PSYMARK PRIVACY POLICY
THIS PRIVACY POLICY PROVIDES GENERAL INFORMATION ABOUT THE WAY PSYMARK COLLECTS, HANDLES, PROCESSES AND SHARES DATA IN THE PSYMARK APPLICATION. IF YOU ARE ENTERING INFORMATION OF ANYONE WHO IS UNDER THE AGE OF 18, YOU ARE RESPONSIBLE TO DO SO WITH THE CONSENT OF THEIR PARENTS OR GUARDIAN AND TO PROVIDE EXPLANATIONS FOR ANY PROVISIONS OF THIS PRIVACY AGREEMENT. YOUR USE OF THIS SERVICE CONSTITUTES ACCEPTANCE BY YOU OF THIS PRIVACY STATEMENT.
YOU SHOULD REVIEW THIS PRIVACY POLICY ON A REGULAR BASIS. PSYMARK RESERVES THE RIGHT TO REVISE THIS PRIVACY STATEMENT AT ANY TIME. SUCH REVISIONS BECOME EFFECTIVE IMMEDIATELY UPON NOTICE TO YOU.
NOTICE MAY BE GIVEN BY ANY MEANS INCLUDING, BUT NOT LIMITED TO, EMAILING YOU THE NEW PRIVACY POLICY OR POSTING THE REVISED PRIVACY STATEMENT ON THIS SERVICE AND REQUIRING YOU TO CLICK TO ACCEPT IT.
Psymark, Inc. and its subsidiaries and affiliates (“Psymark”) are making this computer application available to you for use on an Apple iPad only (the “Software”). The Software is downloaded or delivered to you through the Apple App Store. Your use of the Software is subject to all Terms of Use Psymark Terms of Use 11-2023 (the “Terms”) which you must click to accept. You must be professionally licensed or credentialed or be under the supervision of a licensed or credentialed professional at all times in order to use this Software, and your continued use of the Software without proper and active professional licensure/ credential or under the supervision of an active professional licensure / credential is a violation of the Terms.
1. Changes to the Privacy Policy
Psymark has the right to change or modify this Privacy Policy at any time. Such changes or modifications shall be effective immediately upon notice to you, which may be given by notifications generated by the Software, to which you must agree, or by electronic or conventional mail. Any use of the Software by you subsequent to such notice shall be deemed to constitute your acceptance of such changes or modifications.
2. What Information We Collect
Psymark may request and store certain types of personally identifying information about you when you use this Software. Psymark considers the following to be examples of personally identifying information: your first and last name, email address, home address, work address, phone number, date of birth, Tax ID / social security number, credit card and banking information, and other similar information (“Personally Identifiable Information” or “PII”).
Psymark does not collect PII about you unless it is voluntarily provided. It is your choice whether to share PII with us. At all times, you will know the information that you have voluntarily provided because it will be input by you into the Software by means of input fields in the Software. If at any time you do not wish to provide information into the requested fields, you may discontinue use of the Software, but please be aware that some features of the Software require you to submit PII.
3. Information Collected Regarding Examinees
The Software requires that you input certain information in order to administer the test. You represent that you have the consent of your examinee to input all of the information provided, including by any guardian on behalf of any minors for whom the Software is administered. In the case of a school or other organization’s purchase of licenses to access the progress monitoring materials and content, the law permits it to obtain parental consent to the collection of personal information on behalf of all of its students, thereby eliminating the need for individual parental consent to be given directly to the website operator.
You agree to comply with all applicable laws relating to inputting the examinee data and administering the test. Psymark has no obligation to screen, edit, correct or review such information prior to its storage in the Software. All such data shall be owned by you or your examinee, subject only to the data aggregation performed by Psymark on a non-identifiable basis, as further disclosed below.
Except as provided in these Terms, Psymark shall not disclose any identifiable Examinee Data to anyone other than Psymark’s employees or subcontractors who are bound by confidentiality obligations and who need to know the same to perform Psymark’s obligations hereunder.
You may voluntarily enter information regarding the examinee that you are evaluating. Subject to the next paragraph below, if the information could be used to identify an examinee, Psymark will treat all such information submitted by you on the examinee’s behalf as PII and, when required by law, to be subject to the Health Insurance Portability and Accountability Act (“HIPAA”).
Psymark collects the minimum amount of personally identifiable information (PII) required for aggregation and standardization. The demographic information that is collected by the Software and provided to you may be used without having to identify any single examinee.
You are encouraged to consider utilizing an examinee number or a nickname for each of your examinees so that the information provided cannot be used to identify them. It is Psymark’s policy to limit access to its tests and content through secured interfaces that require user authentication and to have in place reasonable support measures to protect PII.
ALL OTHER INFORMATION WHICH DOES NOT CONTAIN FIELDS THAT CAN BE ISOLATED INTO PII, INCLUDING ANY INFORMATION WHICH IS ANONYMIZED, AGGREGATED OR WHICH IS PROCESSED OR EVALUATED THROUGH NON-HUMAN INTERACTION, WILL NOT BE CONSIDERED TO BE PERSONALLY IDENTIFIABLE INFORMATION.
4. Retention of Information You Provide
Psymark will store the information you provide, including the information about examinees and the results of their tests, until you delete your account; provided that in no event shall Psymark have any responsibility or liability for the examinee data (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance on the Software. You are encouraged and are responsible to make copies or backups of any information that you input into the Software, including to comply with any licensing or regulatory requirements related to your administration of the test or any professional duty to maintain the records related to your examinee.
