Privacy Policy

Posted/Revised: 12/12/2024

1. OUR APPROACH TO PRIVACY

1.1 Criteria Corp. and its affiliate entities-such as Criteria Australia Pty Ltd, an Australian corporation (ABN 58 089 022 202)(" Company", "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 Company operates an employee and applicant testing platform that allows potential or current employees to take aptitude, personality and skills tests through our website at www.ondemandassessment.com (the "Service").

1.3 Before accessing or using our 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 We provide you access to the Service on behalf of your employer or prospective employer (the "Employer"). As such, most of the personal information we collect about you when you use the Service is collected on behalf of the Employer. The Employer is therefore the data controller in respect of the personal information referred to in paragraph 3 below.

2.2 We do, however, collect some personal information for our own purposes, such as where we collect certain personal information to monitor and improve our Service. Company is the data controller in respect of the personal information referred to in paragraph 4 below.

3. PERSONAL INFORMATION WE COLLECT ABOUT YOU ON BEHALF OF THE EMPLOYER

The personal information we may collect (hereinafter "PII")

3.1 We collect personal information on behalf of the Employer that you voluntarily submit directly to us when you use our Service. This can include information you provide to us when you fill in a form on our Service, respond to questions, take a test on our Service or upload any documents (such as resumes or CVs) through the 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, the Employer may not be able to process your application or perform some of its obligations to you.

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

(a) Contact information, such as your name or Test Event ID and e-mail address.

(b) Account log-in details.

(c) Test responses and results. Your responses to test questions and the associated score, report or other performance evaluation.

(d) Any other personal information the Employer may request or you provide in connection with your application, such as information contained in any documents you upload to the Service or audio-visual recording if applicable.

3.4 The Employer may use this information to:

(a) open and maintain your candidate records (if you are an applicant) or update and maintain your employment records (if you are an existing employee of the Employer);

(b) communicate with you as part of the testing process;

(d) assist your Employer manage teams within its workplace(s), including having an understanding of key strengths of team members;

(e) conduct identity and background checks (if you are an applicant);

(f) monitor and improve its application and/or training processes.

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) the Employer's legitimate interests, namely internal administrative, team management purposes as well as managing recruiting activities and/or human resources records.

The categories of recipients to which the Employer may transfer your personal information

3.6 As required in accordance with how the Employer uses your personal information, the Employer may share your personal information with the following:

(a) Affiliates of the Employer. Personal information may be transferred to the Employer's subsidiaries, its parent company and subsidiaries of its parent company in connection with:

(i) the provision of centralized human resources management;

(ii) group business planning, budgeting, reporting and strategy;

(iii) group-level legal and regulatory compliance and managing associated risks, providing legal advice and in connection with potential or actual litigation; and

(iv) reporting, assessing and responding to claims for risk management.

(b) Service providers and advisors. Third party vendors and other service providers that perform services for the Employer or on the Employer's 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. Your personal information may be disclosed in connection with:

(i) managing the application process;

(ii) storing the results of various application processes to assess the suitability of candidates for a role;

(iii) the provision of centralized human resources management;

(iv) the provision of centralized IT infrastructure; and

(v) legal and regulatory compliance and managing associated risks, including providing legal advice in connection with potential or actual litigation.

(c) 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, reorganization, financing, change of control or acquisition of all or a portion of the Employer's business.

(d) 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 the Employer, its users or others.

3.7 The Employer might use the personal information we collect about you on its behalf for other purposes in connection with processing your application, internal administration, team management and/or maintaining human resources records. Please refer to any further privacy notices provided by the Employer for further information about how the Employer will use your personal information, including the personal information we collect through the Service on its behalf.

4. PERSONAL INFORMATION WE COLLECT ABOUT YOU FOR OUR OWN PURPOSES

Personal information we may collect

4.1 We collect PII that you voluntarily submit directly to us when you fill in a form or respond to questions on our Service. We may use this information to communicate with you in connection with the testing process.

4.2 The processing of this 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 the Service and communicating with users.

4.3 If you are in the USA, we may also collect information about your age, sex, gender, education level, primary language, and ethnicity (your "Demographic Information"). You can choose not to provide all or some of this information, and we will not inform the Employer that you have or have not chosen to provide this information. We may use this information to:

(a) monitor and improve our Service; and

(b) provide additional services to the Employer, such as monitoring and improving its application processes.

Personal information we may collect automatically

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

(a) Information about how you access and use the 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 Service, the time you access our Service and how long you use it for, the approximate location that you access the Service from, whether you access the Service from multiple devices, and other actions you take on the Service.

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

4.5 We may use the personal information we collect from you to monitor and improve our Service and business, and to help us to develop new products and services.

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

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

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

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

(a) The Employer. We may share your Contact Information with the Employer for the purpose of providing our services to the Employer.

(b) Service providers and advisors. We may share your personal information with third party vendors and other service providers that perform services for us or on our behalf, which may include providing mailing, email or chat services, fraud prevention, web hosting, or providing analytic services. These third parties are listed on the our subprocessor listing (updated from time to time) and available from us upon request.

