Privacy Policy

Introduction.

The mission of Smarterer is to provide a platform to test and score individuals on their digital, social, and technical skills.

Being part of Smarterer means sharing your profile and test scores with other Users. Here are the two main types of information on Smarterer:

• Profile Information. This is the information provided by you that is displayed on your profile page. Your profile page is visible to the public.
• Test and Scoring Information. The tests you take, and your scores, are not private and may be visible to the public as soon as you take them. For example, any potential employer can use Smarterer to see how you scored on a test and how you compare against others who took the same test and use the data to evaluate you as an employee candidate.

At any time Smarterer may display information about you that is not included on your profile page, including (a) which tests you have taken, your scores, your rank, your skill level, and how your skill level has changed over time, and (b) your geographic location, company name, or school name.

In addition to the above, any badges or scores you share on social media sites are public.

Search engines may index your profile page or badge page and display it when someone searches your name.

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. By continuing to use the Smarterer service after notice of changes has been sent to you or published on the Smarterer website, you are consenting to the changes.

Please read this policy and send us questions, concerns and suggestions at support@smarterer.com.

What Smarterer's Privacy Policy Covers.

• Information collected by Smarterer.
• How Smarterer uses your information.
• Your information choices.
• Your obligations as a User.
• Security.
• How to contact us.

Personal information collected.

The mission of Smarterer is to provide a platform to test and score individuals on their digital, social and technical skills. To achieve this mission, Smarterer offers tests on our website, mobile applications, and developer platform, to enable Users to measure and showcase their digital, social and technical skills ("Services"). By creating an account on Smarterer, you voluntarily and willingly provide us certain information, including personally identifiable information, which we collect in order to provide the Services. If you have any hesitation about providing information to us and/or having your information displayed on the Smarterer website or otherwise used in any manner permitted in this Privacy Policy and the User Agreement, you should not become a member of the Smarterer community; and, if you are already a member, you should close your account. We collect your personal information in the following ways:

