Privacy Notice

Betterworks Systems, Inc. (“Betterworks”) is committed to protecting the privacy of people who visit Betterworks’ Websites (“Visitors”), companies and their end users who register to use the Betterworks services (“Customers”), and people who register to attend Betterworks’ corporate events (“Attendees”).

This Privacy Notice (“Notice”) describes Betterworks’ privacy practices as they pertain to the use of the Betterworks’ Websites (defined below) and the related applications, mobile applications, services, or events offered by or related to Betterworks (together, the “Services”). This Notice does not apply to any third-party applications or software that integrate with the Services (“Third-Party Services”), or any other third-party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Services (the “Agreement”), including the processing of confidential or proprietary data supplied by Customer to Betterworks through the use of the Services (collectively, “Customer Data”). The Customer (e.g., your employer or another entity or person) that entered into the Agreement controls the Customer-Betterworks instance of the Services and any associated Customer Data. Additional terms related to privacy may be addressed in the applicable Agreement related to your or your company’s use of the Services (defined below). In this Notice, the terms “we,” “us,” or “our” refer to Betterworks.

Contents

1. Overview
2. Betterworks Website & Mobile Application
3. Personal Information Processing
4. Information We May Collect
5. Our Disclosure of Personal Information
6. Your Choice
7. Updating Your Personal Information
8. Data Security
9. International Data Transfers
10. EU-US and Swiss-US Data Privacy Framework (DPF) Program
11. California Privacy Law (CCPA/CPRA)
12. Updating This Notice
13. Contacting Us

1. Overview

The Betterworks Intelligent Performance Management Platform provides continuous performance enablement to help employees easily set goals and give ongoing feedback. It seamlessly connects the four aspects of a performance process – goals, check-in conversations, peer feedback and reviews – to help improve performance and engagement.

2. Betterworks Websites & Mobile Application

This Notice applies to the websites that link to this Notice and the Services, including, but not limited to: https://betterworks.com; https://app.betterworks.com; https://engage.betterworks.com; and https://support.betterworks.com (collectively referred to as “Betterworks’ Websites” or “our Websites”), as well as to the Betterworks Mobile Application.

3. Personal Information Processing

Processing personal information of individuals (“Data Subjects”) requires a legal basis to ensure compliance with data protection laws, such as the General Data Protection Regulation (GDPR) in the European Union, or the California Consumer Privacy Act (CCPA) in the United States. Here are the primary legal bases for which Betterworks processes personal information:

Consent

• Description: The Data Subject has given clear consent for their personal information to be processed for a specific purpose.
• Example: The Data Subject agrees to receive marketing emails by opting in through a website form.

Contractual Necessity

• Description: The processing of personal information is necessary for the performance of a contract to which Data Subjects are a party.
• Example: Data Subjects are employees of a Customer that has entered into a contract with Betterworks for the processing of performance management data.

Legitimate Insterests

• Description: The processing of personal information is necessary for the purposes of legitimate interests pursued by the Customer, Betterworks, or a third-party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject.
• Example: The Customer has authorized Betterworks to process personal information in order to improve Betterworks Services.

Legal Obligation

• Description: The processing of personal information is necessary for compliance with a legal obligation to which the Customer is subject.
• Example: The Customer processes personal information to comply with employment regulations or legal requests.

4. Information We May Collect

Betterworks may collect and receive Customer Data, Personal Information, Attendee Information, and other information and data (collectively “Information”) in a variety of ways.

Customer Data

Customers or its employees granted access to the Services (“Authorized Users”) routinely submit Customer Data to Betterworks.

Account Information

When you as an Authorized User of a Customer have been granted access to the Services, we collect and store information about you as the end user. The personally identifiable information collected from you or your employer through the Services includes information in the “My Profile” section of the Services, such as your name, email address, employee photo, title, office location, and phone number (together, your “Personal Information”) We use this Personal Information to set up your account or allow administration and communication with you regarding your account. We may also use your email address to send you updates and to provide support in connection with the Betterworks’ Websites or related services. Whenever you like, you can change your account information and notification settings through the various Services.

Usage Information

When you log in to the Services, we collect and store information that you submit through the Betterworks’ Websites. We use this information to help you, your employer, and other users in your organization as part of the Services and as outlined in the Agreement (“Purpose”).

