Effective Date of this Privacy Policy: January 17, 2012

HarQen, Inc. (“HarQen”) appreciates your interest in our products, services and websites,http://HarQen.com, http://VoiceAdvantage.com, (the “Sites”). Your privacy is important to us. Our Sites are designed to provide access to online information about HarQen and certain of our products and service lines. In connection with providing this information and providing our products and services, there are times when we may ask for or collect personal information from you, either in the form of anonymous data or personally identifiable information. As part of our commitment to honoring and protecting your privacy, this Privacy Policy will explain the approach we take in protecting and using the information we gather from you through our Sites and in connection with our products and services.

Changes and Updates to this Privacy Policy:

HarQen reserves the right to update and change this Privacy Policy, and the products, services, prices, and programs mentioned on the Sites at any time, at its sole discretion and without notice. We encourage you to revisit this page to stay informed of any changes. Your continued use of the Sites constitutes your agreement to the terms of this Privacy Policy and any future versions of this Privacy Policy.

Information HarQen Collects:

User Provided Information: HarQen may collect and process information about you that you provide when engaging with a Site or using a product or service, such as registering with a Site or service, uploading audio files, posting comments, entering contests, subscribing to mailing lists, taking advantage of promotions, and responding to surveys. HarQen will only use your information for the specific purpose for which it was submitted, unless you consent otherwise or as permitted under law. In many cases, you choose the amount of information you supply (e.g., when sending us information through the Sites, you may choose to include only an e-mail address – not a telephone number or mailing address – for replies). There may be instances where some of the information that we ask you to provide is identified as mandatory and some as voluntary. In such cases, where providing the information is mandatory, if you do not provide the personal information you will not be able to engage in that activity.

Information provided in relation to Voice Advantage: Voice Advantage allows companies to use a phone and a simple web-based dashboard to create and distribute custom recorded phone interviews. This application may be used as a survey tool in several different contexts. One example of how Voice Advantage may be used is in the employment context. It permits job candidates to take interviews at their convenience, and enables recruiters to review candidates at any time and share the interviews with colleagues and hiring managers to expedite the hiring process. If you are a candidate, you will be asked to provide certain information including your name, contact details and responses in relation to questions that are designed to ascertain your suitability for a particular post. Your vocal and typed responses will be recorded. HarQen shall maintain, access and provide personal information that you submit to the party that has invited you to participate in the interview. You may later access your interview response, where permitted by applicable laws, but will be unable to amend or delete the contents of your interview responses. If you wish to supplement, amend or provide new responses to the interview questions, you must contact the requesting party.

Information provided in relation to HarQen Live: HarQen Live converts conversations — in all their various forms and languages — into searchable, referenceable and actionable insights, allowing users to dynamically transform any conversation into an interactive synopsis that lives long after a conference call, webinar or presentation has ended. With HarQen Live, users can capture and enrich conversations so greater insight can be retained and shared. HarQen Live allows conversations to be captured as they occur, both visually and aurally, and then enriched collaboratively with notes, tags or uploaded imagery via Smartphones, using classic social media conventions. With this approach, participants can organize the content around key ideas, themes or action items, so the key information is always accessible and sharable. As part of this process, in addition to recording the content of calls, HarQen Live collects certain information from users, including name and contact details such as email address and telephone number.

Cookies: When you visit the Sites, we ask your browser to store small text files containing a string of alphanumeric characters known as a cookie. HarQen uses both session cookies and persistent cookies. If you have chosen to identify yourself on a Site, we use session cookies containing encrypted information to identify you and facilitate your use of the site. Session cookies are required to access much of the content and services offered on the Sites. After you leave our Site and close your browser, a persistent cookie remains. Persistent cookies can be removed by following your help file directions in your web browser. If you refuse our cookies, some features of the Sites may not function properly.

Log Files: HarQen’s servers automatically record certain information (e.g., web request, Internet Protocol (“IP”) address, browser type, browser language, URLs, etc.) that your web browser sends whenever you visit our websites.

Web Beacons: We may employ clear GIFs or Web Beacons to track anonymously how users use the Sites. We may also use Web Beacons in our emails to track which emails are opened by recipients.

