Privacy Policy

1. Information we collect

We collect information, which may include personal information, about you directly from you, from third parties, and automatically through your use of our Site or Services. We may combine information automatically collected with other information that we have collected about you.

You may browse and use certain portions of our Site without directly providing us with any personal information. Certain features, however, may only be used by organisations or their users that are registered. For example, in order to create your own quizzes you must provide us with certain information.

• Information You Provide Us. Depending on your interactions with our Site, you may provide us your name, username, email address, and country of residence if you use our Site, and your message if your message if you Contact Us through our Site.
• Information About You We Obtain from Third Parties. We may obtain certain information about registered administrator accounts from a third party system to determine IP address location information, or from a third party system (such as a recruiter) that integrates with our system that sends us data via our API to allow you to use services on our Site.
• Information We Collect Automatically. We automatically collect information through your use of our Site using cookies and other technologies. This information may include, without limitation, your domain name, operating system, settings and system configurations, IP address, the webpages you access within our Site, the website that led you to our Site, the website to which you go after leaving our Site, the dates and times you access our Site, and web log data.

2. How we use your information

We may use your information for the following purposes:

• Providing Our Services. To provide our Services to you; to communicate with you, including via email, about your use of our Services; to respond to your inquires; and for other customer service purposes.
• Marketing. We may market our services to persons outside the EU. Where you consent, we may provide you with news and newsletters, special offers, and promotions; to contact you about products or information we think may interest you; and for other marketing, advertising, and promotional purposes provided that you have not opted-out of receiving such communications.
• Analyzing Use of Our Services. To better understand how users access and use our Site and Services, on an aggregated basis; to respond to user desires and preferences; and for other research and analytical purposes.
• To Protect Rights and Interests. To protect our rights and interests as well as the rights and interests of our customers, users of our Site or Services, and any other person, as well as to enforce this Privacy Policy and our Terms and Conditions.
• Complying with the Law. To comply with applicable legal obligations, including informal requests from law enforcement.

3. How we disclose your information

We may disclose your information, including personal information, with the following entities:

• ClassMarker Users. We will disclose your information to other ClassMarker users as part of our Services. For example, instructors will receive information about the users who have registered under them; this information may include user name, full name, email address and test results. Similarly, users will receive information about their instructors, such as their name or notes prepared by the instructor.
• Affiliates. We may disclose your information to current or future affiliates or subsidiaries for research, marketing, and other purposes consistent with this Privacy Policy.
• Service Providers. We may disclose your information to our vendors, service providers, agents, or others who perform functions on our behalf.

We may also disclose your information, including personal information, in the following ways:

• Business Transfers. We may disclose your information to another entity if we are acquired by or merged with another company, if we sell or transfer a business unit or assets to another company, as part of a bankruptcy proceeding, or as part of any other similar business transfer.
• Legal Compliance. We may disclose your information in order to comply with the law, regulation, a judicial proceeding, subpoena, court order, or other legal process, including informal law enforcement or governmental requests for information.
• Protecting Rights and Interests. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions or this Privacy Policy, or as evidence in litigation in which we are involved.
• Aggregate and De-Identified Information. Where permitted by law, we may disclose aggregate, anonymous, or de-identified information about users for marketing, advertising, research, or other purposes.

4. Cookies and other tracking mechanisms

We and our service providers use cookies and other tracking mechanisms to track your use of our Site or Services.

• Cookies. We or our service providers may use cookies to track visitor activity on our Site. A cookie is a text file that a website transfers to your computer's hard drive for record-keeping purposes. We or our service providers may use cookies to track user activities on our Site, such as the pages visited and time spent on our Site. Most browsers allow users to refuse cookies. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Users who disable cookies may not be able to browse certain areas of the Site.
• Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, which are embedded invisibly on web pages. We or our service providers may use clear GIFs (also known as web beacons, web bugs or pixel tags), in connection with our Site to track the activities of visitors to our Site, help us manage content, and compile statistics about usage of our Site. We or our service providers may also use clear GIFs in HTML emails to our users, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
• Local Storage Objects. We may use Flash Local Storage Objects ("Flash LSOs") to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose "Global Storage Settings Panel" and follow the instructions. To see the Flash LSOs currently on your computer, choose "Website Storage Settings Panel" and follow the instructions to review and, if you choose, to delete any specific Flash LSO.

Visit our Cookie disclosure page.