You acknowledge and agree we may collect and disclose Information to facilitate the Purpose. While in some cases you can make certain information private, by default most information is public to other users inside your company using the Services. Any Personal Information you provide to us is stored securely. We use and disclose this information only in accordance with this Notice (and the Agreement between Betterworks and your company). Betterworks is not responsible for the authenticity of the information you disclose while using the Services.

Events

When you register for or attend a corporate event or webinar, Betterworks will ask you to provide basic Attendee contact information, including your name, company, title, and email address (“Attendee Information”). We use this information to register you for the event, send you updates leading up to and following the event, and for providing more information to you regarding Betterworks and our select partners. Every marketing email you receive from us will have instructions on how to update your contact information or manage your communication settings, including the option to opt-out of further marketing emails.

Sensitive Personal Information

Betterworks generally prohibits the transmission/exchange of sensitive personal information to include: date of birth, Social Security number, driver’s license number, other government-issued identification number, financial account number, credit or debit card number, insurance ID or account number, health or medical information, consumer reports, background checks, biometric data, digital signatures, any code or password that could be used to gain access to financial resources, or any other unique identifier of yourself or another individual. Authorized Users shall not display, post, upload, store, exchange or transmit these types of sensitive personal information on or through the Betterworks’ Websites or Services. 

In some cases, Betterworks does permit the transmission/exchange of some special categories of personal information to include: racial or ethnic origin, gender identity, and sexual orientation. The transmission/exchange of these types categories of personal information are optional, and shall be at the consent and discretion of the Authorized User. 

Betterworks will never be liable to you or another individual for any loss or damages you or another individual may experience due to your displaying, posting, uploading, storing, exchanging or transmitting on or through the Betterworks’ Websites or Services any Sensitive Personal Information about you or a third-party that is generally prohibited.

Other Purposes and Technical Data

Betterworks may collect and use technical data and related information, including, but not limited to, technical information about your device, system, application software, log data, location information, and peripherals. Collecting and using this information lets us facilitate software updates and product support, and continuously make improvements to the Services or the technologies we offer to you. Betterworks may aggregate the metadata and usage data of you with regards to the Betterworks Websites and/or Services so that the results are non-personally identifiable with respect to you (“Aggregated Anonymous Data”). Betterworks may use the Aggregated Anonymous Data (i) for its own internal statistical analysis, (ii) to develop and improve the Services, and (iii) to create and distribute reports and other materials regarding use of the Services. To be clear, Betterworks does not have the right (or ability) to publicly identify you as the source of any Aggregated Anonymous Data.

Cookies

Betterworks uses cookies and other similar technologies in our Websites and Services that help us collect Information. When you use our Services or visit our Websites, any of them may place a cookie within the memory of your internet access device. A cookie is a small piece of information that a website can store via your Internet access device for later retrieval. We may use permanent cookies or server-side constructs to help us track use of our services by users, such as the number and frequency of visits to our pages and which parts of our Services are visited.

To learn more about our tracking technologies please visit the Cookie List page.

Additional Information

We receive Information when submitted to our Website or if you participate in a focus group, contest, activity, or event, request support, or otherwise communicate with Betterworks. Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Information to Betterworks. However, certain information is collected automatically and if some information is not provided, we may be unable to provide the Services or requested materials.

5. Our Disclosure of Personal Information

We will not sell, license, trade, or rent your Personal Information. Betterworks will not otherwise disclose your Personal Information except as described within this Notice and within the Agreement, or as indicated in the event registration form when registering for a Betterworks event to which you may specifically opt-in to share your Personal Information with Betterworks event partners. If you choose to share your Personal Information with Betterworks event partners by opting in to do so at event registration, your Personal Information will be subject to applicable business partners’ respective privacy statements. Customers determine their own policies and practices for the sharing and disclosure of Personal Information of its end users, and Betterworks does not control how they or any other third parties choose to share or disclose Personal Information.

With Third-Party Services

We may share Information with affiliates, agents, contractors or partners of Betterworks in connection with services that these individuals or entities perform for, or with, us, provided that these agents, contractors or partners are restricted from using said information in any way other than to provide services for Betterworks.