How HarQen Uses Information:

HarQen and our affiliates and agents use information obtained from users of the Sites, products and services for the purposes of providing certain services to users. For example, we use your personally identifiable information for purposes including but not limited to:

  • operating certain functions of the Sites and functionality in relation to Voice Advantage and other requested products and services;
  • sending you notices and updates;
  • providing access to your Account;
  • confirming purchases;
  • tracking customer service;
  • resolving service problems;
  • correcting errors in the service;
  • providing requested information about promotions and sweepstakes;
  • provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
  • complying with legal obligations and protecting HarQen’s legal rights and interests;

HarQen uses information collected from cookies, Web beacons, and log files to enhance our users’ experience by providing custom, personalized content. We also use this information to monitor the overall effectiveness of our Sites and track metrics (e.g., total number of visitors, pages viewed, etc). HarQen does not disclose or sell personally identifiable information to unaffiliated third parties unless required by law or pursuant to the user’s consent.

HarQen and our affiliates and agents collect and use aggregate voice data, to enhance, and improve the speech recognition and other voice analysis components used to provide the service. Voice data means the audio files, associated transcriptions and log files provided by users of the Sites or generated in connection with the utilization of the services offered through the Sites.

When HarQen Discloses Information:

If HarQen ceases operations, personally identifiable information may be provided to a third party for bankruptcy purposes or if there is a transfer or sale of the assets or ownership of HarQen. HarQen may also disclose personally identifiable information to respond to a subpoena, court order or similar request, or to defend itself against legal claims. HarQen may also provide such personally identifiable information to investigate, prevent and take action regarding fraud or misuse, to comply with law or in response to a law enforcement agency’s request, to enforce our Privacy Policy and end user agreements, and to protect the rights, property and safety of the Sites, users and others.

We provide personally identifiable information and non-personally-identifiable information to our affiliates and agents for the purpose of processing such information on our behalf. We require that these parties agree to process such information in accordance with our Privacy Policy, and we use reasonable efforts to limit their use of such information and to use security measures.

We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

We may share non-personally-identifiable information (e.g., anonymous user usage data, platform types, number of clicks, etc) with third parties to determine usage patterns for certain services, advertisements, promotions, and/or functionality on the Sites.

We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with applicable laws (e.g., U.S. copyright law) or respond to a court order, subpoena, or search warrant.

HarQen reserves the right to disclose both personally and non-personally identifiable information to enforce our Terms of Use Agreement(s), prevent liability, and investigate and defend itself against any third-party claims or allegations. We may also provide information to assist government enforcement agencies, protect the security or integrity of the Sites, and/or protect the rights, property, or personal safety of HarQen employees, users and others.

Where HarQen Stores your Personal Information:

The Sites and infrastructure for providing HarQen products and services are hosted in the United States. Data hosted in the United States may also be processed by staff operating in the United States or elsewhere who work for HarQen or for one of our suppliers. If you access a Site or use a product or service from outside the United States, please be advised that your activity on the Site and use of the product or service constitutes your consent to the transfer of your personal information to the United States and to other jurisdictions whose laws may provide less protection for personal data than the laws of the country where you reside. The protection and dissemination of your personal information will be subject to the laws of the United States.

Certified Compliant with EU Safe Harbor Principles:

HarQen participates in the U.S.-EU Safe Harbor Framework, as administered by the U.S. Department of Commerce, regarding the collection, use, and retention of personal information from European Union member countries. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. For further information on HarQen’s compliance with EU Safe Harbor Principles please review our EU Safe Harbor Policy athttps://voiceadvantage.com/privacy_policy. To learn more about the US-EU Safe Harbor Framework, please visit http://www.export.gov/safeharbor/.

Links and Content from Third Parties:

Our Sites and email communications may contain links to other websites that are owned and operated by third parties. The information practices of websites linked to our Sites are not covered by this Privacy Policy and, therefore, we are not responsible for the privacy policies of those websites. We encourage you to review the privacy policies of other websites to understand their privacy practices. Further, users of the Sites may from time-to-time post material on the Sites. Though we do attempt to monitor user-posted content, such user-posted material is not subject to this Privacy Policy.

Advertisers and Links to Other Sites:

HarQen may allow other companies, such as third-party ad servers or ad networks, to serve advertisements to the Sites. These third-party providers use technology to send the advertisements and links that appear on the Sites directly to your browser. When this occurs, the third party providers automatically receive your IP address. They may also use other technologies (i.e., cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to tailor their advertising content.

