Effective Date: July 2018

This website is owned and operated by Blake Consulting Inc. (“Blake Consulting,” “we,” or “us”), a Minnesota corporation. We work diligently to protect the privacy, confidentiality, and security of the Personal Information (defined below) that we receive. This Privacy Policy describes the principles and practices that apply to the Personal Information that we collect from individuals online (“you”), such as individuals who use the services provided on the site, interact with the site, communicate with us through telephone, email, text, or other communications means, or participate in our exercise.

Privacy Principles

This Privacy Policy is based on the following privacy principles:

• Access – In those instances where we control your data, we will provide you with (i) the opportunity to confirm whether we are processing your Personal Information; (ii) a way to obtain a copy of your Personal Information that we process; (iii) the ability to restrict or object to processing of your Personal Information; and (iv) the ability to correct, amend, or delete Personal Information that is inaccurate; all within a reasonable amount of time from the time you submit such a request.
• Accountability for Onward Transfer – We will not disclose your Personal Information to third parties without your informed written consent.
• Accuracy – We take reasonable steps to ensure that the Personal Information we have is accurate or rectified without delay if it is determined to be inaccurate.
• Data Integrity and Purpose Limitation – You will be able to (i) view the Personal Information that we have about you; (ii) correct or modify your Personal Information if it is inaccurate or incomplete; and (iii) limit the collection of data to such data that is relevant to the products and services we provide to you or on your behalf.
• Data Minimization – We process only that Personal Information which is adequate, relevant, and necessary to achieve the purposes for which it is collected.
• Integrity, Confidentiality, and Security – We take reasonable measures to protect the security of your Personal Information.
• Lawfulness, Fairness, and Transparency – We will process your Personal Information only when we have a legal basis for doing so, and we will process your Personal Information in a manner that is fair and transparent to you.
• Notice – We will not collect or transfer your Personal Information without your knowledge. We inform you of such collection and transfer through this Privacy Policy, our written agreements with you, and other disclosures we make available on the site.
• Purpose Limitation – We collect Personal Information only for specific, explicit, and legitimate purposes, and refrain from further processing that Personal Information in any manner that is incompatible with those purposes (subject to our reasonable archive, backup, and research practices).
• Recourse, Enforcement, and Liability – We have processes for handling complaints relating to use of your Personal Information (contact Rex Blake at rexblake@flintblake.com).
• Storage limitation – We keep data in personally identifiable form only for as long as necessary to achieve the purposes for which it is being processed (subject to our reasonable archive, backup, and research practices).

Definitions

In this Privacy Policy, the following terms are defined as set forth in this section:

• “Assessment” means an exercise, instrument, questionnaire, or series of tests that are completed by one or more Respondents to provide information about a Respondent with the aim of generating the Responses.
• “Customer” mean any employer who retains our services for purposes of assessment.
• “Personal Information” means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred from the information. Personal Information includes, for example, name, email address, and other information incidental which you may choose to provide to a Practitioner. It also includes other information, such as IP address, device information, or other Session Data (as defined below) that can reasonably be linked to a specific individual, computer, or other device.
• “Practitioner” means an individual who administers one or more Assessments to one or more Respondents and who interprets the Reports to provide feedback for the Respondent(s).
• “Responses” means the responses provided in connection with completing an Assessment.
• “Respondent” means an individual who takes, will take, or has taken an Assessment.
• “Session Data” means, as applicable, usage information, such as IP address, unique identifier of an individual’s mobile device, the type of browser, type of operating system, referring URL, date, time and duration of a visitor’s visit, the number of visits to a Site, the pages viewed, order of pages viewed, time spent on a particular page, the number of cookies accumulated, bytes sent, bytes received, protocol version, user agent, method, URI stem, URI query, or MAC address.
• “Site” means any websites that we may develop or have developed from time-to-time and includes, without limitation: BarTek.com.

Your Agreement to this Privacy Policy

• By using the Site, and/or submitting Personal Information to us, you agree to the practices described in this Privacy Policy, and you agree that we may collect, use, disclose, store, transmit, and/or process such Personal Information in accordance with this Privacy Policy or as required by law.
• If you reside in a country or territory that restricts the transfer of Personal Information out of that country or territory, you agree to the transfer, storage, and processing of your Personal Information to countries that may not have data protection laws that provide the same level of protection as those that exist in your country of residence.
• Children (anyone under the age of 18) are not permitted to use the Sites without written consent of their parent or legal guardian. Should we discover that a Child has sent Personal Information directly to us, we will use that information only to respond directly to that Child to inform him/her that we will not continue to process his/her Personal Information.

