Privacy Policy

Nexthink Privacy and Cookies Policy

Nexthink SA (together with its associated companies) (“We”, “Us”) respect your privacy and promise to use appropriate measures to protect any personal data we collect about you or that you provide to us (“your information”).

This Privacy Policy (together with our Terms and Conditions of use of our website https://www.nexthink.com/terms-and-conditions/ and any other documents referred to on it) sets out the basis on which your information, will be processed by us through our website at https://www.nexthink.com (the “Website”) or when you contact us.

“Personal data” or “personal information” means any information that may be used to identify an individual, for example: a first and last name, a home or other physical address, an email address or other contact information, whether at work or at home or technical information such as a IP address, cookies or device information. More detail about what personal data we collect about you is noted below.

Basis of Processing

We will normally collect your information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests. We may also need to process your information to comply with our legal obligations, or when it is in your or another person’s vital interests.

“Legitimate Interests” means the interests of our company in conducting and managing our business to enable us to give you the best service/products. For example, we have an interest in making sure our marketing is relevant for you, so we may process your information to send you marketing that is tailored to your interests.

When we process your personal information for our legitimate interests, we make sure to consider and balance any potential impact on you (both positive and negative), and your rights under data protection laws. Our legitimate business interests do not automatically override your interests – we will not use your information for activities where our interests are overridden by the negative impact on you (unless one of the other legal bases applies, as described above.

If you have any concerns about the processing below, you have the right to object to processing that is based on our legitimate interests. For more information on your rights, please see “Your Rights” section below.

Collection of Your Information by Us

Information that you provide voluntarily

When you visit our Website or contact Us, we may request that you provide Personal Information about yourself.

You may give us personally identifiable information and contact data voluntarily, for example that you give us by filling in forms on our Website or by corresponding with us by phone, e-mail or otherwise, including contact information, such as your name, e-mail address, phone number, and other such information that can identify you personally, such as your login credentials. You may also voluntarily respond to our online surveys or allow us to record calls with you to improve the quality of our support and services.

We may also process data covering your preferences in receiving marketing and other communications from us and third parties. Respondents to our online surveys and attendees to our online webinars or digital events may be requested to provide additional personal data alongside identity and contact data. We may collect demographic information, such as gender, age, marital status, nationality, country of birth and residence, native language preferences, interests and favorites that are not associated with your name or other personally identifying information. We also collect participant IDs as well as any personal data provided in the individual’s responses.

When applying for a specific vacancy advertised on the Website or submitting your details for entry into the Nexthink speculative applicant database, you will be asked for specific personal information to determine your potential suitability against current or future recruitment requirements. This could include your CV, details of your work and academic experience, professional qualifications and other information relevant to the vacancy or business area you have selected, along with your contact details. As a general rule, during the recruitment process, we try not to collect or process any of the following: information that reveals your racial or ethnic origin, religious, political or philosophical beliefs or trade union membership; genetic data; biometric data for the purposes of unique identification; or information concerning your health/sex life (“Sensitive Personal Information“), unless authorised by law or where necessary to comply with applicable laws. However, in some circumstances, we may need to collect, or request on a voluntary disclosure basis, some Sensitive Personal Information for legitimate recruitment-related purposes: for example, information about your racial/ethnic origin, gender and disabilities for the purposes of equal opportunities monitoring, to comply with anti-discrimination laws and for government reporting obligations. You may provide, on a voluntary basis, other Sensitive Personal Information during the recruitment process.

Information that we obtain from third party sources

Any data from customers and parties participating in Nexthink’s Partner Program, such as financial data including bank account and payment card details and transaction data on previous, current and upcoming deals, will be collected and processed to manage our customer relationships or when you sign up to training courses.

We may source some of your information which is publicly available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or any information that we acquire from third party service providers (such as business partners, sub-contractors for any technical delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). The types of information we collect from third parties may include professional and academic data for recruitment purposes, or identity and contact information to identify respondents for research surveys. Wherever we collect information about you from third parties we ensure that we are legally entitled to do so.