HarQen does not provide any personally identifiable information to third-party ad servers or ad networks without your consent. If you respond to an advertisement on the Sites, the advertiser or ad-server may use information regarding your use of the Sites to determine which ads to deliver to you in the future. If this practice concerns you, please review the respective privacy policies of these third-party ad servers or ad networks for more information on their practices. HarQen’s privacy policy does not apply to other advertisers or web sites.

Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect. The measures include, but are not limited to, firewalls, server authentication, data encryption, user driven security settings, username and passwords. However, please be advised that we cannot guarantee and have no control over the public or third party network through which you send your personal information to our Sites or when using our products and services.

If HarQen learns of an information security breach, we may attempt to notify you via email so that you can take appropriate steps. In addition, HarQen may post a notice on any effected Site(s). Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify via email at support@harqen.com.

Children’s Privacy

The Sites and our products and services are intended for mature audiences. HarQen does not knowingly collect personal information from children under the age of 18. Children under the age of 18 should not visit any of the Sites nor submit any personal information. Furthermore, HarQen does not knowingly use or distribute personal information regarding children under the age of 18. If HarQen obtains actual knowledge that it has collected personal information about a child under the age of 18, that information will be immediately deleted from our servers.

Contact Information

Please contact HarQen at: support@harqen.com with any questions or comments about this Privacy Statement or write to:

HarQen, Inc.   Attn: Privacy Officer
300 N Corporate Drive Suite 340
Brookfield, WI 53045

Email: support@HarQen.com

US / EU Privacy Shield

Introduction / Activities of the Company

HarQen, Inc. (the “Company”) utilizes Audio, Video, and Text to improve collaboration and enriching existing systems. The Company works with clients based in the European Union (“EU”) or receive Personal Information (defined herein) from individuals located in the EU. Protecting consumer privacy is important to the Company. The Company adheres to the Privacy Shield Agreement concerning the transfer of personal data from the EU to the United States of America. Accordingly, we follow the Privacy Shield Principles published by the U.S. Department of Commerce (the “Principles”) with respect to all such data. If there is any conflict between the policies in this privacy policy and the Principles, the Principles shall govern. This privacy policy outlines our general policy and practices for implementing the Principles, including the types of information we gather, how we use it and the notice and choice affected individuals have regarding our use of and their ability to correct that information. This privacy policy applies to all Personal Information (defined herein) received by the Company whether in electronic, paper or verbal format.

The company collects and processes audio, video, and text responses relating to an individual's interests or abilities. The gathered information is made available in a secure environment for the client corporation to conduct evaluations. The company can, at the request of the client corporation, disclose candidate responses to third parties for evaluation such as professional assessment firms, third party hiring managers, or subject matter experts.

To learn more about the Privacy Shield program, please visit
https://www.PrivacyShield.gov/

Contact Information

Questions, comments or complaints regarding the Company’s EU Privacy Shield Privacy Policy or data collection and processing practices can be mailed or emailed. These contacts are available for the handling of complaints, access requests, and any other issues arising under the Privacy Shield

    Name of Organization:  HarQen
    Mailing Address:    HarQen, attn: Privacy Officer
                        300 N Corporate Drive Suite 340
                        Brookfield, WI  53045
    Email Address:  support@harqen.com
    Email Subject:  Attention Privacy Officer
    

    Telephone: +1 414-755-1962

Definitions

“Personal Information” means information that (1) is transferred from the EU to the United States; (2) is recorded in any form; (3) is about, or pertains to a specific individual; and (4) can be linked to that individual.

“Sensitive Personal Information” means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.

Principles

Effective date of implementation

2017-01-12

Notice

The Company shall inform an individual of the purpose for which it collects and uses the Personal Information and the types of non-agent third parties to which the Company discloses or may disclose that Information. The Company shall provide the individual with the choice and means for limiting the use and disclosure of their Personal Information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information to the Company, or as soon as practicable thereafter, and in any event before the Company uses or discloses the Personal Information for a purpose other than for which it was originally collected. The Company has developed notice and accompanying opt-in policy that requires the individual whose Personal Information the Company will receive to specifically opt-in or, alternatively, refuse to consent to the collection of such data.

Choice / Right to Limit Use

The Company will offer individuals the opportunity to choose whether their Personal Information is (1) to be disclosed to a third party or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For Sensitive Personal Information, the Company will give individuals the opportunity to affirmatively or explicitly consent to the disclosure of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. The Company shall treat Sensitive Personal Information received from an individual with a similar level of care as the individual would treat it.

