Our Privacy Policy

Last updated: 14 August 2023

Welcome to VIZZY’s Privacy Policy. Please read this carefully before using www.VIZZY.com or such other domains we may provide from time to time (together, our“Websites”), creating an account to access our platform (“Platform”), including to create a profile (“Profile”).

VIZZY respects your privacy and is committed to protecting your personal data. This Privacy Policy explains how we look after your personal data when you visit our Websites, set up an account to access our Platform and/or create a Profile (regardless of where you visit it from). This Privacy Policy also to tell you about your privacy rights and how the law protects you – see in particular Section 9 of this Privacy Policy.

Please note that if you are an individual employee or prospective employee of a VIZZY customer, this Privacy Policy does not apply to the personal data you provide relating to specific questions or invites from the relevant VIZZY customer. For more information on your privacy rights and your employer’s/prospective employer’s privacy practices, please refer to your employer’s/prospective employer’s privacy notices. Where this is the case, we are a ‘data processor’ under the EU’s General Data Protection Regulation (“EU GDPR”), the GDPR as it applies to the UK (“UK GDPR”) and the UK Data Protection Act 2018, or a ‘service provider’ under the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”), and your employer is the ‘data controller’ under the EU GDPR and UK GDPR or the ‘business’ under the CCPA and CPRA.

If you are a VIZZY customer, please refer to our VIZZY Customer Agreement for information on the collection, use, and sharing of personal data.

The areas covered in this Privacy Policy are set out below. Please also use the Glossary in section 10 below to understand the meaning of some of the terms and phrases we have used in this Privacy Policy.

What’s included in this Privacy Policy?

1. IMPORTANT INFORMATION AND WHO WE ARE

2. THE DATA WE COLLECT ABOUT YOU

3. HOW IS YOUR PERSONAL DATA COLLECTED?

4. HOW WE USE YOUR PERSONAL DATA

5. DISCLOSURES OF YOUR PERSONAL DATA

6. INTERNATIONAL TRANSFERS

7. DATA SECURITY

8. DATA RETENTION

9. YOUR LEGAL RIGHTS

10. GLOSSARY

1. IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy policy

This Privacy Policy aims to give you information on how VIZZY collects and processes your personal data through your use of the Websites and/or Platform, including (without limitation) any data you may submit to us when you: (i) request to hear about us; (ii) open an account for yourself or your business; (iii) subscribe to services we provide (“Services”); (iv) create a Profile; and/or (v) complete assessments and provide information while using our Services.

The Websites and Platform are not intended for individuals below the age of 18 and we do not knowingly collect data relating to persons below this age.

It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.

Controller

Thinking Sky Blue Limited is the controller and responsible for your personal data (collectively referred to as “VIZZY”, “we”, “us” or “our” in this Privacy Policy).

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Our contact details

  • Full name of legal entity: Thinking Sky Blue Limited
  • Company registration number: 12990046
  • Registered and postal address: The Dairy, Manor Courtyard, Aston Sandford, Bucks, England, HP17 8JB.
  • Email address: [email protected]

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk) or any other competent data protection authority in the relevant jurisdiction. We would, however, appreciate the chance to deal with your concerns before you approach the ICO or the other relevant authority so please contact us in the first instance.

Changes to this Privacy Policy and your duty to inform us of a change

We keep our Privacy Policy under regular review. This version was last updated on the date as shown at the top of this Privacy Policy.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

The Websites and/or Platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Websites or Platform, we encourage you to read the privacy policy of every website you visit.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, gender and/or preferred pronouns.
  • Contact Data includes billing address, delivery address, email address and/or telephone numbers.
  • Financial Data includes bank account and/or payment card details.
  • Transaction Data includes details about payments to and from you and other details of subscriptions, products and Services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Websites and/or Platform.
  • Profile Data includes your account name, username and password, purchases or orders made by you, or subscriptions you sign up to receive, your user-generated content, including in relation to your interests, work preferences, feedback and survey responses. We do not encourage you to submit this type of data but in the course of uploading content to your Profile, you might voluntarily provide us with sensitive personal data (relating to your trade union membership, ethnic or racial origin, political opinions, health or sexual orientation, for example).
  • Usage Data includes information about how you use our Websites, Platform, other products and our Services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
  • Application Data includes information that you share with us as part of an application for a job at VIZZY, submitted either directly on the Websites or Platform, or indirectly, including but not limited to, via a recruitment agency, unsolicited application or third-party recruitment platform. In the course of making an application you may choose to voluntarily provide us with sensitive personal data relating to whether reasonable adjustments ought to be made for you in the application process or subsequently if an employment relationship is established. However, you must not share any sensitive personal data with us that would not be necessary for us to make reasonable adjustments for you, e.g., political opinions, religious beliefs or specific information on your state of health.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

Other than as set out above, and always only when you voluntarily provide such information, we do not collect special category personal data and you must not upload data relating to criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with access to our Platform or the provision of our Services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