Information that we collect automatically

We also automatically collect some technical and navigational information from your visit to our Website, webinars or events and from your use of our mobile application. This includes information about your device (such as your computer IP address, device model, unique device identifier, OS version, mobile network) or information about where and how you access our Website or mobile application (such as geographical location, browser type and language, referral source, server logs, length of visit and pages viewed). Collecting this information enables us to better understand the visitors who come to our Website, where they come from, and what content on our Website is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our Website to our visitors.

Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading “Information About Our Use of Cookies” below. We use Pendo, an analytics service provided by Pendo.io, Inc., to evaluate the use of Nexthink Experience’s web-based portal, to gather user feedback, and to improve user experience. If you voluntarily provide us your email address when providing optional in-product feedback, we may combine your email address with usage data collected by Pendo. For additional information, please visit Pendo’s Privacy Policy at www.pendo.io/legal/privacy-policy/.

Information About Children

Our Website are not intended for or targeted at children under 13, and we do not knowingly or intentionally collect information about children under 13. If you believe that we have collected information about a child under 13, please contact us at info@nexthink.com, so that we may delete the information.

Use and Disclosure of Your Information

We will combine the information we receive from you or your information that we collect from our Website or other sources and use the combined information for the purposes set out below:

• to operate and improve the Websites, improve your browsing experience and to improve any subscription service;
• send personalized information to you which we think may be of interest to you by post, email, or other means;
• send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you;
• contact you, on behalf of external business partners, about a particular offering that may be of interest to you;
• share data with trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer support. Such third parties are prohibited from using your information except for these purposes, and they are required to maintain the confidentiality of your information;
• evaluate your potential suitability against a specific or general recruitment requirement;
• to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
• to notify you about changes to our service;
• administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to measure or understand the effectiveness of advertising we serve to you and others.

We will not sell, rent or lease your information, or share it with others, except as indicated in this Privacy Policy.

We may disclose your personal information to the following categories of recipients:

• to our group companies, third party services providers and partners who provide data processing services to us, or who otherwise process personal information for purposes that are described in this Privacy Policy or notified to you when we collect your information. These include service providers which are used for the following purposes: provision of digital credentials for successful participants of our trainings and exams; provision of webinars, online training and virtual events; organising and managing online surveys; recruitment of participants for our surveys; job recruitment purposes; research and marketing purposes; sales and customer relationship management; vendor and contract management; regulatory compliance with local laws; and IT and teleconferencing support.
• to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
• to an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Policy;
• to any other person with your consent to the disclosure.

We may share your information to protect the safety, property, or other rights of Nexthink, its affiliates, customers, or associates, or when we believe that the law requires it. We will share your information:

• When release is required by law or regulation, or is requested by a government agency (for example, a subpoena);
• When the disclosure is reasonably necessary for the establishment or defense of legal claims; or,
• Upon discovery of fraudulent activity or other deceptive practices if we believe a governmental agency should be notified.

Information About Our Use of Cookies

We use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your computer’s hard drive by a web server.

Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize pages on our Website, a cookie helps us to recall your specific information on subsequent visits. When you return to the same website, the information you previously provided can be retrieved, so you can easily use the features that you had customized. You can accept or decline cookies. You can refuse to consent to the use of cookies or block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. If you choose to reject cookies, you may still use our Website though your access to some functionality and areas of our Website may be restricted. If you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services. These can be blocked but will then impact the performance of the website.
• Analytical/performance cookies They allow us to recognize and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies These are used to recognize you when you return to our Website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Targeting cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Cookie	Purpose
Adblocker Popup	Tracks whether a user has seen our adblocker message.
Attribution	Tracks where and how a visitor came to the Website.
Cookie Alert	Tracks whether a user has accepted cookies upon their first visit to the Website.
Dynatrace	Monitors website performance, tracks user behavior and gathers diagnostic information.
Ebook Popup	Tracks whether a user had seen our ebook advertisement.
LuckyOrange	Provides information for Heat Mapping User Behavior.
Marketo	Allows a website to link visitor behaviour to the recipient of an email marketing campaign, to measure campaign effectiveness.
nr-data.ent	Tracks application performance and gather diagnostic information.
OneTrust	Set by the cookie compliance solution from OneTrust. This cookie stores information about the categories of cookies the site uses and whether visitors have given or withdrawn consent for the use of each category. This enables site owners to prevent cookies in each category from being set in the visitor’s browser, when consent is not given.
Zendesk	Stores a binary variable determining whether a user has been authenticated, session information for root access applications, and session information for sharing across Zendesk applications.