5. California Do Not Track disclosure

While there is still no universally accepted standard regarding tracking, our Site does respond to certain Do Not Track signals (e.g., the Mozilla Firefox Do Not Track feature). You may also disable certain tracking as discussed above (e.g., by disabling cookies) though doing so may mean that certain Site functionality will be lost (e.g., staying logged into the Site). For more information about tracking, please click here.

6. Third-party analytics

We use service providers, such as Google Analytics demographics and interests reports as well as advertising reporting features, to evaluate the use of our Site and our Services. We or our service providers use automated devices and applications to evaluate use of our Site and Services. We or our service providers use these tools to help us improve our Site, Services, performance, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or Flash LSO, to perform their services. To opt out of Google Analytics, go here.

7. Interest-based advertising

We use third parties such as network advertisers to serve advertisements on our Site and on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party's specific privacy policy, not this one.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA's website at youradchoices.com or the NAI's website at thenai.org.

8. User-generated content

Note that if you post information in a publicly accessible portion of our Site or Service, it may be viewed by other users and potentially be further disclosed by those users. Please exercise caution when deciding to disclose such information.

9. Security

We take reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure. For example, we take steps to destroy or permanently de-identify personal information if we no longer need it for any purpose. Please be aware that despite our efforts, no data security measures can guarantee 100% security.

If you have an account with us, you should take steps to protect against unauthorized access to your account by, among other things, 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.

10. Your choices

We take reasonable steps to ensure the personal information that ClassMarker collects, uses or discloses is accurate, complete and up-to-date. You may modify your personal information by updating your account on our Site or through our Contact Us page on the Site. On request, we will give you access to the personal information we hold about you. If any personal information we hold about you is out of date or inaccurate, we encourage you to let us know by contacting us using one of the methods listed above and ask us to correct it.

If you are a registered user, we may send, (with your prior consent if you are outside the EU), periodic informational emails to you. You may opt out of such communications at any time by following the opt-out instructions contained in the email. Please note that it may take up to five (5) business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us provided that you have not opted-out of receiving such emails.

11. Consent to transfer personal information

Please note that your personal information may be transferred outside the country in which you are located, including to United States of America. By using our Services, you consent to the transfer and processing of your information in a jurisdiction that may not have the same level of data protection as your home country. You are entirely free not to consent by not using our Service. However, if you do not consent, then we may not be able to provide you with our Services.

12. Children

Our Site is not targeted to children under thirteen (13) years of age (sixteen (16) for EU residents unless provided otherwise by applicable law) nor do we knowingly collect personal information from children under thirteen (13) (sixteen (16) for EU residents unless provided otherwise by applicable law). If we discover that a child under thirteen (13) (sixteen (16) for EU residents unless provided otherwise by applicable law) data is in the system without adult consent, we will promptly delete such personal information from our systems. We encourage children under thirteen (13) (sixteen (16) for EU residents unless provided otherwise by applicable law) to obtain their parent's or guardian's permission before sharing personal information with any website.

13. External links

This Site contains links to other websites. We are not responsible for the information handling practices or content of these external websites. Please ensure that you read the Terms and Conditions and privacy policies of these third parties before using such websites.

14. EU Residents

The Services are offered and provided on the Site to organisations ("Customers") that wish to test their employees, students or agents, or provide them with pre-registered ID code, in order to use our Services ("Users"). We process the personal data of Users on behalf of our Customers, pursuant to instructions issued by our Customers, and the terms of our agreements with them. Users resident in the EU are not considered to have agreed to this Policy because the basis for processing their information is the performance of the Terms and Conditions we conclude with you or our contract with our Customers. The processing of data of Users located in the EU will be conducted consistent with the terms of this Policy and the data protection notice of the relevant Customer. We encourage you to contact the organisation that registered you for the Services for more information.

15. Contact us

If you have any questions or concerns about the privacy aspects of our Site or Services, or want to complain about an interference with your privacy by ClassMarker, please Contact Us through our Site. We will do our best to resolve your complaint as quickly as possible. If you are a user in the EU, please contact the organisation that registered you for the Services.

If you are an Australian resident and are not satisfied with our response to your complaint, you can refer the matter to the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.

16. Changes to this Privacy Policy

This Privacy Policy is current as of the Effective Date set forth above. We may change this Privacy Policy from time to time, and new versions will be posted on this Site, so please check back periodically for updates.