Privacy Policy

Potentia LLC (Potentia) respects the privacy of information that identifies you or is identifiable to you (Personal Information). We want you to understand how Potentia processes Personal Information, and how you can submit privacy rights requests to us concerning your Personal Information, in compliance with the various laws in the United States that govern Potentia’s processing of Personal Information (Data Privacy Laws). Our processing of Personal Information is governed by those Data Privacy Laws as well as this Privacy Policy (Policy).

Children

We do not intend to, and do not knowingly, process Personal Information about individuals who are minors in the jurisdictions where they reside (Children). Individuals who are Children should not provide any Personal Information to us, and individuals should not provide Personal Information to us about Children. If we discover that we have Personal Information about Children, we reserve the right to delete that Personal Information from our systems.

Personal Information

Potentia provides software-as-a-service solutions that enables users to conduct, undergo and manage aptitude, personality, and skills assessments (Services). Potentia provides Services to individuals, organizations, and independent consultants (Customers). In the course of providing the Services, Potentia receives from Customers, collects, and processes Personal Information, which may include the following: (1) identifiers, such as first and last name, email address, residential address, and phone numbers; (2) employment information, such as the name of employer, designation, job title, and function; (3) financial information, such as your credit card information, provided however that Potentia does not store or has access to any such payment and credit information and uses a third-party payment processor to process all such payments.

Depending on how you interact with us, we may also collect Personal Information when you visit our website, subscribe for the Services, create an account with us, use the Services, fill out or complete an aptitude, personality, or skills assessment, communicate with us directly or indirectly by email or other methods, subscribe to our mailing lists, newsletter, or other forms of communications, respond to a survey or enter a promotion, and interact with us in other ways.

Potentia has collected Personal Information in the last twelve months and processed it for the purposes described in this Policy.

Sensitive Information

Depending on the Services that we provide to certain Customers, Potentia may receive from Customers, collect, and process certain types of Personal Information that is of a sensitive nature (Sensitive Personal Information), including information about the following: race; ethnic origin; national origin; gender; sexual orientation or identity; sex life or activity; religion or religious affiliation; political opinions or affiliation; philosophical beliefs; physical or mental health; and numbers for bank, debit, credit, and other financial accounts. For purposes of this Policy, Sensitive Personal Information is a sub-category of Personal Information.

Legal Bases for Processing Personal Information

If Potentia is providing Services to entity Customers whose employees use our Services, Potentia relies on the Customers to ensure that the Personal Information we process about those employees is processed in compliance with Data Privacy laws, including provision of any notices and obtaining consents to the extent such notices and consents are required under Data Privacy Laws. Potentia also has contractual and other commercial, business, and legal relationships with and obligations to provide Services to Customers. Finally, Potentia seeks and obtains consent from Customers and employees of Customer to process Personal Information if and to the extent consent is required for processing of Personal Information under Data Privacy Laws. These are the legal bases for Potentia to process Personal Information.

Potentia may process Personal Information for any purpose related to providing Services to a Customer and further develop its Services generally, including but not limited to the following: (1) provide, develop, maintain, and enhance the Services and our website; (2) communicate with Customers about the Services; (3) provide support for the Services including responding to requests, questions, feedback and technical support; (4) process and complete transactions, and send related information, including purchase confirmations and invoices; (5) personalize Customer experience with the Services and website; (6) send marketing and promotional communications that we believe may be of interest, such as information about our Services, features, offers, catalogues, promotions, and events; (7) maintain the safety, security, and integrity of our Services and our website; (8) comply with legal and regulatory obligations; and (9) establish, enforce, and otherwise exercise our rights and defend against claims.

Disclosure of Personal Information

Except as necessary or appropriate to provide Services to Customers, Potentia does not disclose Personal Information about Customer to unaffiliated third parties or others that are not sub-contractors of Potentia, provided that we may disclose Personal Information for the following purposes and in the following circumstances.

If directed to do so by the Customer from whom we received or for whom we collected the Personal Information
If directed to do so by the individual about whom such Personal Information pertains or that individual’s legal representative
If required to do so by Data Privacy Law, any other law, rule, or regulation, legal process or warrant, or order of any court or governmental agency or authority
To our agents and service providers necessary or appropriate to provide the Services, such as information technology and security providers, data hosting services, providers that process payments, attorneys, accountants, tax professionals, financial advisers, or any other third party that is necessary or appropriate for Potentia to disclose Personal Information to in order to provide the Services. Unless we tell you differently, our agents and service providers do not have any right to use the Personal Information we share with them beyond what is necessary to assist us in providing Services to you
In connection with a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation of Potentia
To entities that perform marketing, advertising or market research on our behalf
If we determine that doing so would be in the public’s interest
For protection of Potentia, the Customer, the individual about whom such Personal Information pertains, and potentially other affected individuals

Privacy Rights

Depending on the Personal Information that Potentia has about you, and depending on the manner in which we process your Personal Information, you may have the following privacy rights related to our processing of your Personal Information.

