Criteria Corp

Privacy Policy

Posted/Revised: September 23, 2018

1. OUR APPROACH TO PRIVACY

1.1 Criteria Corp. ("Criteria", "we", "our", or "us") is committed to protecting and respecting your privacy. This privacy policy sets out how we collect, store, process, transfer, share and use data that identifies or is associated with you ("personal information") and information regarding our use of cookies and similar technologies.

1.2 Criteria operates an employee and applicant testing platform that allows employers to instruct potential or current employees to take aptitude, personality and skills tests through our website at http://www.criteriacorp.com (the "Criteria Service").

1.3 Before accessing or using the Criteria Service, please ensure that you have read and understood our collection, storage, use and disclosure of your personal information as described in this privacy policy.

2. IDENTITY OF THE DATA CONTROLLER

2.1 Criteria Corp is the data controller of the personal information we hold about you.

3. PERSONAL INFORMATION WE COLLECT ABOUT YOU

The personal information we may collect

3.1 We collect personal information that you voluntarily submit directly to us when you use the Criteria Service. This can include information you provide to us when you register for an account and user profile, fill in a form on the Criteria Service, create or edit your user profile on the Criteria Service, correspond with us by phone, e-mail or otherwise, subscribe to our mailing lists, newsletters or other forms of marketing communications, respond to a survey, post comments in forums, enter a promotion, or use some other feature of the Criteria Service.

3.2 We will indicate to you if the provision of certain personal information is mandatory or optional. If you choose not to provide any personal information marked as mandatory, we may not be able to provide some features of the Criteria Service to you or respond to your other requests.

3.3 The list below sets out the categories of personal information we collect about you:

(a) Contact information, such as your name, phone number, address and e-mail address.

(b) Employment information, such as the name of the company you work for, and information about the business unit you work for, your job title and function.

(c) Correspondence and comments. When you contact us directly, e.g. by email, phone, mail or when you complete an online form, we will record your comments and opinions.

3.4 We may use this information to:

(a) operate, maintain and provide to you the features and functionality of the Criteria Service;

(b) communicate with you, including sending statements and invoices, communications, news, alerts and marketing communications;

(c) deal with enquiries and complaints made by you relating to the Criteria Service;

(d) address your questions, issues and concerns and improve the Criteria Service;

(e) determine products and services that may be of interest to you and to send you news alerts and marketing communications in accordance with your marketing preferences; and

(f) monitor and improve the Criteria Service.

3.5 The processing of the above personal information is necessary for:

(a) the performance of a contract and to take steps prior to entering into a contract; and

(b) our legitimate interests, namely administering and improving the Criteria Service, for marketing purposes and communicating with users.

Personal information we may collect automatically

3.6 We also automatically collect the following personal information indirectly about how you access and use the Criteria Service and information about the device you use to access the Criteria Service:

(a) Information about how you access and use the Criteria Service . For example, the website from which you came and the website to which you are going when you leave our website, how frequently you access the Criteria Service, the time you access the Criteria Service and how long you use it for, the approximate location that you access the Criteria Service from, whether you access the Criteria Service from multiple devices, and other actions you take on the Criteria Service.

(b) Information about your device. We also collect information about the computer, tablet, smartphone or other electronic device you use to connect to the Criteria Service. This information can include details about the type of device, unique device identifying numbers, operating systems, browsers and applications connected to the Criteria Service through the device, your Internet service provider or mobile network, your IP address and your device's telephone number (if it has one).

3.7 We may use the information we collect automatically to present the Criteria Service to you on your device and to determine products and services that may be of interest to you for marketing purposes. We may also use the personal information we collect from you to monitor and improve the Criteria Service and business, and to help us to develop new products and services.

3.8 The processing of the personal information we collect from you automatically is necessary for our legitimate interests, namely: to tailor the Criteria Service to the user and to improve the Criteria Service generally; to monitor and resolve issues; for marketing purposes; to communicate with users; to contact users; and for the detection and prevention of fraud.

3.9 We may anonymise and aggregate any of the personal information we collect (so that it does not directly identify you). We may use anonymised information for purposes that include testing our IT systems, research, data analysis, improving the Criteria Service and developing new products and features. We may also share such anonymised information with others.

The categories of recipients to which we may transfer your personal information

3.10 As required in accordance with how we use your personal information, we may share your personal information with the following:

(a) Service providers and advisors. Third party vendors and other service providers that perform services for us or on our behalf, which may include identifying and serving targeted advertisements, providing mailing, email or chat services, tax and accounting services, payments processing, data enhancement services, fraud prevention, web hosting, or providing analytic services.

(b) Purchasers and third parties in connection with a business transaction . Personal information may be disclosed to third parties in connection with a transaction, such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business.

(c) Law enforcement, regulators and other parties for legal reasons . Third parties as required by law or if we reasonably believe that such action is necessary to (i) comply with the law and the reasonable requests of law enforcement; (ii) detect and investigate illegal activities and breaches of agreements; and/or (iii) exercise or protect the rights, property, or personal safety of Criteria, its users or others.

4. COOKIES AND SIMILAR TECHNOLOGIES [1]

4.1 Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website.

4.2 Cookies are pieces of code that allow for personalisation of our website experience by saving your information such as user ID and other preferences. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes.

4.3 We use the following types of cookies:

(a) 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.?

(b) Analytical/performance cookies. They allow us to recognise 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.

(c) Google Analytics. We use a tool called "Google Analytics" to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google's ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use (as amended for government websites) and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.

(d) Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). ?

(e) We create a cookie named, "cookieTest" that stores a value of True and expires after one (1) day. This cookie is set to determine whether the user's browser has cookies enabled.

