Criteria Corp

Privacy Policy

Posted/Revised: 04/06/2017

Please read this Privacy Policy carefully. This Privacy Policy (the "Policy") describes how we collect, use, and disclose information that we obtain about users of our websites located at http://www.criteriacorp.com and http://www.ondemandassessment.com (the "Websites") and the various services provided on or in connection with the Websites (the "Services").

When ordering a free HireSelect® trial or a paid HireSelect® subscription, all users are required to agree to our Terms of Use and Privacy Policy by checking and submitting the box with the statement:

If you did not do so, then do not access or use the websites or services.

If you have any questions relating to the content of this Policy please contact us at Corporate[at]Criteriacorp.com, Subject: Privacy Policy. Please see Section 9 for information concerning personal data received from European Union (EU) member countries.

You agree that your information will be handled as described in this Policy. Your use of the Websites and Services is subject to this Policy and also, if you are a Customer/Employer ("Customer"), by the Customer Terms and Conditions of Use located at http://www.criteriacorp.com/terms.htm ("Customer ToU"), or if you are a TestTaker, by the TestTaker Terms of Service located at http://www.ondemandassessment.com/terms.htm ("TestTaker ToS"), and any other applicable terms that are required as a condition of your use of the Services. You acknowledge that this Policy is part of your Customer ToU or your TestTaker ToS, as applicable. Capitalized terms that are not defined in this Policy have the meaning set forth in your Customer ToU or your TestTaker ToS, as applicable, or in any other contractual document between you and Criteria.

This Privacy Policy applies only to our Websites and Services. The Policy also does not apply to any other website or online service operated by our company, or to any of our offline activities. It does not apply to any third-party site or service linked to our Websites or recommended or referred by our Websites or by our staff. We are not responsible for the information practices of any third-party site or service.

We may collect information about you provided directly by you and by third parties or automatically through your use of our Websites or Services.

  1. Personally Identifiable Information We Collect

    We collect several types of information from and about users of the Websites and Services, including information by which you can be personally identified, such as your name, address, email address, phone number, and any other nonpublic information about you that is associated with or linked to any of the foregoing ("Personally Identifiable Information" or "PII"). PII excludes our tests and test questions and also excludes any test answers or test scores except to the extent they are associated or linked to PII of a TestTaker. The specific PII we collect depends on how you are using the Services.

    TestTaker PII. If you are a TestTaker, we may obtain your Candidate Data (as defined in the TestTaker ToS), including PII contained therein, from a Customer or another authorized third party. When you register to take a test or to otherwise use the Services, you will provide us with your name and email address. You also have the option of providing us with certain demographic data, including your age, sex, gender, education level, and primary language ("Demographic Data"), however, you will never be required to provide such Demographic Data nor will we disclose to a Customer whether you've provided such Data or disclose any such Demographic Data to a Customer, except in an aggregate and anonymous form. Upon a Customer's request, you may, at your sole discretion, also choose to upload a copy of your resume that includes your mailing address, job history and other personal information to the Services. You may also choose to take a test through our Services at the request of one of our customers, in which case you will submit answers through the Services.

    Customer PII. If you are a Customer, you will provide business contact information including name, job title, company name, email address, mailing address, and telephone number. Customers who have chosen to pay via credit card, may provide credit card information via a secure form to our credit card processor at authorize.net. Criteria does not have access to credit card numbers and they are not saved on our servers.

    Website Visitors. If you are simply visiting the Websites, you may choose, but are not obligated, to provide contact information such as your name and email address so we can provide you with additional information about our products and services.

