Privacy Notice

Revised: 12/2/2015

Introduction

Mercer (US) Inc. ("Mercer") respects your privacy and we are committed to protecting it, as set forth in this Privacy Notice ("Privacy Notice").

This Privacy Notice describes the personally identifiable information that Mercer collects about you when you access, browse, register for, download or use our Mercer Match product for prospective job candidates, and how we use and share that personally identifiable information. This includes our collection of information in connection with (a) the Mercer Match product for prospective job candidates, including any games, functionality and any other services or content included in it ("Mercer Match"), whether offered through the Mercer Match app (the "App"), the Mercer Match web site and, as applicable from time to time, other web sites and platforms, or portions thereof, that are under Mercer's control and contain information and other content about Mercer Match (when we refer to such web sites and platforms, excluding the Mercer Match product or service itself accessed through such web sites and platforms, the “Site”), and (b) any related software, functionality and other services and content that we offer to you through Mercer Match or for which we expressly state that they are to be governed by this Privacy Notice (Mercer Match, the App, the Site and the related software, functionality and other services and content collectively, the "Services").

This Privacy Notice applies only to the Services, as described above. It does not apply to (1) information collected by companies that we do not own or control, to persons we do not employ, or to websites, apps or other products or services that we do not either own or operate or have operated on our behalf (such as companies that may link to our Site or sites to which we may provide links or other access from our Site or the Services), or (2) information collected in connection with any of Mercer's other websites, apps or other products and services, excluding the Services (unless in connection with such other product or service we inform you expressly and specifically that this Privacy Notice also applies to your personally identifiable information we collect in connection with such other Mercer product or service). This Privacy Notice also does not apply to information Mercer collects offline or obtains from third party sources lawfully permitted to provide such information to us; for such information, the applicable legal terms and requirements for those contexts would apply.

PLEASE READ THIS PRIVACY NOTICE CAREFULLY SO THAT YOU UNDERSTAND OUR POLICIES AND PRACTICES FOR WHAT PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT, USE AND SHARE THAT PERSONALLY IDENTIFIABLE INFORMATION. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY NOTICE, THEN DO NOT ACCESS, BROWSE, REGISTER FOR, DOWNLOAD OR USE THE APP, THE SITE, ANY CONTENT THEREIN OR ANY OTHER PART OF THE SERVICES, NOR CLICK "I AGREE," OR “CONTINUE” TO THE TERMS OF USE FOR THE SERVICES. ANY OF THOSE ACTIONS WILL MAKE THIS PRIVACY POLICY BINDING ON YOU.

Changes to this Privacy Notice

Please be aware that we may change this Privacy Notice from time to time, including to reflect industry initiatives or to reflect changes in the law or changes in the collection of and/or our practices relating to personally identifiable information, in the features of these Services, in technology or business changes, or for other reasons.

Modifications to this Privacy Notice are effective as of the date we post the change or, if applicable, the later date we specify in the updated Privacy Notice – the effective date of the then-current version of the Privacy Notice will be noted at the top of this Privacy Notice, as the "Last Updated" date. Except to the extent that you may consent to otherwise, the modified Privacy Notice will be effective with respect to personally identifiable information collected from and after the effective date of the modified Privacy Notice. We will notify you of the changes to this Privacy Notice either by posting a notice of the changed Privacy Notice on or through the Services, or by sending an email to the most recent contact email address we have for you. You must keep your contact email address with us current so that you receive these notices. If we give you notice by posting a notice of the changed Privacy Notice on the Services, then for at least 30 days after a changed Privacy Notice is posted, we will note on the link to the Privacy Notice on the Mercer Match home page or screen or their equivalent on the applicable Service, indicating that the Privacy Notice has changed. If you access, browse, download or use of any of the Services after the foregoing notice, you are deemed to accept the modified Privacy Notice. Accordingly, it is important that you check the "Last Updated" date of this Privacy Notice when you access the Services, as well as regularly visit and review the Privacy Notice, to ensure that you are aware of our Privacy Notice and any changes we make to it.