What Personal Information We Collect and How

We collect only such Personal Information as necessary to (i) provide our Assessment to you; (ii) continue our research in the field; and (iii) improve our Site, Assessments, and your experience interacting with us. We describe below the different ways in which we collect or obtain Personal Information. Unless otherwise stated below, the legal basis for our processing of your Personal Information is our legitimate business interest in providing the Site or Assessments to you.

If you complete an Assessment—If a Respondent completes an Assessment, we collect the Respondent’s name, email address, Assessment responses, and Session Data.

How We Use Personal Information

We use Personal Information in order to provide and enhance the Assessments that we offer as explained below:

To facilitate the use of the Site—We use Session Data to ease navigation throughout the Site, to enhance navigation, and in general to enhance the quality of our Site and the content provided on the Site.

In connection with Assessments—We use the responses to Assessments to score the Assessments. We may also combine Respondent data with our general research data, or compare or associate Respondent data with other Respondent data. Certain subsets of this data are made available to our Customers, but your Personal Information is only shared with a Customer if you complete an Assessment and have given consent to share your personal information with a Customer.

For research purposes—We may use aggregated Session Data to better understand how our Site is navigated. We also use aggregated Assessment responses and other data to improve our Assessments.

For maintenance purposes—We may use Session Data to diagnose problems with our server, and to administer our Site.

For marketing purposes—Your Personal Information will not be used for marketing purposes.

To Whom We Disclose Personal Information

Customers—Blake Consulting provides Assessment results only to the Practitioner who orders the Assessment. If you take an Assessment at the direction of one of our Customers, that Customer will receive from the Practitioner a summary of the results based on the Assessment you took and the responses you provided to that Assessment.

Service providers—We may engage certain third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, database storage and management. As of the effective date of this Privacy Policy, the current list of service providers to whom we disclose Personal Information is as follows:

• Hotternell Studios (for platform infrastructure services, backup and archive services, backup and recovery services).

Pursuant to written agreements between Blake Consulting and this service provider, the service provider only has access to such Personal Information as necessary to fulfill its obligation to Blake Consulting, is not permitted to use Personal Information for any purposes other than those directed by Blake Consulting, and is required to act in a manner consistent with the privacy principles articulated in this Privacy Policy and applicable law.

Foreign Distributors—We do not provide Personal Information to any distributors in foreign markets.

To defend or enforce our rights—Blake Consulting may use Personal Information to protect itself or to protect the Site, to respond to a breach of its Terms of Service (or other applicable legal terms), to prevent fraudulent activity, or where it is necessary to pursue available remedies.

Law Enforcement and Litigation—Certain federal, state, local, or other government regulations may require that we disclose information that we hold. In such cases, we will use reasonable efforts to disclose only the Personal Information required under applicable law, such as in response to a facially valid court order, warrant or subpoena issued or made by a court, person or body. We may use or disclose Personal Information (a) if we believe in good faith that a law, regulation, rule or guideline requires it; or (b) to a person who needs the information because of an emergency that threatens the life, health or security of an identified group or person.

Aggregated data—Other than as stated above, if Blake Consulting provides a third-party with Personal Information, it will be in the form of aggregated data and used for product development, research, or statistical analysis. Aggregated data are created from records that are stripped of all personal identifiers, such as aggregated Assessment responses.

Cookies and Other Technologies

A cookie is a small text file that a website sends to a visitor’s browser and that sends back information each time the visitor makes a request from the website. A cookie contains a unique identification number that identifies the visitor’s browser, but not necessarily the visitor. Cookies can be accepted, rejected, or identified by configuring a browser’s preferences or settings. Pixel tags or clear gifs are tiny graphics with a unique identifier that are embedded invisibly on a webpage and are used to track a visitor’s movements on a website. We use the information gathered by clear gifs to help us better manage content on the Site. Cookies and pixel tags are used to help recognize a returning visitor, and to help customize the visitor’s online experience. Unless a visitor specifically informs us of his/her identity (e.g., by registering with us), we will not know who the individual visitor is.

The Site uses cookies to collect Session Data and other session information. For more information about our specific use of cookies on the Sites, please visit the “Cookies” section on the relevant Site(s).

The Site does not respond to “do not track” signals or other similar mechanisms.

How We Retain Personal Information

As a general principle, we keep data in personally identifiable form only for as long as necessary to achieve the purposes for which it is being processed (subject to our reasonable archive, backup, and research practices). In practice, that generally means we may retain your Personal Information for as long as we are required to by applicable law. We may retain your Personal Information for a period time after you complete your assessment for our reasonable archive and backup purposes. The duration of our retention of your Personal Information may be set forth more specifically in our written agreement(s) with you, or our applicable Terms of Service or other legal terms. At all times, both while you are an active Respondent, we may retain Assessment responses and other data in non-personally-identifiable format for as long as the information is needed for our research, statistical analysis, product development, or other commercial purposes.