  2. Our Use of PII

    We use your Personally Identifiable Information for the following purposes:

    • To provide our Services to you, to communicate with you about your use of the Services, to respond to your inquiries, to fulfill your orders if you are a Customer, and for other customer service purposes.
    • If you are a TestTaker, to collect your test answers, score them and submit a score associated with your name to Criteria's customer that requested that you take the test.
    • If you are a TestTaker and submit a resume, to provide that resume to our Customers.
    • If you are a TestTaker, to share with a potential employer’s integrated Applicant Tracking System or other pre-employment system used by a potential employer ("ATS").
    • To tailor the content and information we may send or display to you, to offer personalized help and instructions, and to otherwise personalize your experience while using the Websites and Services.
    • For marketing and promotional purposes. For example, we may use your information, such as your email address to send you news and newsletters, special offers and promotions, or to otherwise contact you about products or information we think may interest you.
    • To better understand how users access and use our Websites and Services both on an aggregated and individualized basis, in order to improve our Websites and Services and respond to user desires and preferences, and for other research and analytical purposes.
    • To monitor our tests to ensure they are non-discriminatory and EEOC compliant and to assist Customers, upon their request, with monitoring their hiring process to ensure their employee selection processes are non-discriminatory. Information disclosed for such purposes is provided to Customers only in an aggregate or anonymous form that cannot be reasonably identified with any particular individual.
    • To the extent necessary to enforce our Customer ToU and TestTaker ToS and to prevent harm to persons or property.

  3. Protection of PII

    Our hosting provider employs commercially reasonable data security tools to protect your PII. Unfortunately, even with these measures, we cannot guarantee the security of PII. By using our Websites, you acknowledge and agree that we make no such guarantee, and that you use our Websites at your own risk. You should take steps to protect against unauthorized access to your password, phone, and computer, by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

  4. Sensitive PII

    Some PII is so sensitive that it should never be submitted to Criteria. For example, you should never provide submit your social security number, national insurance number, financial information or passport number. If you are a TestTaker submitting a resume, application or other document to an employer or potential employer through our Websites or Services, in most cases you should not include information that could disclose information about medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying sexual preferences or sex life, or other information the disclosure of which could harm or embarrass you. We do not review or screen documents submitted through our Websites or Services to identify sensitive information. By submitting a document to our Websites or Services, you acknowledge that you are affirmatively opting in to Criteria's disclosure of the information in the document to the employer or potential employer. If you do not consent to the disclosure of the sensitive information in your documents, do not submit them to our Websites or Services.

  5. Information We Collect Automatically Through Cookies and other Tracking Technology

    Cookies. We and our third party partners may automatically collect certain types of usage information when you visit our Websites. For instance, when you visit our Websites, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Websites (e.g., the pages you view, the links you click, how frequently you access the Websites, and other actions you take on the Websites), and allow us to track your usage of the Websites over time.

    Log File Information. We may collect log file information about your browser or mobile device each time you access the Websites. Log file information may include anonymous information such as your web request, Internet Protocol ("IP") address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Websites, domain names, landing pages, pages viewed, and other such information.

    Clear Gifs. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Websites.

    Third Party Analytics. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Websites. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Websites.

    Do Not Track. Although we do our best to honor the privacy preferences of our Users, we are not able to respond to Do Not Track signals from your browser at this time.

    Mobile Analytics. When you access our Websites by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers ("IDFA"), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.

    Use of Automatically Collected Data. We may use the data collected automatically through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Websites; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Websites; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our Websites.

  6. Third Party Tracking and Online Advertising.

    We may permit third party ad networks, social media companies, and other third party services to collect information about browsing behavior from visitors to our Websites through cookies, social plug-ins, or other tracking technology. We may permit third party online advertising networks to collect information about your use of our Websites over time so that they may play or display ads that may be relevant to your interests on our Websites as well as on other websites or services. Typically, the information is collected through cookies or similar tracking technologies. The only way to completely "opt out" of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser's or mobile device's technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. To learn more about cookies, clear gifs/web beacons and related technologies and how you may opt-out of some of this tracking, you may wish to visit http://www.allaboutcookies.org. You may opt out of many third party ad networks, including those operated by members of the Network Advertising Initiative ("NAI") and the Digital Advertising Alliance ("DAA"). For more information regarding this practice by NAI members and DAA members and your choices regarding having this information used by these companies, including how to opt out of third party ad networks operated by NAI and DAA members, please visit their respective websites: http://www.networkadvertising.org/optout_nonppii.asp (NAI) and http://www.aboutads.info/choices (DAA). Opting out of one or more NAI or DAA member networks only means those members will no longer deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Websites or other sites. Depending on your mobile device, you may not be able to control tracking technologies through settings.

