Privacy

GDPR Compliance

Last Updated: September 1st, 2018

This Data Protection Notice has been adopted to apply to Personal Information (PI) that FifthTheory, LLC (aka, ‘FifthTheory’) may receive in the U.S. from its customers in the EU, EEA or Switzerland related to assessment products and services we provide. This is relevant to PI processed in our role as a Data Processor.

Consent

Importantly for EU/EEA persons, by completing the assessment that follows, you are providing specific and informed consent for your PI and Data to be sent to FifthTheory in the U.S. for processing and reporting on behalf of the organisation (‘Organisation’) that asked you to take the assessment. If you do not give your consent to this transfer, DO NOT proceed with the following assessment, and close this browser now. Finally, you may view specific details about your rights with the EU’s GDPR by clicking on the url link below.

Voluntary Processing

Providing your PI is entirely your choice. You are not obligated by law to do so. It is, however, necessary for completing this assessment and processing the Assessment Data to inform the Organisation of your potential suitability in its decision making, which may lead to an employment contract. If you choose to not allow processing of your PI and Assessment Data by FifthTheory, LLC, including transfer to the U.S., you may not receive further consideration by the Organisation that requested you to complete this assessment or survey.

Our Role

FifthTheory utilizes an assessment and scoring service provided by an organization that is an EU-U.S. Privacy Shield certified participant. FifthTheory is providing this assessment service on behalf of the Organisation that has asked you to complete the assessment, which is the Data Controller (‘Controller’). The PI you provide during this assessment will be securely processed by FifthTheory as a Data Processor (‘Processor’) in the U.S. following written directions given to us by the Organisation. We will evaluate your responses to the assessment ('Assessment Data') and provide results to the Organisation in an assessment report. It is necessary to process your PI in order to ensure the Assessment Data is evaluated and reported to the Organisation correctly for your responses.

We may also process ‘Non-PI Data’ (e.g., job qualifications, work history) you provide during the assessment process or ‘Employment Data’ (e.g., work unit, job tenure, performance rating) about you that we collect from the Organisation with written direction by the Organisation. Non-PI Data and Employment Data may be processed for determining and improving the effectiveness of the assessment instrument. Your PI will first be excluded from the data file when Assessment Data and Other Data are analyzed for this purpose.

Organization’s Role

FifthTheory, LLC does not perform the duties of a Data Controller. The Organisation, which is the Data Controller, is responsible to inform you of:

• the lawful basis for processing your PI,
• the purpose for which it is being collected,
• the way in which it will be used,
• persons to whom it may be disclosed,
• the expected period of retention and any further processing,
• the fact that it is being transferred to the U.S. for processing with appropriate safeguards,
• general measures taken to protect security and privacy of your PI and the Data,
• your rights in regard to the control of your PI,
• the identity of the Organisation’s GDPR representative in the EU with contact information, and
• the identity of the Organisation’s Data Protection Officer, where applicable, with contact information.

Data Access: To access or correct your PI, Non-PI Data or Employment Data that has been collected, please contact the Organisation. In accord with the Contractual Clauses that govern FifthTheory, LLC’s activity as a Processor, the Organisation must notify us of your request and specify what we are to do in order to comply. Assessment Data cannot be accessed or corrected because it is proprietary information.

Automated Profiling: In the case where an assessment is completed for personnel decision making purposes, FifthTheory may apply automated, scientific-based algorithms to your responses to generate a profile of your likely work-related attitudes and behaviors. The algorithms are based on research demonstrating their predictive value. The profile forms an input for recommendation of your suitability to perform in certain job roles for which you may be considered by the Organisation. However, the profile and recommendation are not necessarily the sole basis for determining your suitability. You should contact the Organisation with any questions or for more information about how it is used.