You Must Be At Least 16 To Use Mercer Match

The Services are designed and intended for adults and minors at least 16 years of age. If you are not yet 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater), and not an emancipated minor, then you hereby represent and warrant to Mercer that you are at least 16 years old and that your parent or legal guardian has reviewed this Privacy Notice and consents to your disclosure of personally identifiable information in accordance with this Privacy Notice. If you do not fall within the preceding categories, please do not use the Services. We do not solicit or knowingly collect any information from visitors under 16 years of age. If we discover that we have any personally identifiable information of any individual under 16 years of age, we will delete such information from our files (to the extent reasonably able to do so from a technical perspective). If you believe that we have received personally identifiable information about a person under the age of 16, please contact us at info@mercermatch.com.

Optional and Ancillary Services

There may be optional or ancillary services offered to you through the Services which, unless expressly stated to be governed by a separate Privacy Notice, are to be governed by this Privacy Notice. Your use of the Services and making choices to receive such optional or ancillary services, constitutes your legal authorization for Mercer to use and disclose this information in connection with fulfilling those services and as otherwise provided in this Privacy Notice.

Personally Identifiable Information We Collect

For purposes of this Privacy Notice, "personally identifiable information" refers to information collected online that identifies you, or is about you and is maintained in a way that identifies it as specifically relating to you.

We collect personally identifiable information about you that you submit to us directly, as well as information we collect automatically when you access, browse, register with, download or use the Services, and certain other information. In some circumstances, certain third parties may also collect personally identifiable information about you in connection with the Services. These categories are described below:

Personally Identifiable Information That You Submit:

Registration Data and User Profile. In order for you to be able to use the Services, you will have to register. As part of the registration process, we will ask you to provide us with certain information, including contact information such as your name and email address.

You may also have the option to add information to create and update your user profile, such as information relating to your education, work experience, current employment and skills, and information that may further help with job matching, such as your willingness to relocate and to which geographic regions, salary range information and other information about your preferences and requirements. In some versions of Mercer Match, you may also be able to upload a copy of your resume. In addition, if you log in via other services or platforms, such as Facebook, we may obtain user profile data about you that the service or platform permits third parties that use their log-ins to access.

Your Game Inputs and Results. When you play any of the games, take any quizzes or answer any of the questionnaires included in the Services to identify certain of your traits (the "Games"), we collect certain of your answers and other inputs in the games, quizzes and questionnaires. We also generate information about certain of your traits based on such answers and other inputs ("Game Results").

Transaction Information. To process certain transactions, such as for premium services we may offer from time to time, we may collect certain financial information, though we do not collect credit card information. Credit card transactions are handled directly by our payment processor.

Content You Upload We may make available to you certain blogs, job discussion and special interest forums, messaging functionality and other communications functionality ("Communications Tools") pursuant to which you may elect to upload information and content (any such information, including data, resumes and other documents, articles, presentations, software programs and data files, video files, audio files, graphical images and other content, we refer to as "Content"). You will have the ability in your user profile settings to exercise certain control over your personally identifiable information that is made available to potential employers and other users. However, please note that no system security measures are perfect or impenetrable. We also do not control any third parties to whom you disclose such information through the Services. While we do use commercially reasonable efforts to protect your personally identifiable information, as described below (see Security of Personally Identifiable Information), there can be no guarantees of complete security against unauthorized use or disclosure of Content, and we do not provide any such guarantees.

Information Obtained From Additional and Optional Services. As we noted above, we may from time to time offer additional or optional services. There may be personally identifiable information collected in these instances. We will inform you in those instances of any additional personally identifiable information we collect if different from what we have described in this Privacy Notice and, unless we specify otherwise in connection with any such additional or optional services, this Privacy Notice will apply to the personally identifiable information we collect in connection with those services. Please review the specific terms and conditions of each of those services that may be offered.

Other Information and Content. We may also collect additional information when we provide customer support services, and when you otherwise contact us, including for purposes of logging and tracking any request, providing our Services and any related follow-up. Also, we strive to innovate and improve our Services, so there may be occasions where we may reasonably request or collect other personally identifiable information in connection with innovations and new functionality. If we begin to collect substantially different types of personally identifiable information or we materially change how we use your personally identifiable information, we will notify you by updating this Privacy Notice or otherwise notifying you. You are always able to terminate your account with us, subject to the terms and conditions set forth in this Privacy Notice, including our refund policy (see Payment Terms and Refunds in the Terms of Use), data retention policies (see Data Retention below), and the other terms of the Agreement.