• Registration Information. In order to become a User, you must provide us the following information to create an account: email address and password. This information may be referred to as your "Registration Information." Like other passwords, you should choose one that is known only by you. You acknowledge that this information is personal to you, and by creating an account on Smarterer, you allow others, including Smarterer, to identify you.
• Profile Information. Once you become a User, you may provide additional information in the Profile section such as your name, organization, location, photo, description, or links to external sites This information, along with your Registration Information" may be referred to as your "Profile Information." Providing additional information about yourself beyond what is minimally required at registration is entirely up to you. Any information you provide at registration or in the Profile section may be used by Smarterer as described in the User Agreement and this Privacy Policy, including for the purpose of serving advertisements through the service.
• Test and Scoring Information. Once you become a User, you may use the Services to take tests as often as you would like. As soon as you take a test, the scores becomes public information available. An essential part of the services offered by this site is to display your scores. There should be no expectation that the tests you have taken and your test scores are private.
• Test Questions. Once you become a User, you may also contribute test questions on subject matters of your choosing. These questions may be made public and used by Smarterer, with or without attribution to you, at its discretion. The Test Questions, along with any other ideas, concepts, responses to questions or queries or other data or information contributed by you relating to the activities on the website or otherwise relating to the Services (not otherwise included under the definitions of Profile Information or Test Questions) may be referred to as "User Generated Content." An essential part of the services offered by this site is the ability to use these Test Questions along with the other User Generated Content. There should be no expectation of privacy or control with regards to the User Generated Content, including the Test Questions, and any attribution to you with regards to such content.
• Customer Service. We may collect information through the Smarterer website or through our customer service website in order to, among other things, accurately categorize and respond to customer inquiries and investigate breaches of our terms.
• Site Usage. We may collect information about the fact that you use certain features and functionality of Smarterer, interact with third party Applications, click on ads, or participate in research initiatives like polling and surveys on Smarterer.
• Cookies. Like most websites, we use cookies and web log files to track site usage and trends, to improve the quality of our service, to customize your experience on Smarterer, as well as to deliver third-party advertising to Users both on and off the Smarterer site. A cookie is a tiny data file that resides on your computer, mobile phone, or other device, and allows us to recognize you as a User when you return to the In website using the same computer and web browser. You can remove or block cookies using the settings in your browser, but in some cases that may impact your ability to use Smarterer. One type of cookie, known as a "persistent" cookie, is set once you've logged in to your Smarterer account. The next time you visit the Smarterer website, the persistent cookie will allow us to recognize you as an existing User so you will not need to log in before using the Services. Another type of cookie, called a "session" cookie, is used to identify a particular visit to the Smarterer website. Session cookies expire after a short time or when you close your web browser. In the course of serving advertisements or optimizing the Services to our Users, we may allow authorized third parties to place or recognize a unique cookie on your browser. Any information provided to third parties through cookies will not be personally identifiable but may provide general segment information (e.g., your industry or geography, career field, or information about your professional or educational background) for greater customization of your user experience. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Smarterer does not store unencrypted personally identifiable information in the cookies.
• Advertising and Web Beacons. To support the Services we provide, as well as to provide a more relevant and useful experience for our Users, we may serve our own ads and also allow third party advertisements on the site. To the extent we do this, these advertisements will be targeted and served to Users, by both Smarterer and other companies, called ad networks. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. Advertisements on Smarterer may be targeted to Users who fit a certain general profile category or may be based on anonymized information inferred from a User's profile (e.g., skills, industry, compensation bracket, gender, age, ethnic origin, nationality, religion, or other aspects of your life) in addition to a User's use of the Smarterer site. Smarterer does not provide personally identifiable information to any third party ad network.
• Log files, IP addresses and information about your computer and mobile device. Due to the communications standards on the internet, when you visit the Smarterer website we automatically receive the URL of the site from which you came and the site to which you are going when you leave Smarterer. Smarterer also receives the internet protocol ("IP") address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, mobile device operating system (if you are accessing Smarterer using a mobile device), as well as the name of your ISP or your mobile carrier. We use this information to analyze overall trends to help improve the service. The linkage between your IP address and your personally identifiable information is not shared with third parties without your permission, except as described in Section 2.K ("Compliance with Legal Process"), below.
• Linked Accounts. If you link your Smarterer account to another account or service, or use other, third-party sites or services in conjunction with your Smarterer account, we may collect information related to your use of third party sites and services accessed through Smarterer or when you access Smarterer through a third-party site or service.
• Rights to Access or Correct Information About You. You have a right to access, modify or correct the personal data you supplied to Smarterer. If you update any of your information, we may keep a copy of the information that you originally provided to us in our archives for uses documented in this policy. You may request deletion of your information at any time by contacting Smarterer customer service. We will use commercially reasonable efforts to respond to your request within 30 days. Note that you will not be able to correct, adjust or otherwise delete the results of any tests taken on the site. In the event you terminate your account

Uses of personal information.

Uses During Beta Phase. When a new User is granted and accepts an invitation to become a member of Smarterer during the beta phase (by requesting the "request an invite" form on a Smarterer user’s profile page), the account information the new User provides will be published here, and the new User’s name will be tweeted out on Twitter.

Consent to Smarterer Processing Information About You. The information you provide to Smarterer may reveal, or allow others to identify, your nationality, ethnic origin, religion, gender, age, geography, or other aspects of your private life. By providing information to us for the purposes of creating your User account or adding any additional details to your Smarterer profile, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and Smarterer's User Agreement that allow Smarterer to process information about you. Supplying information to Smarterer, including any information deemed "sensitive" by applicable law, is entirely voluntary on your part. You have the right to withdraw your consent to Smarterer's collection and processing of your information at any time, in accordance with the terms of this Privacy Policy and the User Agreement, by changing your profile or by closing your account, but please note that your withdrawal of consent will not be retroactive, and that information already provided to Smarterer may still be publicly available and/or used by, licensed to or owned by Smarterer pursuant to Section 2 of the User Agreement.