(c) Purchasers and third parties in connection with a business transaction. Other than your Demographic Information, your personal information may be disclosed to third parties in connection with a transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business.

(d) Law enforcement, regulators and other parties for legal reasons. We may share your personal information with 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 Company, its users or others.

(e) With other companies and brands owned or controlled by Company, and other companies owned by or under the common ownership as Company, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this policy.

5. COOKIES AND SIMILAR TECHNOLOGIES

5.1 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.

5.2 Cookies are pieces of code that allow for personalization 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.

5.3 We use the following types of cookies:

(a) Strictly necessary cookies. These are cookies that are required for the operation of our website, such as:

(i) Enabling you to log into secure areas of our website and progress through our testing process. We use a cookie called "ci_session" for this purpose. This cookie stores encrypted session data to track your session through test completion. This cookie is installed when you first access a test on our Service, and is deleted when you finish the test or close your browsing window.

(b) Analytical/performance cookies. They allow us to recognize 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. We may use third party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. 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.

(c) Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region). This cookie is set to determine whether the user's browser has cookies enabled.

5.4 The cookies we use are designed to help you get the most from our Service but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. We must, and will, seek your consent for all but strictly necessary cookies and those used solely for transmitting communications over electronic networks. Please note that if you choose to refuse cookies you may not be able to use the full functionality of our 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

(d) Cookie settings in Safari web and iOS.

5.5 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 Service.

5.6 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 .

5.7 If you only want to limit third party advertizing 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/ )

5.8 Deleting or blocking cookies may not be effective for all types of tracking technologies, such as Local Storage Objects (LSOs) like Flash objects or HTML5.

5.9 We do not track your online activities after you leave our web site. For that reason, we do not take any action in response to a Do Not Track signal in your browser settings.

6. STORING AND TRANSFERRING YOUR PERSONAL INFORMATION

6.1 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 and 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.

6.2 Retention Periods. We will store the personal information we collect for our own purposes for no longer than necessary for the purposes set out and in accordance with our legal obligations and legitimate business interests. The Employer may have its own policies regarding how long they store the information we collect on its behalf - please refer to any privacy policies provided by the Employer or contact the Employer directly using the contact details below to find out more.

6.3 International Transfers of your Personal Information. Many of the features of the Service are provided and hosted in the United States and/or Australia. If you are located outside of the United States (including the EU or EEA), this may mean that your personal information will be stored and processed 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. By visiting or using the Service, you consent to storage of your data on servers located in the United States and/or Australia. If you are using the Services from outside the United States, you consent to the transfer, storage, and processing of your data in and to the United States or other countries. Your data is also processed outside of the UK, Switzerland, and the EEA by our affiliated companies, or our service providers, including to process transactions, facilitate payments, and provide support services as described in Section 3. We have entered into data processing agreements with our service providers that restrict and regulate their processing of your data on our behalf. By submitting your data or using the Service, you consent to this transfer, storage, and processing by Company and its processors.

6.4 We will take reasonable steps to ensure that your personal information is treated securely and in accordance with applicable law and this privacy policy. If you are a resident of the EEA, the UK or Switzerland, we will protect your personal information when it is transferred outside of the EEA, the UK or Switzerland by either processing it in a territory which the European Commission has determined provides an adequate level of protection for personal information; or by relying on the Standard Contractual Clauses approved by the European Commission

6.5 Privacy Shield. Although we no longer rely on the Privacy Shield framework for transferring your data outside of the UK, Switzerland, or the EEA, we continue to 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 (the "Privacy Shield"), including the principles of notice, choice, accountability for onward transfer, security, data integrity, purpose limitation, access, and recourse, enforcement and liability. To learn more about Privacy Shield, please visit the U.S. Department of Commerce Privacy Shield website: https://www.privacyshield.gov/ .

6.6 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.

7. YOUR RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION

7.1 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 or the Employer holds:

(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.

(g) If you wish to exercise one of these rights, you may contact the Employer or us (as appropriate) using the contact details below. Where you have submitted a request for rectification, restriction or erasure, we will notify the other recipients of your personal information in accordance with applicable law. We will, in our capacity as a data controller, honor your requests according to applicable law. To contact us:

Representative

We value your privacy and your rights as a data subject and have therefore appointed Prighter Group with its local partners as our privacy representative and your point of contact for the following regions:

European Union (EU)

United Kingdom (UK)

Prighter gives you an easy way to exercise your privacy-related rights (e.g. requests to access or erase personal data). If you want to contact us via our representative, Prighter or make use of your data subject rights, please visit the following website: https://prighter.com/q/14974834

7.2 If you are a resident of the State of California, you may exercise the rights described below. By choosing to exercise your rights as described below, you are declaring that you are a California resident as defined in the California Consumer Privacy Act of 2018, Civil Code Section 1798.100 ( “CCPA” ).