No Obligation to Provide Personally Identifiable Information. In none of the above instances are you required to provide any of your personally identifiable information. However, if you decline to do so, it may prevent you from using all or part of the Services, or the Services may not function optimally or properly.

Personally Identifiable Information That We Collect Automatically:

Personally identifiable information that we collect about you automatically as you visit or use the Services include:

Information About Your Internet Connection and Device. When you access the Services, we may collect information in connection with the operation of our Services. While the information collected may vary, it may include the domain name, IP address, Internet service provider, operating system, browser type and version and platform, and possibly certain other Web or other communications protocol header information.

If you access the Services from a mobile device, we may also collect information regarding your phone and your mobile services, such as your mobile carrier and mobile device identification information. We also seek to access your geolocation information. You may elect not to allow us access to geolocation information, though that may preclude us from providing certain services to you, such as services that rely on knowing your geolocation.

Information About Your Services-Related Online Activities. We collect certain clickstream and other surfing activity data when you use the Services, and certain information, including click-through data such as the referring URL, in connection with advertising links and applications for the Services that we may provide on third-party web sites and platforms that you may access.

Other Information That We Collect:

Anonymized and Aggregated Data. We collect or generate anonymized information and aggregated information from your and other individuals' personally identifiable information that we collect or generate in connection with the Services. This may include anonymized and/or aggregated compilations, reports and characterization data regarding user demographics and traffic patterns.

Cookies and Other Tracking Data. We collect certain information through the use of cookies and other technology. This information is discussed in more detail in the "Tracking Technology" section below.

Note Regarding Third-Party Processing of Credit Card Transactions. If we charge for any of the Services, such as fees if we introduce fees for the Services generally or fees for premium functionality or services, your credit card or payment information is collected directly by a third-party payment processor to process the payment and remit it to us; we do not receive credit card or equivalent information for other payment systems, as applicable, such as PayPal, Apple Pay or Google Wallet electronic payment information, from you. Please refer to the terms and conditions of the payment processor when they process your payment. If we use other payment processing methods, the arrangements for such other processing methods may be different. If for such other payment methods we do collect any credit-card-equivalent electronic information to process payments, rather than have a payment processor collect such information, we will update this Privacy Notice or notify you in connection with processing such transactions.

Supplemental Information. We may supplement the personally identifiable information we obtain from you through the Services with additional personally identifiable information gathered from other sources, including public sources or from third parties who may lawfully provide such information to us. This Privacy Notice does not govern our use of such information; for such information, the applicable legal terms and requirements for those contexts would apply.

Tracking Technologies (Cookies, Beacons, Etc.) That We Use

Your use of the Services may be tracked using cookies and other techniques so that we can deliver information to you that is customized or otherwise enhanced for you, as well as to improve our products and services, and to monitor and improve operations and security of the Services.

A cookie is a small text file that a website stores on your computer to identify you during a visit and between visits. Local shared objects (LSOs), also known as flash cookies, are small files that can be stored by applications that use Adobe Flash. These files, which can be stored or retrieved when a user accesses a page containing a Flash application, can function similarly to cookies. Web beacons (also known as tracking bugs and in one variant, clear GIFs) are small, unobtrusive objects embedded in email or web pages, which allows a send to check whether a user has accessed the email or web content. Similar techniques may be used in connection with mobile devices. Like many web sites and apps, the Services use "cookies" and may use beacons, LSOs and similar tools, and analogous mobile device techniques, including authentication tokens and cookie-like files. We use these to enable our systems to recognize your browser and to help you navigate the Services more easily and efficiently. For visitors to the Services, cookies and possibly beacons and other tools are used to collect connection and clickstream data, which may include information such as the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; the Uniform Resource Locator (URL) from which you linked to the Services; and possibly certain other Web protocol header information. Your path through the Services (such as through collected clickstream data) and your use history may be collected and analyzed to deliver information that may be more relevant to you while you are on the Services, as well as for quality improvement and control, and security and system monitoring purposes.