Smarterer Communications. As described in the 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. 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. You can change your 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 customer service through our customer service site. 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 it offers 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. Smarterer does not sell, rent, or otherwise provide your personally identifiable information to third parties for marketing purposes. However, please note that all profile information is available to the public, meaning a User's profile may be published to the public internet. This public profile is what search engines will display when someone searches for your name. Smarterer does not warrant how often third-party search engines will update their caches, which may contain old public profile information. 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, including to prospective advertisers on Smarterer.

Working with Third Parties to Offer Services. We collaborate with third parties to offer services and functionality using Smarterer developer tools such as our application programming interfaces ("APIs"). These third parties are either partners ("Smarterer Partners") with whom we have negotiated an agreement to provide services ("Combined Services"), or developers ("Platform Developers") who have agreed to our API terms in our developer signup flow to build applications ("Platform Applications"). Both the negotiated agreements and our API terms and conditions contain restrictions on access, storage and use of your information. If you choose to use Combined Services or a Platform Application, you may be asked to confirm acceptance of the privacy policy and/or user agreement of the Smarterer Partner or Platform Developer, which have not necessarily been reviewed or approved by Smarterer. It is your choice whether or not to make use of Combined Services or Platform Applications and whether to proceed under any third party terms. Also, despite our agreements and technical steps taken to restrict access to and avoid possible misuse of information we may not screen or audit all Combined Services or Platform Applications. We also cannot guarantee that any Smarterer Partner or Platform Developer will abide by our agreement. You agree that your use of Combined Services or Platform Applications is on an "as is" basis and without any warranty. If you or other Users of Smarterer use or interact with any Combined Service or Platform Application, the Smarterer Partner or Platform Developer may access and share certain information about you with others, such as your profile information. To report any suspected misuse of information, contact Smarterer's customer service. Smarterer is not responsible for your use of or inability to use any Combined Service or Platform Application, including the content, accuracy, or reliability of applications and the privacy practices or other policies of Smarterer Partners or Platform Developers.

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 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.

Your information choices.

Accessing and Changing Your Account 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.

Closing Your Account. You can close your account through the Smarterer customer service site. 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. For example, just as an email you may send to another person through an email service provider resides in that person's inbox even after you delete it from your sent files or close your account, test results you have taken on Smarterer may remain visible to others after you have closed your account. Similarly, other information you have shared with others, or that other Users have copied, may also remain visible. 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 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.

Your obligations.

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:

• You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and User Agreement. This includes respecting all intellectual property rights that may belong to third parties (such as trademarks or photographs).
• You must not download or otherwise disseminate any information that may be deemed to be injurious, violent, offensive, racist or xenophobic, or which may otherwise violate the purpose and spirit of Smarterer and its community of Users.
• You must not provide to Smarterer and/or other Users information that you believe might be injurious or detrimental to your person.
• You must keep your username and password confidential and not share it with others.
• Any violation of these guidelines may lead to the restriction, suspension or termination of your account at the sole discretion of Smarterer.

Important information.

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.

Changes to this Privacy Policy. We may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way we treat your personally identifiable information, or in the Privacy Policy document itself, we will display a notice on the Smarterer website or send you an email, as provided for above. Unless stated otherwise, our current Privacy Policy applies to all information that Smarterer has about you and your account. Using the Smarterer Services after a notice of changes has been sent to you or published on our site shall constitute consent to the changed terms or practices.

Security.

In order to help secure your personal information, access to your data on Smarterer is password-protected, and sensitive data (such as credit card information) 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.

Safe Harbor Update, April 1, 2013

Smarterer, Inc. complies with the U.S.-EU 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. 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/

How to contact us.

If you have questions or comments about this Privacy Policy, please email us at support@smarterer.com or write us at 500 Harrison Avenue, Suite 3R, Boston, MA 02118.