(a) Right to Know. You have the right to ask us for a copy of your Personal Information collected over the past 12 months and for information about how we collect, use, disclose, and sell it. We do not share Personal Information with third parties for their own direct marketing purposes without your permission. Please refer to the following sections of our privacy policy for specific information on how we collect, use, disclose, and sell Personal Information over the past twelve (12) months:

(i) categories of Personal Information we collected: Sections 3.3, 4.1, 4.4, 4.7, and 5.3.

(ii) sources of Personal Information: Sections 3.1, 4.1, and 5.1.

(iii) how we used Personal Information: Sections 3.4, 3.5, 3.6, 3.7, 4.5, 4.6, 4.7, 4.8, 5.3 and 5.5.

(iv) how we shared Personal Information: Sections 4.8, 5.3 and 5.5.

(b) Right to Deletion. You have the right to request for us to delete any of your Personal Information. If you delete your Personal Information, you will permanently lose access to your Personal Information and/or Service account. We may deny your deletion request when permitted by applicable law or for business purposes including, without limitation, when Personal Information is needed to comply with our legal obligations, meet regulatory requirements, support our business operations, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms and Conditions of Use, fulfill your request to “unsubscribe” from further messages from us, or confirm that we have deleted your Personal Information. We retain anonymized information after your account has been closed. We cannot disclose or delete specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of personal information, your account with us or the security of our systems.

(c) Right to Correction. You have the right to update or modify certain of your personal information. If you have a customer account, you may update or modify your Personal Information by accessing your account and making the changes in your account settings. If you do not have a customer account and are TestTaker, user of our website or Service, then you may request that your Personal Information be updated by emailing us at: help@criteriacorp.com

(d) Right to Opt-Out of the Sale of Your Personal Information. You have the right to ask that we not sell your Personal Information. We do not sell, in the traditional sense of the word, or rent personal information to third parties for money. We do, however, share your Personal information as we have described in this privacy policy to make the Service available to you.

(e) Right to Non-Discrimination. We will not discriminate against customers or users who exercise their rights under the CCPA.

(f) Exercising your Rights. If you wish to exercise one of these rights, please contact your Employer or us at: (i) https://ondemandassessment.com/candidate-request if you use the Service for an Employer based in any country (except Australia or the Asia-Pacific region); or (ii) Privacy@criteriacorp.com if you use the Service for an Employer based in Australia or the Asia-Pacific region. Please include your name and email address with your request. Before we can process any such request, we will need to verify your identity through the email address or telephone number associated with your use of our Service, and confirm your request prior to fulfilling any such request and reserve the right to deny a request where we are unable to satisfactorily complete this process. If you authorize someone to make a request on your behalf, we may also deny your request if we are unable to verify that the individual making the request is authorized to act on your behalf. Once your identity and request have been verified, then we will attempt to notify the Employer for additional processing of your request. using the contact details at the end of this privacy policy.

7.3 Residents of Australia. If you are a resident of Australia and you have a complaint, you may refer it to the office of the Australian Information Commissioner (“ OAIC ”). You can contact OAIC by visiting www.oaic.gov.au; forwarding an email to enquiries@oaic.gov.au; telephoning 1300 363 992; or writing to OAIC at GPO Box 5218, Sydney NSW 2001.

7.4 Residents in other jurisdictions. If you are not a resident of the European Union, Australia or California, you may still have similar rights to the above. If you would like to exercise one of these rights, please contact us:

If you use the Service for an employer based in any country (excluding Australia or the Asia-Pacific region) at: https://ondemandassessment.com/candidate-request .

If you use the Service for an employer based in Australia or the Asia-Pacific region at: Privacy@criteriacorp.com .

Or, you may contact the Employer (as appropriate). We will comply with any request to the extent required under applicable law.

8. JURISDICTION AND ENFORCEMENT

8.1 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).

8.2 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 .

8.3 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.

8.4 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.

9. LINKS TO THIRD PARTY SITES

Our 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.

10. OUR POLICY TOWARDS CHILDREN

10.1 Our Service is not directed at persons under 18 and we do not knowingly collect personal information from children under 18. 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.

11. 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.

12. 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 Service.

13. CONTACTING THE EMPLOYER

If you have any questions, comments and requests regarding your personal information collected by us on behalf of the Employer as set out in paragraph 3, please contact the Employer directly.

14. CONTACTING US

If you have any questions, comments or requests regarding your personal information, please contact us at:

For any country/region (except Australia and Asia Pacific Region):

Criteria Corp

750 N San Vicente Blvd. Suite 1500

West Hollywood, California USA 90069

Email: https://ondemandassessment.com/candidate-request

For Australia and Asia Pacific Region:

Criteria Australia Pty Ltd Level 18, 333 Ann Street Brisbane, QLD 4000, with a copy to:

Criteria Corp, 750 North San Vicente Blvd. Suite 1500 East Tower, West Hollywood, CA 90069.

Email: Privacy@criteriacorp.com

How did we do?

(opens in a new tab)