if so, the categories of personal information that each category of recipient received.

You may request this information no more than two times per year.

Right to Request Deletion

You have the right to request that we delete the personal information we have collected about you. Under certain circumstances we may be unable to delete your personal information; for example, to comply with legal obligations, or for our legitimate business purposes.

Right to Opt-Out of the Sale of Personal Information

The CCPA provides California residents the right to opt out of sales of their personal information to third parties. We do not engage in sales of personal information and have not sold the personal information of California or Nevada residents in the preceding twelve months. We also do not sell the personal information of minors under the age of 16 years of age. This fact notwithstanding, you can submit a request to be opted out of any future data sales by sending a request using our online Privacy Webform.

Right to Non-Discrimination

You have a right not to receive discriminatory treatment for exercising your privacy rights under the CCPA.

To exercise your rights as a California resident, you may make a request in the following ways:

Using the online Privacy Webform; or
calling our toll-free number at 1-800-501-4049

When you submit a request, we will verify your request and identity, and we reserve the right to take additional steps necessary for verification. For example, we may seek to establish your identity by requesting additional information from you that we can match with information that we have in our records.

You may designate an authorized agent to make a request to know or a request to delete your personal information by providing the authorized agent written permission to do so; and by verifying your own identity with us directly. We will deny any requests from agents that do not submit proof of authorization. Requests submitted via authorized agents will be subject to similar verification processes as direct requests.

If you wish to exercise your rights pertaining to the personal information we may hold about you as a service provider to a client company, please direct your request(s) to that company.

Changes to this policy

Contact Us

If you have a question about this privacy policy, or wish to inquire about our personal information handling practices, please contact us as follows:

Phenom People, Inc.
300 Brookside Avenue
Building 18, Suite 200
Ambler, PA 19002

or use our online Privacy Webform