(f) We create a cookie named, "ci_session" that stores encrypted session data when a user enters an Event ID or submits her information to begin a test. The cookie does not collect any information. It simply stores some of the IDs that are assigned to the test taker including the Test Event ID and Test Taker ID. This is used to track the user's session through test completion. The cookie is cleared when the test is complete, or the browser window is closed.

4.4 The cookies we use are designed to help you get the most from our Criteria Service but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. Please note that if you choose to refuse cookies you may not be able to use the full functionality of our Criteria Service. These settings will typically be found in the "options" or "preferences" menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the "Help" option in your browser for more details.

(a) Cookie settings in Internet Explorer

(b) Cookie settings in Firefox

(c) Cookie settings in Chrome

(d) Cookie settings in Safari web and iOS.

4.5 We may also 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 our Criteria Service.

4.6 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.

4.7 If you only want to limit third party advertising cookies and similar technologies, you can opt out of receiving certain targeted advertising by visiting the following links (please bear in mind that there are many more companies listed on these sites than those that drop cookies via our website):

(a) Your Online Choices ( http://www.youronlinechoices.com/ )

(b) Network Advertising Initiative ( http://www.networkadvertising.org/ )

(c) Digital Advertising Alliance ( http://www.aboutads.info/consumers )

5. STORING AND TRANSFERRING YOUR PERSONAL INFORMATION

5.1 Security. We implement appropriate technical and organisational measures to protect your personal information against accidental or unlawful destruction, loss, change or damage. All personal information we collect will be stored on our secure servers. All transfers of personal information are protected by TLS encryption technology. We will never send you unsolicited emails or contact you by phone requesting your account ID, password, credit or debit card information or national identification numbers.

5.2 Retention Periods. We will store the personal information we collect for no longer than necessary for the purposes set out and in accordance with our legal obligations and legitimate business interests.

5.3 International Transfers of your Personal Information. As we are located in the USA, any information we collect from you will initially be collected and stored in the USA. If you are in the EU or EEA, this may mean that your personal information will be stored in a jurisdiction that offers a level of protection that may, in certain instances, be less protective of your personal information than the jurisdiction you are typically resident in.

5.4 We will take reasonable steps to ensure that your personal information is treated securely and in accordance with applicable law and this privacy policy.

5.5 Privacy Shield. We comply with the EU-U.S. Privacy Shield framework and Swiss-U.S. Privacy Shield framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information received from European Union countries and Switzerland (the "Privacy Shield"). We have certified that we adhere to the Privacy Principles of notice, choice, accountability for onward transfer, security, data integrity, purpose limitation, access, and recourse, enforcement and liability (" Principles"). If there is any conflict between the policies in this policy and the Principles, the Principles shall govern. To learn more about Privacy Shield, please visit the U.S. Department of Commerce Privacy Shield website: https://www.privacyshield.gov/. For more information regarding our Privacy Shield certification, please see: https://www.privacyshield.gov/list.

5.6 If you wish to enquire further about the safeguards we use, please contact us using the details set out at the end of this privacy policy.

6. YOUR RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION

6.1 If you are resident in the European Union, in accordance with European Union privacy law, you have the following rights in respect of your personal information that we hold:

(a) Right of access. You have the right to obtain:

(i) confirmation of whether, and where, we are processing your personal information;

(ii) information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods;

(iii) information about the categories of recipients with whom we may share your personal information; and

(iv) a copy of the personal information we hold about you.

(b) Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.

(c) Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.

(d) Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.

(e) Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.

(f) Right to object. You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.

6.2 If you wish to exercise one of these rights, please contact us using the contact details at the end of this privacy policy.

6.3 Residents in other jurisdictions may have similar rights to the above. If you would like to exercise one of these rights, please contact us using the contact details at the end of this privacy policy. We will comply with any request to the extent required under applicable law.

7. JURISDICTION AND ENFORCEMENT

7.1 As part of our participation in the Privacy Shield, we are subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC).

7.2 You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

7.3 In compliance with the EU-US and Swiss-US Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact us using the contact information listed below.

7.4 We have further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the JAMS Privacy Shield Program. Under certain conditions specified by the Principles, you may also be able to invoke binding arbitration to resolve your complaint. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.

8. LINKS TO THIRD PARTY SITES

Our Criteria Service may, from time to time, contain links to and from third party websites, including those of other users, our partner networks, advertisers, partner merchants, news publications, retailers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.

9. OUR POLICY TOWARDS CHILDREN

9.1 Our Criteria Service is not directed at persons under 16 and we do not knowingly collect personal information from children under 16. If you become aware that your child has provided us with personal information, without your consent, then please contact us using the details below so that we can take steps to remove such information and terminate any account your child has created with us.

10. CHANGES TO THIS POLICY

We may update this privacy policy from time to time and so you should review this page periodically. When we change this privacy policy in a material way, we will update the "last modified" date at the end of this privacy policy. Changes to this privacy policy are effective when they are posted on this page.

11. NOTICE TO YOU

If we need to provide you with information about something, whether for legal, marketing or other business-related purposes, we will select what we believe is the best way to get in contact with you. We will usually do this through email or by placing a notice on our Criteria Service.

12. CONTACTING US

If you are based in the UK, you may contact us by calling 0 80 0014 8268. Regardless of your location, please contact criteriaprivacy [at] criteriacorp.com if you have any questions, comments and requests regarding your personal information.

[1] Some of the versions being circulated refer to "cookieTest" and "ci_session" cookies. Are these the only cookies you use? (e.g. you mentioned Google Analytics - this usually places a _ga or _gat cookie, or both)

Could you please also confirm which cookies you use on your customer-facing service and which on your testtaker facing service? (e.g. the ci_session cookie seems only relevant for testtakers).