How We Protect Personal Information

We follow generally accepted industry standards to protect Personal Information, both during transmission and once we receive it. We use administrative, physical, and technical measures designed to protect Personal Information from unauthorized access, loss, misuse, disclosure, alteration, or destruction.

When we need to transfer information out of our firewall, we use industry-standard technological means to protect Personal Information while in transit through the Internet. We use encryption and a comprehensive authentication protocol to provide reasonable security.
No method of transmission over the Internet, or method of electronic storage, is fully secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Your Rights

We respect your rights as a data subject. In those instances when we are a data controller, we provide you with the rights described below. In those instances where we are a data processor, we will reasonably assist the data controller in facilitating your ability to exercise the rights below.

Right of access—You have the right to obtain confirmation as to whether or not your Personal Information is being processed. If your Personal Information is being processed, you have the right to access your Personal Information and the following information: (a) the purposes of the processing; (b) the categories of Personal Information concerned; (c) where possible, the period for which your Personal Information will be stored or the criteria used to determine that period; (d) the existence of your right to request that the data controller rectify or erase your Personal Information, or restrict processing of your Personal Information, or to object to processing of your Personal Information; (e) your right to lodge a complaint with a supervisory authority; (f) and the source of your Personal Information (if it was not obtained from you directly).

Right to rectification—You have the right to rectify inaccurate Personal Information concerning you. Taking into account the purposes of the processing, in some instances you will have the right to have incomplete Personal Information completed by providing supplementary written statements to us.

Right to erasure—You have the right to request erasure of your Personal Information when one of the following applies: (a) your Personal Information is no longer needed to achieve the purpose(s) for which it was originally collected or processed; (b) the processing of your Personal Information is based on your consent, you choose to withdraw that consent, and we have no other legal basis for ongoing processing; (c) you object to the processing and we have no overriding legitimate grounds for ongoing processing; (d) your Personal Information has been processed unlawfully; or (e) your Personal Information must be erased for compliance with applicable law. In those instances where you exercise this right against Blake Consulting as the data controller, we will accommodate your request to the extent practicable, and to the extent that it does not otherwise conflict with any of our other obligations. We reserve the right to retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our contractual agreements.

Right to restriction of processing—You have the right to restrict processing of your Personal Information where one of the following applies: (a) you contest the accuracy of your Personal Information, in which case processing will be restricted for a period allowing the data controller to verify or rectify the accuracy of your Personal Information; (b) processing of your Personal Information is unlawful; (c) processing of your Personal Information is no longer necessary for the purpose(s) for which it was collected or processed but you require it for the establishment, exercise, or defense of legal claims; or (d) you object to the processing, in which case processing will be restricted for a period allowing the controller to demonstrate whether legitimate grounds exist that override your objection.

Right to data portability—Where technically feasible, and as related to Personal Information you have provided to a data controller based on your consent or a contract with you, you have the right to receive that Personal Information in a structured, commonly-used and machine-readable format and to transmit that Personal Information to another controller if the processing of that Personal Information is performed by automated means.

Right to object to processing—In certain instances, you may have the right to object to processing of your Personal Information. Should you so object, the controller of your Personal Information must stop processing your Personal Information unless the controller can demonstrate (i) compelling legitimate grounds for ongoing processing of your Personal Information that override your objection; or (ii) the need for the establishment, exercise, or defense of legal claims.

Right not to be subject to automated decision-making—In certain instances, you have the right not to be subject to decisions based solely on automated processing (including profiling) that produces legal effects concerning you or otherwise significantly affects you. As of the effective date of this Privacy Policy, we do not engage in any such automated decision-making or profiling.

Right to block cookies—You have the right to block pixel tags and certain cookies. Most browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies, or prompt you before accepting a cookie from the Site that you visit. If you decide not to accept our cookies, you may not be able to access portions of our Assessments. Some cookies are strictly necessary for us to deliver the Site or Assessment, and those cookies cannot be disabled.

If Blake Consulting is the controller of your Personal Information and you wish to exercise any of the rights described above, please contact us with proof of identity. In general, you can expect a response to your request within 30 days. In some instances, fees may apply.

Privacy Shield

Blake Consulting complies with the U.S.–EU Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information from European Union member countries. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov/.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time. If we make material changes, we will place a prominent notice on the Site or we will send you a notice to the email address associated with your account.

Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us at rexblake@flintblake.com. You may also contact us through our Customer Service Center:

United States +1 (612) 849-8488
E-mail: rexblake@flintblake.com

Blake Associates Consulting, Inc.
ATTN: Privacy Officer
PO Box 582902
Minneapolis, MN USA