If you disable cookies and similar technologies, functionality of the Services may be inhibited, and we cannot guarantee that the Services will function properly or present to you correctly through your browser or mobile device.

Third-Party Collection of Personally Identifiable Information

Links to and from Third Party Sites and Services

The Services may contain links or other connections to other sites or services that are operated by organizations other than Mercer or that you may have used to access the Services. Mercer is not responsible for the privacy practices of websites or other services operated by any other parties that are linked to or accessible from the Services. When you are on another party’s website, app or service or once you have left the Services via such a link or connection, you should refer to those websites' separate privacy policies and practices to determine how they will handle any personally identifiable information they collect from you.

Third Party Access to or Collection of Personally Identifiable Information

We currently use a third-party service provider to host and provide the Services. They may use tracking technologies, such as cookies, in connection with the Services. We do not permit our hosting service provider to use your personally identifiable information other than to provide services to us, except that they may retain and use information about our users in aggregated or otherwise non-personally identifiable form.

If you access the Services from a mobile device, your telecommunications services provider may collect information about you. Please consult such service provider's terms of use and privacy policy.

In addition, from time to time we use ad-serving and traffic-generating platforms and services, and advertising and data analytics services providers. We do not provide personally identifiable information to these third parties, other than for purposes of providing services to us (see the "Sharing and Disclosure of Information" section below for further information); however, these third parties may use cookies and other technologies in connection with their services, and they may independently collect personally identifiable information about you from other online activities of yours. In addition, you may be able to sign into the Services through Facebook and other third party platforms and services. Such third-platforms may obtain information about you from us, including that you are a user of our Services. We do not control such third parties or how they may use tracking technologies. If you have any questions about an advertisement or targeted content, or otherwise about the tracking of your activities, you should contact the responsible provider. To learn more about opting out of receiving targeted advertising from many providers, see this link.

How We Use Your Personally Identifiable Information

We use the personally identifiable information we collect from you for the following purposes:

  • To authenticate you when you visit or log on to the Services;
  • To provide the Services you request, and for any other purpose identified at the time you provide the personally identifiable information, and to communicate with you in connection with the Services and such other purposes;
  • To send you information about our products and services, except to the extent that you may opt out of receiving such information;
  • To carry out our obligations and exercise and enforce our rights under any contracts between you and us;
  • To manage our Services, and to enhance our Services, including by measuring and analyzing the number of visits, pages viewed and average time spent on the Services. We also use the information to create new products, services and features for our users, as well as to make customized marketing offers to you and other customers, based on things such as your expressed preferences and use history. We may enhance or merge personally identifiable information with your other information and with data from third parties in connection with these activities;
  • To the extent required to (i) protect or defend our legal rights or property, or the rights or property of our affiliates and ours and their employees, agents and contractors; (ii) protect the safety and security of users of these Services or members of the public, including by acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; and (iv) comply with the law or legal process; and
  • In anonymized and/or aggregate form to enhance our Services and to create new products, services and features for our users, and may also be provided to employers as well as to certain of our business partners in non-personally identifiable form. This allows us, employers and our business partners to develop innovations to reach relevant job seekers more effectively and advertise more effectively, and allows our users to receive information about employment opportunities and advertisements that are more pertinent to them. You acknowledge that we may use such information that is not in personally identifiable form without restriction or obligation to you.

Sharing and Disclosure of Information

We do not sell or, except as described in this Privacy Notice, otherwise disclose your personally identifiable information to unaffiliated third parties. We may disclose your personally identifiable information in the following circumstances:

Your Instructions: We may share information you submit on or to these Services for and in connection with the provision of Service(s) you have requested from Mercer. As well, you may select from optional Services, if offered, and if you do so, we will act on your instructions to share your information in order to fulfill your requests.

Mercer Companies: We may share your personally identifiable information with Mercer’s affiliates. These affiliates will have the same ability to use personally identifiable information to perform services for you and for the other purposes that we disclose in this Privacy Notice for which Mercer may use or disclose your personally identifiable information.

