Privacy Statement
Effective: July 7, 2021
Introduction
This Peakon Privacy Statement (“Privacy Statement”) describes how we collect, use, disclose, transfer, and store your personal data for the activities described below, including when you visit our Site, visit our offices, receive marketing communications from us (including emails, phone calls or texts), register or attend our events or webinars, and for our business account management. This Privacy Statement describes your choices and rights related to your personal data.
A reference to “Peakon,” “Workday,” “we,” or “us” is a reference to Workday Limited which operates peakon.com and associated sites (collectively the “Site”) and is the data controller of your personal data as described in this Privacy Statement.
For the avoidance of doubt, this Privacy Statement does not apply to the extent we process personal data in the role of processor on behalf of Peakon customers. Please see our platform user privacy statement for more information.
Quick Links
We recommend that you read this Privacy Statement in its entirety to ensure you are fully informed; however, if you only want to access a particular section, click the relevant link below to jump to that section:
Cookies and Tracking Technologies
Your Rights Over Your Personal Data
Changes to this Privacy Statement
Personal Data We Collect
Personal Data We Collect Directly from You
When you complete an enquiry via our Site or register for a demo or otherwise contact us to request information about our products and services, you may choose to provide us contact information such as your name, employer, company email address and company telephone number.
If you use our “chat” function or similar features, register for an event, webinar, or download certain content, you may choose to provide us your contact information such as your name, job title, company name, address, phone number or email address.
If you contact or correspond with us (for example, using any support function made available by us) we may keep a record of that correspondence.
If you visit our offices, you may be required to register as a visitor and provide your name, email address, phone number, company name and time and date of arrival.
We collect business contact information for account management purposes related to the use of the Peakon platform.
Technical information
If you use and interact with our Site and/or emails, we automatically collect information about your computer or mobile device for system administration and analysis, including your IP address, URL clickstreams, unique device identifiers, operating system, and network and browser type.
We may also collect other information about your use of the Site, including the pages you have viewed, the duration spent, and how you navigate through the Site.
Personal Data Obtained from Third-Party Sources
We may also receive further personal data about you which is publicly available, such as your seniority, years of experience and employment history and similar work-related background, from third party service providers who provide contact enrichment and lead generation services to us.
We work closely with third parties (including for example, business partners, other companies within our group, subcontractors and analytics providers) and may receive information about you from them. Details of third party providers are set out in the section below entitled “Disclosure of Data”.
How We Use Your Personal Data
Where we have collected, received or generated personal data from or about you, we may use this for the purposes, and on the legal bases, as set out below.
Providing our Site and services. We process your personal data to provide you with access to our Site and services. We rely on our legitimate interest to operate and administer our Site and to provide you with content you access and request (e.g., to download content from our Site).
Promoting the security of our Site and services. We process your personal data by tracking use of our Site and services, creating aggregated, non-personal data, verifying users and activity, investigating suspicious activity and enforcing our terms and policies, to the extent this is necessary for our legitimate interest in promoting the safety and security of the services, systems and applications and in protecting our rights and the rights of others
Providing necessary functionality. We process your personal data to perform our contract with you for the use of our Site and services; where we have not entered into a contract with you, we base the processing of your personal data on our legitimate interest to provide you with the necessary functionality required during your use of our Site and services.
Managing user registrations. If you have registered for an account with us on behalf of your employer, we process your personal data by managing your user account for the purpose of performing our contract with your employer for our services.
Handling contact and user support requests. If you use our “chat” function or request user support, or if you contact us by other means including via a phone call, we process your personal data to the extent it is necessary for our legitimate interest in fulfilling your requests and communicating with you.
Managing event or webinar registrations and attendance. We process your personal data to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you to the extent it is necessary for our legitimate interest in managing events or webinars or, where necessary, to the extent you have provided your prior consent.
Developing and improving our Site and services. We process your personal data to analyse trends and to track your usage of and interactions with our Site and services to the extent it is necessary for our legitimate interest in developing and improving our Site and services and providing our users with more relevant content and service offerings, or where we seek your valid consent.
Assessing and improving user experience. We process device and usage data as described in ‘Technical information’ above, which in some cases may be associated with your personal data, in order to analyse trends to help us assess and improve the overall user experience to the extent it is necessary for our legitimate interest in developing and improving the service offering, or where we seek your valid consent.
Identifying customer opportunities. We process your personal data to assess new potential customer opportunities to the extent that it is in our legitimate interest to ensure that we are meeting the demands of our customers and their users’ experiences.
Registering office visitors. We process your personal data for security reasons, to register visitors to our offices, to the extent such processing is necessary for our legitimate interest in protecting our offices and our confidential information against unauthorised access.
Displaying personalised advertisements and content. We process your personal data to conduct marketing research, advertise to you, provide personalised information about us on and off our Site and to provide other personalised content based upon your activities and interests to the extent it is necessary for our legitimate interest in advertising our Site or, where necessary, to the extent you have provided your prior consent.
Sending marketing communications. We will process your personal data to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, or SMS) about us and our affiliates and partners, including information about our products, promotions or events as necessary for our legitimate interest in conducting direct marketing or, alternatively, to the extent you have provided your prior consent (please see the “Your Rights Over Your Personal Data” section, below, to learn how you can control the processing of your personal data by Peakon for marketing purposes).
