The mission of Smarterer is to provide a platform to test and score individuals on their professional skills. There are two main types of Smarterer Users: individuals who access our Services for their personal consumption (“Consumer Users”) and individuals who access our Services on behalf of and at the request of an employer or other legal entity (“Enterprise Users”). Enterprise Users fall under one of two categories: administrators and test-takers.
Please read this policy and send us questions, concerns and suggestions at firstname.lastname@example.org.
We collect your personal information in the following ways:
The Test Questions, Testing and Scoring Information and any other ideas, concepts, responses to questions or queries or other techniques, data or information, including any modifications, enhancements or derivative works, contributed by you relating to the activities on the website or otherwise relating to the Services (not otherwise included under the definition of Profile Information) may be referred to as "User-Generated Content."
Smarterer Communications. As described in the applicable User Agreement, we will communicate with you through email and notices posted on the Smarterer website or through other means available through the service, including mobile text messages. We may send you a series of emails that help inform new Users about the features of the Services, and we will also send you service messages relating to the functioning of the Services. If you are a Consumer User, we may also send you messages with promotional information directly or on behalf of our partners, unless you have opted out of receiving promotional information. Consumer Users can change e-mail and contact preferences at any time, by logging into your account and changing your settings related to your email notification choices. If you wish, you can also opt-out of receiving promotional emails by sending a request to Smarterer at email@example.com. Please be aware that you cannot opt-out of receiving service messages from Smarterer. Also, if we send communications to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with your receipt of messages on your mobile device (including text messaging charges).
Customized Content. We use information provided to us (or to third parties with whom we offer combined services) to customize your experience on our website. For example, when you login to your account, we will display information about new tests or upgrades to prior tests we think may interest you.
Sharing Information with Third Parties. If you are an Enterprise test-taker within an Enterprise, we share your Test and Scoring Information with administrators within your Enterprise. Likewise, if you are an Enterprise administrator, we share your Test Questions with other Users within your Enterprise. Smarterer does not otherwise sell, rent, or otherwise provide its Users’ personally identifiable information to third parties for marketing purposes. However, please note that all information that you elect to make available to the public may published to the public internet and cached by third-party search engines. We may provide aggregated anonymous data about the usage of the Services to third parties for purposes that we deem, in our sole discretion, to be appropriate. When you access your account via an SNS or other third party service, you are granting the third party site or service permission to access the information in your account (including your Profile Information and User-Generated Content).
Compliance with Legal Process. It is possible that we may need to disclose personal information, profile information and/or information about your activities as a Smarterer User when required by subpoena or other legal process, or if Smarterer has a good faith belief that disclosure is necessary to (a) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (b) to enforce the applicable User Agreement, to investigate and defend ourselves against any third party claims or allegations, or to protect the security or integrity of our site; and/or (c) to exercise or protect the rights, property or personal safety of Smarterer, our Users, employees, or others.
Disclosures to others. We may also disclose your personal information and other information you provide to another third party as part of a reorganization or a sale of the assets of Smarterer Corporation, a subsidiary or division. Any third party to which Smarterer transfers or sells Smarterer's assets will have the right to continue to use the personal and other information that you provide to us.
Accessing and Changing Your Information.
You can review the personal information you provided to us or to the settings for your Smarterer account including your email and contact preferences, at any time by logging in to your account on the Smarterer website. Please be aware that even after your request for a change is processed, Smarterer may, for a time, retain residual information about you in its backup and/or archival copies of its database.
You may request deletion of your personal information at any time by contacting Smarterer customer service at firstname.lastname@example.org. We will use commercially reasonable efforts to respond to your request within 30 days. At your request or upon closing of your account, we will take reasonable efforts to remove any of your publicly available Testing and Scoring Information from the publicly shared areas of our Services. However, any User-Generated Content and Profile Information that you have shared with SNSs or other third parties or made publicly available based on your settings with Smarterer may be cached by Internet search engines or other databases. Further, any Test Questions you have licensed to Smarterer pursuant to the applicable User Agreement will not be removed or deleted from the Services.
Closing Your Account. You can close your account by emailing us at email@example.com. If you close your account, we have no obligation to retain your information, and may delete any or all of your account information without liability. We may retain certain data contributed by you if Smarterer believes it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. Smarterer may also retain and use your information if necessary to provide the Services to other Users. See “Accessing and Changing your Account Information” for details. Smarterer disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information. Smarterer does not control when search engines update their cache, which may contain certain public profile information that has since been removed from Smarterer's publicly viewable database. Users should carefully review Section 2 of the applicable User Agreement for additional information about licensing and ownership of personal information.
Memorializing Accounts. If we learn that a User is deceased, we may memorialize the User's account. In these cases we may restrict profile access and close an account if we receive a formal request from the User's next of kin or other proper legal request to do so.
As a User, you have certain obligations to other Users. Some of these obligations are imposed by applicable law and regulations, and others have become commonplace in communities such as Smarterer:
Children and Minors. Children and Minors. Children are not eligible to use our service and we ask that minors (under the age of 18) do not submit any personal information to us or use the service.
In order to help secure your personal information, access to your data on Smarterer is password-protected, and sensitive data is protected by SSL encryption when it is exchanged between your web browser and the Smarterer website. To protect any data you store on our servers, Smarterer also regularly audits its system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center. However, since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to Smarterer. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information.
Smarterer, Inc. complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor 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 and Switzerland. Smarterer has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Smarterer's certification, please visit http://www.export.gov/safeharbor/.
In compliance with the U.S.-EU Safe Harbor Privacy Principles and the U.S.-Swiss Safe Harbor Privacy Principles, we endeavor to resolve all complaints about privacy and the collection or use of customer information. If you have questions about our participation in the Safe Harbor program or have a complaint, please send an e-mail to our Chief Privacy Officer at firstname.lastname@example.org.
Smarterer has committed to provide recourse for individuals to whom privacy data relates and to remedy problems arising out of its failure to comply with the US-EU and US-Swiss Safe Harbor Principles by cooperating with European Union Data Protection Authorities (DPAs). Smarterer will cooperate with the DPAs in the investigation and resolution of complaints brought under the Safe Harbor; and Smarterer will comply with any advice given by the DPAs where the DPAs take the view that Smarterer needs to take specific action to comply with the Safe Harbor 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. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Smarterer, please visit the DPA in your jurisdiction for more information and to file a complaint.