  • Direct interactions: You may give us your Identity Data, Contact Data, Financial Data and/or Application Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    • create an account on our Website(s) to access our Platform;
    • apply to receive our Services;
    • subscribe to our Services or any publications;
    • request marketing to be sent to you;
    • enter a competition, promotion or survey; or
    • give us feedback or contact us.
  • Creating, editing and uploading information and content to Profiles: You may voluntarily give us your Identity Data, Contact Data and Profile Data when you upload user-generated content to your Profile or use features and functionalities on our Platform to interact with other users of our Websites and/or Platform.
  • Automated technologies or interactions: As you interact with our Websites and/or Platform, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our Cookie Policy for further details.
  • Third parties or publicly available sources: We will receive personal data about you from various third parties and public sources as set out below:
    • Identity Data and Contact Data:

      • As set out above, your employer or prospective employer, or someone you work with, may from time to time provide personal data to us that relates to you (for example, your email address) so that you can initially create an account on our Platform.
    • Technical Data, Financial Data and Transaction Data:

      • We may receive personal data about you from an integrated application or website (including social media platforms), our payment providers and/or our website security service partners, particularly if there is any misuse of the Websites or Platform, including the introduction of viruses or other malicious software.
    • Application Data:

      • If you apply for a job with us, we may receive personal data about you from your previous employer or other reference, or via a recruitment agency.

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you, including to give you free access to and allow you to use our Websites and/or Platform on the basis of you agreeing to this Privacy Policy and our Terms of Use.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.

See Section 10 to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to your some of your Profile Data. We will also request your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

We do not use automated decision-making (including profiling) to make decisions about you with legal or similarly significant effects.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific lawful basis we are relying on to process your personal data where more than one lawful basis has been set out in the table below.

Purpose/ActivityType of dataLawful basis for processing including basis of legitimate interest

To register you as a new customer or user

(a) Identity

(b) Contact

Performance of a contract with you

To process and deliver your order for our Services including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or Privacy Policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers and users use our products/services)

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers and users use our products/services, to develop them and grow our business)

To administer and protect our business, Websites and/or Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant content on the Websites and/or Platform and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers and users use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics and other automated processing technologies to improve our Websites, Platform, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

(c) Profile

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Websites and/or Platform updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased or subscribed to Services from us and you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by logging into the Platform and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a Service subscription, Service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Websites or Platform may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookies Policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

Please note that when you create a Profile in a public area of the Platform, this can be shared by you or others and be accessed by anyone with your Profile-specific URL. Third parties could then download, save, copy or otherwise use your personal data. While we disallow this in our Terms of Use, we have no control over such third parties and cannot prevent this from happening on our Platform. Therefore, only include personal data you are comfortable to be accessed and used in this way by any third party and use all due care and consideration in such decision to upload content. You should avoid posting any personal data that could physically locate you, such as your address, and must never upload private information such as passport numbers and identity documents, financial information or social security details.

You can manage the visibility of some of the content on your Profile in your account or by contacting us.

We may share your personal data with the parties set out below for the purposes set out in the table above.

  • Third Parties as set out in the Glossary.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.
  • Your employer or prospective employer who we have a contract with.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. 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 and in accordance with our instructions.

We may also disclose your personal information if we are under a duty to disclose or share your personal data to comply with any legal obligation or in order to enforce or apply our Terms of Service and other agreements or protect the rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.

6. INTERNATIONAL TRANSFERS

Some of our external third parties may be based outside the UK or EEA so their processing of your personal data will involve a transfer of data outside the UK or EEA.

Whenever we transfer your personal data out of the UK or EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • Where we use certain service providers, we may use specific contracts approved for use in the UK or EEA (including the EU Standard Contractual Clauses and the UK International Data Transfer Agreement and/or Addendum, as applicable and amended from time to time) which give personal data the same protection it has in the UK or EEA.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or EEA.

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. DATA RETENTION

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

We are required by law to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers.

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

You have the right to:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
    • If you want us to establish the data's accuracy.
    • Where our use of the data is unlawful but you do not want us to erase it.
    • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
    • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

10. GLOSSARY

Key terms

  • Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
  • Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  • Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

  • Service providers acting as processors based in the UK, EEA or internationally who perform functions on our behalf in relation to the Websites and/or Platform or otherwise in connection with the running of our business, recruiting candidates and for the provision of our Services (for example, providing psychometric testing APIs, processing credit card payments, website hosting, conducting surveys and market research, providing social media analysis, providing marketing email services, data analysis tools and to manage user support services and communications).
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK, EEA or internationally who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the UK who require reporting of processing activities in certain circumstances.
  • Third party brands acting as processors or controllers based in the UK, EEA or internationally with which we collaborate on products, services, competitions and campaigns, including those who may join VIZZY as a commercial customer on our Platform.
  • Media agencies and advertising partners acting as processors or controllers based in the UK, EEA or internationally in order to run targeted marketing campaigns (please see our Cookies Policy for further information on online advertising practices).
  • Government authorities acting as controllers based in the UK, EEA or internationally and to other third parties as required or permitted by law, including but not limited to in response to court orders. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of our Platform, or anyone else that could be harmed by such activities.