In addition to the above, third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

Below are some examples of such third party cookies and related information:

Facebook	https://www.facebook.com/privacy/policies/cookies/
Google Analytics / Google Optimize	https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage
Hotjar	https://www.hotjar.com/legal/policies/cookie-information
LinkedIn Insight	https://www.linkedin.com/legal/cookie-policy
Olark	https://www.olark.com/privacy-policy/
Salesloft	https://salesloft.com/cookie-policy/
Twitter	https://help.twitter.com/en/rules-and-policies/twitter-cookies
Typekit	https://www.adobe.com/privacy/cookies.html
Vidyard	https://www.vidyard.com/cookies/
Vimeo	https://vimeo.com/privacy
Youtube	https://policies.google.com/technologies/cookies?hl=en

Social Media Features

Our Website includes social media features, such as the Facebook Like button and widgets, such as the Share This Button or interactive mini-programs that run on our sites. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. This Privacy Policy does not apply to these features. Your interactions with these features are governed by the Privacy Policy and other policies of the companies providing them.

Your Information Transfer and Security

To facilitate our global operations, your information may be transferred to and access from countries other than your own to process and store data in accordance with our Privacy Policy and to provide you with products and services. Some of these countries may not have the same data protection safeguards as the country where you reside. Specifically, our group companies are based in Switzerland, the United Kingdom, and the US, and third party service providers and partners operate around the world. We are committed to ensuring your information is protected and apply safeguards in accordance with this Privacy Policy, such as the Standard Contractual Clauses approved by the European Commission, and similar protections offered in the United Kingdom and Switzerland.

All information you provide to us is stored on secure servers and we take appropriate security measures designed to protect against unauthorized access, use or disclosure. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your information, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use procedures and security features appropriate to the risk of processing your personal information to try to prevent unauthorized access.

External Websites

Our Website provide links to other websites. We do not control, and are not responsible for, the content or privacy practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy and other policies they may have. When you leave our Website, we encourage you to read the privacy policy of every website you visit.

Retention of Your Information

We retain your information as long as we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements) and we then securely delete the information.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time by posting a new version online. You should check this page occasionally to review any changes. If we make any material changes we will notify you by posting the revised Privacy Policy on our Website. Your continued use of the Website and/or continued provision of your information to us will be subject to the terms of the then-current Privacy Policy. Please keep us informed if your personal data changes during your relationship with us.

Your Rights

You have the following rights with respect to your information:

• To access and review your information;
• To request that we correct any errors, outdated information, or omissions your information;
• To request that your information not be processed or restrict the processing of your information;
• To request portability of your information;
• To request that your information be deleted;
• To opt out of marketing communications by Nexthink or third parties. You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our emails, or by sending us an email at info@nexthink.com or by sending us postal mail using the details listed below.
• To withdraw your consent if we have collected and processed your information with your consent.

To exercise any of these rights, please contact us using the information below.

You also have the right to make a complaint at any time to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. We would, however, appreciate the chance to deal with your concerns before you approach the any regulator so please contact us in the first instance using the information below.

Contact Us

If you have any questions about this Privacy Policy or our treatment of the information you provide us, please write to us by email at privacy@nexthink.com or by post at to Nexthink S.A. Centre Malley-Lumières, Chemin du Viaduc 1 1008 Prilly, Switzerland.