    Please see Section 10 for information on opting out of advertising from Criteria.

  7. How we Share Your Information

    We may share your personal information in the instances described below:

    • With other parties you choose to share data with through our Services.
    • With other parties when we have your consent to do so.
    • With your employer if you are using the Websites or Services at the request of your employer, the information you enter through the Websites or Services, including PII, may be shared with your employer.
    • With other companies owned by or under common ownership as Criteria. These companies will use your personal information in the same way as we can under this policy;
    • With third-party vendors and other service providers that perform services on our behalf, only as needed to carry out their work for us, which may include billing, payments, service fulfillment, web hosting or providing analytic services. We provide only as much information as is needed to perform the services on our behalf;
    • With other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of a bankruptcy or related or similar proceedings; and
    • With third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Criteria, our users, or others
    • We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data and other Aggregate Data (as defined in the Customer ToU and TestTaker ToS) with Customers or third parties.

  8. Accessing and Correcting Your PII

    Upon request, Criteria will provide you with information about whether we hold, or process on behalf of a third party, any of your PII. To request this information please contact us at Corporate[at]Criteriacorp.com, Subject: PII. You may, of course, decline to submit PII through our Services, in which case Criteria may not be able to provide certain Services to you or, if you are a TestTaker, to your employer or prospective employer and their agents.

    Criteria does not provide access to tests and test questions, which are Criteria's proprietary information.

    If you are a Customer, you can access and change some of your PII we store through the "My Settings" page of your account with us. If you are a Customer, TestTaker or Website Visitor and you have provided your PII to us, you may submit a request to access, review, correct and/or delete your PII by contacting us at Corporate[at]Criteriacorp.com, Subject: PII Changes, and we will use commercially reasonable efforts to honor your request.

    If you make a request to access your Personal Information we may charge you a fee subject to any maximum specified by applicable law. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We cannot change a TestTaker's answers to test questions or test scores.

    If you are a Customer, we cannot delete all your PII except by also deleting your user account. If you wish to cancel your account, please contact us at support@criteriacorp.com. If you are a TestTaker, we cannot delete your test answers and test scores. If Criteria has provided your test scores and any interpretation of them to a Customer, we cannot delete that information from our or the Customer's records and we cannot control the use that the Customer makes of it.

    Please note that, since we keep track of past transactions, you cannot delete information associated with past transactions on the Websites or through the Services. In addition, it may be impossible to completely delete your PII without some residual information because of backups. We also reserve the right to retain and use your PII as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

    Criteria has no obligation to delete aggregate, anonymized and/or de-identified information derived from information submitted by Customers, TestTakers and/or Website Visitors. Criteria may use this information for internal purposes or to analyze trends and markets on behalf of its Customers.

  9. Privacy Shield; Data Processing in the United States

    We participate in and have certified our compliance with the EU-U.S. Privacy Shield Framework (the "Framework"). We are committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Framework, to the Framework's applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield List at: https://www.privacyshield.gov/list.

    Criteria is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Criteria complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

    With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Criteria is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Criteria may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

    If you have privacy or data use concern, please contact us at Corporate[at]Criteriacorp.com, Subject: Privacy Policy. If after we respond you feel that we have not addressed your concern satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim.

    Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

    Your information will be stored and processed in the United States or any other country in which Criteria or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that do not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Criteria or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

  10. Opting Out of Marketing

    We do not share your information with any third party for marketing purposes. We do, however, occasionally send emails regarding new products and features of our Services.

    You have acknowledged and affirmed your understanding that you may receive service-related test preparation, career, and other job-related services from Criteria. You can stop receiving such information by changing your settings (unchecking the box) in your HireSelect® Settings Preferences page.

    You can stop receiving promotional email communications from us at any time by clicking on the "unsubscribe link" provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).

  11. Children's Privacy

    Our Services are not intended for use by children under 18. If we discover that a child under 18 has provided us with PII, we will delete such information from our systems.

  12. Amendment of this Privacy Policy

    This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please check back periodically. We will post any changes to this Policy on our Site, at http://www.criteriacorp.com/privacy.htm. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Websites and by contacting you via the email address you provided when you registered for the Services or requested information through the Websites.