Be informed about how your Personal Information is being processed, the categories of Personal Information being processed, and the categories of sources from which your Personal Information has been collected
Be informed about whether and how your Personal Information being processed is being sold, shared, traded, exchanged or brokered with unaffiliated third parties, and which categories of your Personal Information are being sold, shared, traded, exchanged or brokered with unaffiliated third parties
Access or receive a copy of your Personal Information
Rectify, update or correct inaccurate or incomplete Personal Information about you
Erasure or deletion of certain categories of your Personal Information
Limit, object and opt-out of processing of your Sensitive Personal Information
Opt-out of the sale, sharing, trading, exchange, and brokering of your Personal Information with unaffiliated third parties
Portability of your Personal Information in a commonly used format
Withdrawal of your consent to processing of your Personal Information to the extent such processing is based on your consent, provided that such withdrawal will not affect the lawfulness of Potentia’s use of your Personal Information before such withdrawal
Non-discrimination for exercising your privacy rights

To make a request concerning these rights, please complete and submit the Privacy Rights Request Form on our website. We will promptly confirm receipt of all complete Privacy Rights Request Forms. We will substantively respond to all such requests within 30 days, subject to any lawful extension of that period. Additionally, there may be a delay in processing a request while we verify that the request is valid and originates from you as opposed to an unauthorized person.

Please be aware there may be valid reasons to refuse a request in whole or in part, including legal and regulatory requirements that we retain and process certain information. Also, please be aware that certain privacy rights requests may limit or prevent us from providing Services to you. In those situations, we will notify you in writing as discussed above. You may also contact our Data Privacy Officer for help with those situations.

Potentia will not discriminate against you for your lawful exercise of the foregoing rights or any other rights under Data Privacy Laws, including by not denying Services to you, not providing a different level or quality of Services to you, and not suggesting that you will receive a different level or quality of Services, unless your privacy rights requests prevents us from doing so.

Selling, Share, Trading, Exchanging and Brokering Personal Information

Except as otherwise disclosed in this Policy, Potentia does not sell, share, trade, or exchange Personal Information (including as those terms are defined and used in Data Privacy Laws), including for itself or any unaffiliated third party. If you want to opt-out of any sale, sharing, trading, or exchanging of your Personal Information, please complete and submit the Privacy Rights Request Form on our website, and we will address such requests as described in the foregoing section of this Policy.

Automated Decision Making

Potentia does not use automated decision making or profiling in the processing of your Personal Information, and does not make decisions that affect you based on automated decision making or profiling using your Personal Information.

Duration of Retention

Because the Services that Potentia provides vary significantly from Customer to Customer, the duration we retain Personal Information likewise varies significantly, depending on the types of Services that Potentia provides to particular Customers, the duration and depth of Potentia’s relationship with particular Customers, and the nature of Personal Information in question. Potentia endeavors to retain Personal Information that it receives from or collects for only as long as is necessary or appropriate.

Cookies

When you visit our website, Potentia may place a cookie (a text file containing a randomly assigned number) on your device so that we have the ability to customize the look and feel of the website for you. Cookies retain information about you, your preferences, and your device for a better user experience when visiting the website. Using cookies, we may also collect a variety of other information regarding your usage of the website, including your Internet protocol address, username, session identification, browser you are using, web pages you view and referring web pages, when you access the website, and general online behavior for performance and marketing purposes. You may decline to accept cookies by modifying your web browser settings. If you choose so, however, you may be unable to use some or all functions of the website, or the website may operate less efficiently.

Changes to Policy

Potentia reserves the right to change or amend this Policy at any time and for any reasons, including to remain in compliance with Data Privacy Laws.

Questions

For questions about Potentia’s processing of your Personal Information or this Policy, please contact our Data Privacy Officer as follows:

David Wolff

Phone: (603) 307-2580

Email: [email protected] 

Address:

Potentia LLC

8 Gifford Farm Road Stratham, NH 03885

Last Updated: September 1, 2024