In addition to this Notice, some third-party services may require compliance with their Data Privacy Policy. The Betterworks Web and Mobile applications may permit the integration of Google Services (“Alphabet, Inc.”); therefore, the use of information received by Betterworks from Google APIs, and transfer of that information to any other application, will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

The terms of a third-party provider (“3PP”) govern the use of the artificial intelligence (“AI”) and large language models (“LLM”) services or features. Currently, the OpenAI Terms of Service govern, and are available here: https://openai.com/policies/terms-of-use. The AI and LLM services or features may only be used in the following jurisdictions:  https://platform.openai.com/docs/supported-countries. For more information concerning the terms of AI and LLM use at Betterworks, please refer to here: https://www.betterworks.com/ai-terms-and-conditions/. Betterworks commitments to the responsible use of AI and LLM services or features can be found here: https://www.betterworks.com/responsible-ai-policy/.

With Sub-Processors

We may share Information with third-party service providers (e.g., email service providers, data storage and processing facilities) to let them perform business functions for us or on our behalf. We do not permit our service providers to use Personal Information that we share with them for their marketing purposes or for any other purpose than in connection with the services they provide to us. Additional information about the sub-processors we use to support delivery of our Services is set forth at the Betterworks Sub-Processors Page.

To Comply with Laws or Enforce our Rights

We may also disclose Information we receive if required by law, such as to comply with a subpoena, or similar legal process, or in response to a government request. We also may be required to disclose Personal Information in response to a lawful request by public authorities in efforts to meet national security or law enforcement requirements. To protect and defend the rights, property or safety of Betterworks or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues, we may disclose Personal Information to relevant parties.

During a Change to Betterworks’ Business

We may disclose Information in connection with any merger, acquisition, debt financing, sale of company assets, or other business transaction in which data could be transferred to third parties as one of our business assets.

With Consent

Additionally, we may share your Personal Information with third parties when we have your consent to do so.

6. Your Choice

By accepting this Notice by opting-in to use the Betterworks Service or when you submit your Personal Information through the Betterworks Services, and Websites, you consent to us contacting you with newsletter or promotions by email. When you receive newsletters or promotional communications from us, you may “opt-out” by following the unsubscribe instructions provided in e-mails you receive from us or by contacting us directly at the contact information below.

You do not have to provide us with any Personal Information. If you choose not to, we may not be able to provide the Services or requested materials to you. If you are an end user of the Services and would like to opt-out of getting marketing communications from us, please follow the unsubscribe instructions included in each marketing email.

7. Updating Your Personal Information

As a Visitor or an Attendee, you may request that we make changes to or delete your Personal Information by e-mailing us at support@betterworks.com. We will respond to your request within thirty (30) days, when permitted by law. We will take all reasonable steps to correct your Personal Information. We will retain your information for as long as your account is active or as needed to provide you Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you are an Authorized User of Customer, you can view your Personal Information by accessing the profile feature of the Services. Should you need to modify, remove, or delete the Personal Information you provided, said requests should be directed to the Betterworks Services administrator at your company, where he/she can send an email to support@betterworks.com or use the “feedback” or “help” button available in said Services. We will retain your information for as long as your account is active or as needed to provide your company with our Services, in accordance with any applicable agreement between Betterworks and its Customers. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Additional Rights to Members

If you are a Visitor or an Attendee and a member citizen of the European Economic Area and want to object to the personal data collection referenced above in the “Information We Collect” section (above), exercise your right to be forgotten per General Data Protection Regulation (GDPR), request that Betterworks cease using your personal data for direct marketing purposes, or request that Betterworks provide personal data that you have provided to you or another controller if technically feasible, you can email support@betterworks.com.  Such requests will be authenticated by Betterworks and processed within thirty (30) days. To learn more about our commitment to GDPR, visit our GDPR page.

If you are an Authorized User of a Customer and a member citizen of the European Economic Area and want to object to the personal data collection referenced above in the Information We Collect section (above), exercise your right to be forgotten per General Data Protection Regulation (GDPR), request that Betterworks cease using your personal data for direct marketing purposes, or request that Betterworks provide personal data that you have provided to you or another controller if technically feasible, please contact your Services administrator at your company, where he/she can send an email to support@betterworks.com or use the “feedback” or “help” button available in said Services.

8. Data Security

Betterworks takes data privacy and security seriously. We maintain administrative, technical, and physical safeguards intended to protect against the loss, misuse, unauthorized access, alteration, or disclosure of Information. Given the nature of information processing systems and technology, it is impossible for us to guarantee that Information, during transmission through the Internet or while stored in our systems or otherwise in our care, will be absolutely safe from intrusion by others. Should you suspect a security incident or security breach related to your Information, said suspected security breach or incident should be reported to Betterworks by emailing breach@betterworks.com and including relevant information so that Betterworks can assist you with your query. If you are a member citizen of the European Economic Area as defined by General Data Protection Regulation (GDPR), you may have additional rights regarding notification after a breach.

