Privacy Policy

Summary of Key Terms

Last update: October 6th, 2014

Personal information collected.

This Privacy Policy applies to all users of our service, located at www.smarterer.com, including our individual consumer users, our enterprise-level users. We collect information:

  • When you register an account to become a Smarterer user ("User"), such as your e-mail and a password.
  • When you take our tests and/or, if you are a Consumer User, add to your profile with further information about yourself, such as name, photo, employer, country.
  • When you add content such as tests or questions.
  • We use cookies and other technologies to recognize you, customize your experience, and serve advertisements.
  • Like all websites, we automatically receive from your internet use information like your IP address, the URLs of sites from which you arrive or leave the Smarterer website, your type of browser, your operating system, your mobile provider, your mobile device, and your ISP.
  • We retain information you provide in connection with third party services available through Smarterer, like surveys and polls, or other third party research undertaken with your consent.
  • We retain information we learn about you through third party application programming interfaces ("APIs").
Uses of personal information.

We use the information you provide to:

  • Create your profile and administer your account with us, and customize the service we provide to you and other Users; and to
  • Send you service or promotional communications through email and notices on the Smarterer website.
  • We do not sell, rent, or otherwise provide your personal identifiable information to any third parties for marketing purposes.
Your information choices.

If you are using our services as an individual Consumer User, you can:

  • Review, enhance or edit any personal information you provide through your personal profile page;
  • Control the privacy settings on your personal profile page;
  • Control the links to social media sites you display on your personal profile page;
  • Control the messages you receive from Smarterer and how these messages are sent; and
  • Tell us to close your Smarterer account.

If you are using our service on behalf of or at the request of an enterprise (“Enterprise”), you can:

  • Control the personal information you provide to us;
  • Control the tests you take; and
  • Tell us to close your Smarterer account.
Your obligations to other Users.
Important information.

Notice of all changes that materially affect ways in which your personal information may be used or shared will be posted in updates to our Privacy Policy.

Security.

Personal information you provide will be secured with industry standard technologies. 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.

You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications at all times.

U.S.-EU and U.S.-Swiss Safe Harbor.

Smarterer, Inc. complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework (see below for details)

How to contact us.

If you have any questions or comments, please email us at info@smarterer.com or write to us at 500 Harrison Avenue, Suite 3R, Boston, MA 02118.

Privacy Policy

Introduction.

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.

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 info@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 professional skills. To achieve this mission, Smarterer offers tests on our website and developer platforms, to enable Users to measure and showcase their professional skills ("Services"). By registering your account with 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, the applicable User Agreement and the Community Guidelines, 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. All Users must register with us by providing a username (usually your email address) and valid password. Enterprise Users may use Single Sign-On ("SSO") if available through their Enterprise. This information may be referred to as your "Registration Information." If choosing a password, 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 through your username.
  • Profile Information. If you are a Consumer 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 Consumer-Level User Agreement and this Privacy Policy. We do not collect Profile Information from Enterprise Users. If you are a test-taker, we may collect directly from you demographic data such as your age, ethnicity, and race. We use this demographic data to identify and remove bias from our tests and to otherwise evaluate and improve our tests and do not share such data without anyone outside Smarterer in any way that could identify you personally.
  • Test and Scoring Information. Once you become a User, you may use the Services to take tests as often as you would like or as requested by your Enterprise. If you are a Consumer User, the tests you take, and your scores, are private and we will only share them with people you instruct us to share them with. If you are a test-taker within an Enterprise, we only share the tests with the administrators in your Enterprise. You may access your test scores upon request to us at info@smarterer.com.
  • Test Questions. Once you become a User, you may also have the option to contribute test questions on subject matters of your choosing. If you are a Consumer User, these questions may be made public and used by Smarterer, with or without attribution to you, at its discretion, and you understand and agree that, by writing and posting a Test Question you are consenting to Smarterer making the Test Question public and recognizing you as the author of the Test Question. If you are an Enterprise User, these questions may be used by other users within your Enterprise, with or without attribution to you, and you understand and agree that, by writing and posting a Test Question you consent to the Test Question being used within your Enterprise.

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."

  • Site Usage. We may collect information about how you use certain features and functionality of Smarterer, interact with third party Applications, 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 advertising 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 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 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. We will respect your choices relating to on-line tracking, whether you choose to reject or delete individual cookies or set your web browser to reject cookies and other tracking technology. Smarterer does not store unencrypted personally identifiable information in the cookies.
  • Advertising and Web Beacons. To support the Services we provide, we may serve our own advertisements, which will be targeted and served by both Smarterer and other companies, called ad networks. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. 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 "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. When you access your account via a 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).
Uses of personal information.

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 the applicable 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 applicable User Agreement by changing your profile or by closing your account, but please note that your withdrawal of consent will not be retroactive.

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 info@smarterer.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).

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 at info@smarterer.com. 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 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.

Your information choices.

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 info@smarterer.com. 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 info@smarterer.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.

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, Community Guidelines. and applicable 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 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 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 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, October 2nd, 2014

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 dave@smarterer.com.

We use a self-assessment approach to assure compliance with this privacy policy and periodically verify that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the Safe Harbor Privacy Principles. We encourage interested persons to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal information in accordance with the Safe Harbor Privacy Principles. If a complaint or dispute cannot be resolved through our internal process, we agree to dispute resolution, using TRUSTe as a third party resolution provider. If you feel that we have not satisfactorily addressed your complaint, please contact TRUSTe at https://feedback-form.truste.com/watchdog/request .

How to contact us.

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