Disclosures to Prospective Employers and Other Third Parties: You acknowledge that the nature of the Services is such that disclosure of certain personally identifiable information about you to prospective employers and other third parties is inherently a part of the Services, as it relates to your profile data and Game Results. You will have the ability in your user profile settings to exercise certain control over the disclosure of your Game Results and other personally identifiable information that is made available to Employers and other users. For example, you will have an ability to designate your profile data and Game Results as private unless you would like to make it available to Employers and other users on the Services.

Content You Post for Others to View: You acknowledge that the Communications Tools that are made available for you to communicate with potential employers and other users are by their nature intended for making information and other Content available to third parties. You will have the ability in your profile settings to exercise certain control over how much the Content you upload is made available to other users. However, you should exercise caution as, once disclosed, it will be very difficult if not impossible to retrieve.

Agents, Service Providers and Other Contractors: Your personally identifiable information may be shared with our service provider(s) that host and/or provide the Services on our behalf, as well as other outside contractors or agents who perform services for Mercer to help develop, manage and run these Services. We currently use Pymetrics, Inc. as the core platform provider and host for Mercer Match, although we reserve the right to change our hosting provider from time to time without notice. These other companies may be supplied with or have access to your personally identifiable information. Mercer does limit the purposes to which your personally identifiable information may be used solely to performing services for Mercer consistent with this Privacy Notice, but please note that contractors may retain and disclose your personally identifiable information in certain circumstances, such as to maintain business records for legal and compliance purposes, and to disclose such information if required to comply with law, as required by legal process (such as in subpoenas), to protect their rights and rights of others. In addition, our core platform and hosting services provider, as well as certain services providers, such as advertising, traffic generation and web analytics services, may be receive information about our users in non-personally identifiable form.

As noted above in this Privacy Notice, we use a credit card payment processor to process payments and perform related services on our behalf, and may use other payment processors from time to time. Mercer does not obtain access to your sensitive credit card or other payment system information. Please refer to the payment processors' terms of use and privacy policies.

Legal Matters and to Avoid Harm: Unless otherwise described above, Mercer will not share your personally identifiable information with other nonaffiliated third parties, except Mercer may disclose your personally identifiable information, to the extent required or permitted by applicable law, in order to: (a) protect or defend its legal rights or property, or the rights or property of its affiliates and its and their employees, agents and contractors (including enforcement of its agreements); (b) protect the safety and security of users of these Services or members of the public, including by acting in urgent circumstances; (c) protect against fraud or for risk management purposes; and (d) comply with the law or legal process.

Business Transfers: In addition, if Mercer sells all or part of its business or makes a sale or transfer of all or a material part of its assets relating to Mercer Match, or is otherwise involved in a merger or transfer of all or a material part of its business relating to Mercer Match, then subject to applicable law, Mercer may transfer your personally identifiable information, and any other information we have collected in connection with the Services to the acquiring party or parties, or to their advisors, as part of that transaction without your consent. We or the successor will provide notice of such transfer using the same process we use to notify of changes to this Privacy Notice.

Testimonials: We may publicly post testimonials and other feedback about the Services we receive from you. If you wish to have your testimonial removed, you can contact us as specified below.

Where You Consent: We may disclose personally identifiable information in any other circumstances expressly stated in this Privacy Notice or with respect to which you provide consent.

Security of Personally Identifiable Information

Please note that you are responsible for maintaining the confidentiality of your username and password/PIN, and for restricting unauthorized access to the Services through your account information and through your mobile device or computer.

Mercer requires its service providers to maintain the Services and associated data with security procedures and practices intended to reasonably protect against the unauthorized access, use and disclosure of your personally identifiable information. The information you enter on the Services, including your username and password/PIN, are stored on data servers using reasonable security measures. However, we cannot guarantee that our computer systems or information on them can be fully protected against hazards and attacks. In addition, transmission of information over the Internet and other communications channels is not completely secure. Mercer is committed to providing reasonable and appropriate security controls to protect the Services and its information against foreseeable hazards, but to the extent permitted by applicable law, the transmission of information by you is at your own risk, and we are not responsible for circumvention of our security measures.