Complying with legal obligations. We process your personal data when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of personal data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our Site, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests.
Disclosure of Data
We may share your personal data with other companies in our group, where necessary or desirable to do so in the course of providing services to you or in the course of undertaking marketing activities.
We may also share your personal data with selected third parties in accordance with this Privacy Statement, including:
subprocessors, service providers (for example of IT services), business partners and/or suppliers, in the course of undertaking marketing activities;
analytics and search engine providers that assist us in the improvement and optimisation of our marketing activities and the analysis of data supplied via the platform for contact enrichment and lead generation purposes; and government or other law enforcement agencies, in connection with the investigation of unlawful activities or for other legal reasons.
We require all our third party service providers and all other companies within our group to take appropriate and stringent security measures to protect your personal data in line with our policies. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes in accordance with our instructions.
We may also disclose your personal data to other third parties in the following circumstances:
if we sell or buy any business assets or receive investment into our business, we may disclose your personal data to the prospective or actual buyer, seller or investee of such business or assets;
if Peakon ApS or substantially all of its assets are acquired by a third party, in which case personal data held by us, including your data and data about our customers, suppliers and correspondents will be one of the transferred assets;
we may disclose your personal data to our legal advisers if they need to have access to this information in order to advise us on our legal rights and obligations; and
if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or other contracts between us and you or your employer (if applicable); or to protect the rights, property or safety of us, our customers or others.
Except as explained above, we will not disclose your personal data to any third parties for any other purpose unless we have a legal right or obligation to do so. Peakon ApS does not sell personal data that we collect or process under this Privacy Statement.
International Data Transfers
We operate as a global business and may transfer, store, or process your personal data in a country outside your jurisdiction, including countries outside the European Economic Area (EEA). However, we have taken appropriate safeguards with respect to the protection of your privacy, fundamental rights and freedoms, and the exercise of your rights. For example, if we transfer personal data from the EEA to a country outside it, such as the United States, we will implement an appropriate data transfer solution such as entering into EU standard contractual clauses with the data importer, or taking other measures to provide an adequate level of data protection under EU law.
Data Retention
We will not store your personal data for longer than is reasonably necessary to use it in accordance with this Privacy Statement or with our legal rights and obligations.
We will retain your personal data for a period consistent with the original purpose of collection (see the “How We Use Your Personal Data” section above).
For the avoidance of doubt, aggregated and anonymised data and any information other than personal data can be stored indefinitely.
Cookies and Tracking Technologies
Our Site uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.
Your Rights Over Your Personal Data
Depending where you are located, you may have certain legal rights over the personal data we hold about you, subject to local privacy laws. These may include the right to:
- Access the personal data we hold about you
- Have incorrect personal data updated or deleted
- Have your personal data deleted
- Restrict the processing of your personal data
- Object to the processing of your personal data carried out on the basis of our legitimate interests or for direct marketing purposes
- Receive a copy of your personal data in an electronic and machine-readable format
- Not be subject to a decision based solely on automated processing, including profiling, which produces legal effects or otherwise significantly affects you (“Automated Decision-Making”)
- Workday does not perform Automated Decision-Making as part of the processing activities covered by this Privacy Statement
- Receive the categories of sources from whom we collected your personal data
- Opt out of marketing communications at any time by clicking on the “Unsubscribe” or “Opt out” link in marketing emails we send you or by contacting us
- Complain to a regulator or data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority.
Workday will not discriminate against you for exercising your rights.
You, or an authorized individual that we can verify is acting on your behalf, can exercise the applicable rights by contacting us using the contact details at the bottom of this Privacy Statement or by submitting your request through our Request Portal.
If your personal data has been submitted to us by or on behalf of a Peakon customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable customer directly.
Consent
Where consent is required for our use of your personal data, by ticking the appropriate consent box or otherwise communicating your consent to us (whether by phone, email or other means), you consent to our use of that personal data as set out in this Privacy Statement. If you disclose someone else’s personal data to us, you confirm that you have their consent to disclose this to us and for us to use and disclose it in accordance with this Privacy Statement.
Security
We use technical and organizational measures that provide a level of security appropriate to the risk of processing your personal data. However, the security of information transmitted through the internet can never be guaranteed. You are responsible for maintaining the security of your password or other form of authentication involved in accessing password-protected or secured resources.
Changes to this Privacy Statement
This Privacy Statement may be amended or revised from time to time at our discretion. Changes to this Privacy Statement will be posted on the Site and links to the Privacy Statement will indicate that the statement has been changed or updated. If we propose to make any material changes, we will provide notice on this page prior to the change becoming effective. We encourage you to periodically review this Privacy Statement for the latest information on our privacy practices.
How to Contact Us
If you have any questions about this Privacy Statement, wish to exercise your rights, or to contact our Data Protection Officer, please submit your request through our Request Portal.
You may also contact us at the mailing address below:
Workday Limited
Attn.: Privacy
Kings Building
May Lane
Dublin 7 Ireland
Workday will respond to your request within a reasonable timeframe or as required by law.