Onward Transfers

Prior to disclosing Personal Information to a third party, the Company shall notify the individual of such disclosure and allow the individual the choice of such disclosure. The Company shall ensure that any third party for which Personal Information may be disclosed subscribes to the Principles or are subject to law providing the same level of privacy protection as is required by the Principles and agree in writing to provide an adequate level of privacy protection. As part of the Company’s opt-in policy, the individual will be asked to consent to the transfer of certain Personal Information to the Company’s client.

Data Security

The Company shall take reasonable steps to protect the Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. The Company has put in place appropriate physical, electronic and managerial/administrative procedures to safeguard and secure the Personal Information from loss, misuse, unauthorized access or disclosure, alteration or destruction. Though the Company will take reasonable steps to ensure the privacy and security of the Personal Information, it cannot guarantee the security of Personal Information on or transmitted via the Internet. The Company shall make individuals aware of this limitation and to the extent data is transmitted via the Internet, the individuals will be asked to consent to such transmission.

Data Integrity / Corrections

The Company shall only process Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, the Company shall take reasonable steps to ensure that Personal Information is accurate, complete, current and reliable for its intended use. The Company will take reasonable steps to correct any inaccurate or incomplete data it may find while processing the Personal Information and may ask the individual to update and/or supplement the Personal Information held by the Company.

Access to Individuals

The Company shall allow an individual access to their Personal Information and allow the individual to correct, amend or delete inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated. The individual may not be granted access to work product of the Company, but will be given access to the Personal Information upon which the work product is based. An individual may submit Personal Information to the Company from time to time for certain specific purposes. The individual may not be able to access such Personal Information once it is submitted to the Company.

Human Resources Data

The company commits to respect the Principles regarding Human Resources Data. This may require coordinating with the EU employers providing access to this data.

Enforcement

The Company uses a self-assessment approach to assure compliance with this privacy policy and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the Principles. We encourage interested persons to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with the Principles.

In compliance with the US-EU Privacy Shield Principles, the Company commits to resolve complaints about your privacy and our collection or use of your personal information. European Union citizens with inquiries or complaints regarding this privacy policy should first contact the Company’s Privacy Officer.

For the specific statutory body that has jurisdiction to hear any claims against the organization regarding possible unfair or deceptive practices and violations of laws or regulations governing privacy, please contact our privacy officer to identify a local DPA that may be available for additional assistance. The company may be able to assist in identifying an appropriate entity for a specific region.

The Company has further committed to refer unresolved privacy complaints under the US-EU Privacy Shield Principles to an independent dispute resolution mechanism, the EU DPA in your location. If you do not receive timely acknowledgment of your complaint (within 45 days), or if your complaint is not satisfactorily addressed by the Company, please visit the following site for additional recourse
https://www.PrivacyShield.gov/.

The company is subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC).

Information Subject to Other Policies

The Company is committed to following the Principles for all Personal Information within the scope of the Privacy Shield Agreement. However, certain information is subject to policies of the Company that may differ in some respects from the general policies set forth in this privacy policy.

Name of any privacy program in which the organization is a member

US / EU Privacy Shield

Method of Annual Verification

In-House Verification

The independent recourse mechanism that is available to investigate unresolved complaints

Contact the DPA in your jurisdiction.

Recourse, Enforcement, and Liability

The company remains responsible and liable under the Privacy Shield Principles as works with third parties in the processing of personal data, unless the company can prove that it is not responsible for the event giving rise to the damage.

The company elects to satisfy the requirement in points (a)(i) and (a)(iii) of the Privacy Shield Recourse, Enforcement and Liability Principle by committing to cooperate with the DPAs.

The company commits to cooperate with the DPAs in the investigation and resolution of complaints brought under the Privacy Shield.

The company commits to cooperate with the DPAs with regard to human resources data transferred from the EU in the context of the employment relationship.

The company will comply with advice given by the DPAs where the DPAs take the view that the organization needs to take specific action to comply with the Privacy Shield Principles, including remedial or compensatory measures for the benefit of individuals affected by any non-compliance with the Principles, and will provide the DPAs with written confirmation that such action has been taken.

As an organization that is committing to utilize the EU DPAs, the company supports EU DPA panels through the United States Council for International Business, which has agreed to act as trusted third party for this purpose.

Availability and Amendments

This privacy policy may be amended from time to time consistent with the Principles and the requirements of the Privacy Shield. We will post any revised policy at
https://voiceadvantage.com/privacy_policy