U.S. and International Use and Transmission of Data

All information that you submit or we collect through the Services is currently collected, stored, and processed in the United States, though we reserve the right to change the locations of such activities from time to time without notice. In addition, personally identifiable information may be accessed by Mercer and its affiliates, as well as service providers and other contractors of Mercer and its affiliates around the world. You hereby consent to the collection, transmission, storage and use of your personally identifiable information in this manner and as contemplated by this Privacy Notice.

Data Retention

We maintain copies of certain of your personally identifiable information for so long as your account remains active, and as further described in this section. We maintain records of your Game Scores and certain of your registration information and user profile for a period of time, for purposes of authenticating you if you decide to return to use Mercer Match and to maintain the integrity of the Games and of the Services generally (when retained for such purpose, we retain such information for one (1) year after you terminate your account). We also use and share with others data maintained in non-personally identifiable aggregate form indefinitely, for research and to improve and develop new products and services. In addition, Mercer has established records retention policies for the jurisdictions in which we operate. Mercer may be obligated by law to retain your personally identifiable information for varying periods of time, depending on the nature of the information and the legal requirements of the applicable jurisdiction. Accordingly, portions of your records may be retained for periods of time different than for other portions, depending on the nature of the records and which jurisdiction’s laws applies to them. We are also required to maintain records to comply with our own business requirements, and for reasons that include evidencing our work and providing materials to comply with the requirements of an audit.

We may also retain your information for a period of time in backup systems as a precaution against system failures, or as required to meet obligations to retain records in the event of a dispute or legal action in which we or our clients, may be involved. While you cannot request that personally identifiable information be deleted, we keep your personally identifiable information secure, and we will dispose of personally identifiable information as soon as practicable after we have fulfilled our retention requirements.

Correcting and Deleting Your Personally Identifiable Information; Closing Your Account; Marketing Opt-Out

We make tools available to you to allow you to access, modify and delete your profile information. You may also close your account at any time if you no longer agree with our Privacy Notice, by submitting a written request as set forth in the Terms of Use. We promptly will respond to your request and promptly not collect further personally identifiable information, but please note that (a) we and our service providers and other contractors may retain personally identifiable information if and as required to comply with applicable law (including legal proceedings) or legal archival records requirements or as otherwise described above pursuant to our data retention policies, (b) it may take some time for deletions to propagate through our and our service providers and contractors systems, and it may not be reasonably practicable to remove all copies, such as on back-up and archival systems, for some time until storage media is destroyed or reformatted, (c) copies of personally identifiable information that have been provided to third parties (other than our service providers and other contractors solely for providing services to us) in accordance with this, or the applicable version of the, Privacy Notice, are not retrievable, and certain third parties, such as search engines, may store cached versions of our Services that are not updated, and (d) please see our Terms of Use regarding our policies on refunding of any fees paid for the Services.

If you would like us to review, correct, update or delete your personally identifiable information, please contact Mercer at info@mercermatch.com.

You also have the right to opt out of receiving any future mailings from us by contacting us at that same address.

California Privacy Rights

Shine the Light Disclosure

Mercer does not provide your personally identifiable information to third parties for such third parties' direct marketing purposes.

California Civil Code Section 1798.83 permits California residents to request certain information regarding disclosure of such individual's personally identifiable information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@mercermatch.com. Please include information in your email that will allow us identify you so that we can most expeditiously respond to you.

Do Not Track Disclosure

We may from time to time retain the services of certain third-party services, such as ad serving and traffic generating services and analytics companies. We do not provide these companies with personally identifiable information about you (other than to provide services to us), but we do not control their activities, including whether they use cookies or independently track your online activities over time and across different web sites. We do provide these companies with information in aggregate or otherwise nonidentifiable form so as to provide them feedback, such as on the characteristics of traffic they direct to the Services.

We do not track your activity over time and across third-party web sites.

Contacting Us

This Web Site is operated by Mercer (US) Inc., 1166 Avenue of the Americas, New York, New York 10036 USA.

If you have any questions or concerns about this notice, please contact Mercer at info@mercermatch.com.