9. International Data Transfers

Your personal information may be transferred to, and processed in the United States and in any other country where Betterworks or its affiliates, subsidiaries or third-party service providers maintain facilities or personnel. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective). We follow applicable data protection laws when transferring personal data. If you are resident in or a visitor from the EEA, United Kingdom or Switzerland, we will protect your Personal Information when it is transferred outside of such locations by processing it in a territory which the European Commission has determined provides an adequate level of protection for Personal Information; or otherwise implementing appropriate safeguards to protect your Personal Information, including through the use of Standard Contractual Clauses or another lawful transfer mechanism approved by the European Commission.

10. EU-US and Swiss-US Data Privacy Framework (DPF) Program

Betterworks complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) program, the UK Extension to the EU-US DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) program as set forth by the US Department of Commerce (DOC). Betterworks has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework program 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 UK (and Gibraltar) in reliance on the UK Extension to the EU-US DPF. Betterworks has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework program 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 Notice 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 page, please visit https://www.dataprivacyframework.gov/.

In compliance with the EU-US Data Privacy Framework Principles, Betterworks commits to resolve complaints about your privacy and our collection or use of your Personal Information transferred to the United States pursuant to the DPF Principles. European Union, United Kingdom (including Gibraltan), and Swiss individuals with DPF inquiries or complaints should first contact Betterworks using the information provided in the “Contacting Us” section (below). Betterworks has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, Data Privacy Framework Services, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers for more information and to file a complaint. This service is provided free of charge to you.

Betterworks also commits to cooperate with EU data protection authorities (DPAs), the UK Information Commissioner’s Office (UK ICO), and the Swiss data protection authorities (FDPIC) with regard to human resources data transferred from the EU, the UK, and/or Switzerland in the context of the employment relationship.

Some types of Personal Information may be subject to other privacy-related requirements and policies, which are consistent with the DPF. For example:

1. Personal Information regarding and/or received from Betterworks’ Customers is also subject to any specific agreement with, or notice to, said Customer, as well as additional applicable laws and professional standards; and
2. Personal Information regarding Betterworks’ personnel and personnel of other Customers of the Betterworks network is subject to internal human resource policies.

Betterworks is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). You may request that we correct, update, or amend the Personal Information we hold about you. Contact us in the manner described below to update your information in accordance with DPF requirements. Please know that before we can make any changes to your information, we must confirm and authenticate that you are the data subject making the request for changes. If we deny your request, you will have the opportunity to appeal it, or appeal any other unresolved inquiries, complaints, and disputes. If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/G-Arbitration-Procedures-dpf?tabset-35584=2.

Liability for Onward Transfers

Betterworks complies with EU-U.S. Data Privacy Framework (DPF), UK extension of EU-U.S. DPF and the Swiss-U.S. DPF regarding accountability for onward transfers. Betteworks remains liable under the DPF Principles if its onward transfer recipients process Personal Data in a manner inconsistent with the DPF Principles, unless Betterworks proves that it was not responsible for the event giving rise to the damage.

11. California Privacy Law (CCPA/CPRA)

In the event we provide third parties with certain personal information to provide or improve our products and services, we require those third parties to handle the information in accordance with applicable laws and regulations. We do not sell personal information to third parties (pursuant to California Civil Code §§ 1798.100–1798.199, also known as the California Consumer Privacy Act of 2018), nor do we share personal information with third parties for their direct marketing purposes (pursuant to California Civil Code § 1798.83).

12. Updating This Notice

We may update this Notice from time to time. When we do, we will also revise the “last updated” date at the bottom of this page. If and when we make changes, you will be notified by email, through the Services, or by posting a prominent notice on our Website at or prior to the change becoming effective. We encourage you to review this Notice periodically to stay informed on our privacy practices. Your continued use of our Services or Website constitutes your agreement to be bound by such changes to this Notice. Your only remedy, if you do not accept the terms of this Notice, is to discontinue use of our Service and our Websites.

13. Contacting Us

Betterworks can be contacted at:

Betterworks Systems, Inc.
101 Jefferson Drive, 1st Floor

Menlo Park, CA 94025 USA

Questions about our Services can be directed to support@betterworks.com

Questions about our security or privacy practices can be directed to security@betterworks.com