When you delete your account, Psymark may, at our option, delete or continue to store the information you have provided, and shall have the right to continue to utilize the information you provided on an aggregated, anonymized basis only consistent with Section 5 below.
5. How We Use the Information We Collect
The primary use of the information that you or your examinee provides is to conduct the test(s) enabled by the Software. You consent to allow us to process that information to return any results of the examination and to store that information for your later retrieval. Any information that you provide may be used for these purposes, as well as to improve the Software, conduct research, standardize the tests, and to provide data to enhance its machine-learning capabilities. Notwithstanding the foregoing, however, the use of all such information for purposes of the sentence immediately preceding shall be processed and made available for such purposes on an aggregated, anonymized basis only. While this information may be sorted, processed, analyzed and published according to demographic markers, no identification or correlation with any identifiable examinees will be disclosed.
6. Payment Information
In order to use the software, you will need to provide information sufficient to process payment through our third-party payment processors and financial institutions. Our only use of this information is to process payments correlating to services which you have ordered.
Psymark has partnered with third party payment processors who have security measures in place to protect the loss, misuse, and alteration of the information you provide. Those third parties encrypt all transmission of sensitive data between the application and their servers and secure all of our repositories of data. For the purposes of handling credit card transactions, Psymark has contracted with a PCI DSS compliant ecommerce partner. Psymark’s servers use Secure Sockets Layer (SSL), an advanced encryption technology. This technology safeguards your personal information and privacy. However, you should understand that “perfect security” is never guaranteed.
7. Third Party Access to Your Information
Our vendors who develop the Software, host the Software or its data, or which process, compile or analyze the data stored in the Software, along with similar third party providers may have access to your personally identifying information but, unless they get express permission from you, they will not use such information for any other purpose other than to provide services in connection with the Software.
Except as disclosed in the paragraph above, Psymark does not sell your information or participate in any third-party marketing or affiliate services that would use or share your information.
Psymark will provide information to third parties in the following circumstances: (A) in response to subpoenas, court orders or legal process, to the extent required and as restricted by law; (B) when disclosure is required to maintain the security and integrity of this Software, or to protect any user’s security or the security of other persons, consistent with applicable laws; (C) when disclosure is directed or consented to by the user who has inputted the personally-identifying information; (D) in the event that Psymark itself or any of its subdivisions or units goes through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of its assets, your personal information will, in most instances, be part of the assets transferred; (E) in limited circumstances, Psymark may disclose your email address in order to comply with laws and regulations, including the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM of 2003); or (vi) to enforce the Terms of Use.
8. Tracking and Analytics
Psymark or its third-party service providers may collect information about your usage of the Software, time spent on certain functions, features or pages (“Software Usage Information”). Psymark may use this Software Usage Information in combination with your personally identifying information to customize your experience using the Software by, among other things, making recommendations or forecasts. Psymark may also use your Software Usage Information to suggest other features on the Software that we believe may be interesting to you.
Analytics Services. Psymark may use a third-party service, such as Google Analytics, to collect anonymous visitor data on our network of sites, applications, and online services. If Psymark uses a third-party service to collect such information from the Software, the third-party service will not collect any PII from users of the Software. Psymark may use the third-party service to collect anonymous visitor information like IP addresses, providing anonymous statistical analysis of traffic patterns, administration of our services and servers, improving our general services and ensuring users compliance with our Terms of Use.
Cookies. With the use of cookies and other technologies, Psymark may receive and store certain types of information about you whenever you interact with this Software. Cookies are small text files that we transfer to your hardware, through your web browser or app, to (a) speed your navigation on the Software, (b) recognize you and your access privileges, (c) track your usage and preferences of the Software, (d) detect the existence of any cookies previously set by our server, and (e) identify certain information on how and when you accessed the Software such as type of browser, operating system, domain names, IP addresses and the like. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-ons settings or visiting the website of its manufacturer. However, cookies allow you to take full advantage of this Software (disabling cookies may prevent proper functioning of certain parts of the Software), and we recommend that you leave them turned on.
Other Tracking. Psymark may also use single pixels images, web beacons and other similar technology (collectively “Beacons”) to (a) track your usage of the Software, (b) track response rates to certain activities and promotions within the Software and in marketing campaigns, and (c) identify certain information on how and when you accessed the Software such as type of browser, operating system, domain names, IP addresses and the like.
IP Addresses. An IP address is a number that is assigned automatically to your computer or device whenever you use the World Wide Web. Web servers – the big computers that “serve up” Web pages – automatically identify your computer by its IP address. Psymark collects IP addresses for system administration and to audit the use of our Software. When visitors request pages from Psymark sites, our servers log the guests’ IP addresses. We typically do not link IP addresses to anything personally identifiable. This means that a visitor’s session will be logged, but the visitor remains anonymous to us.
Do Not Track. Because this Software must be used on an Apple iPad, this Software does not respond to a browser’s (or app’s) “do-not-track” signals or comparable signals or mechanisms.
9. Data Security
Due to the complexity and open nature of the Internet, there is always a risk that information collected by and/or displayed on the Software may be compromised or accessed notwithstanding the implementation of reasonable data security measures by Psymark. To mitigate such risks, you should (a) avoid using PII whenever possible, and instead utilize user names, nicknames or file numbers; (b) secure usernames and passwords and carefully protect them from disclosure, and do not share them among colleagues; (c) implement updated internet security and virus protection software on your iPad at all times. Should you suspect that your device has been compromised or that your username or password may have been accessed by a third party, please contact Psymark immediately and request to have your password changed.
10. Cross-Border Transfer of Data.
Any personally identifiable information you provide to Psymark in connection with this Software will be stored on Psymark’s servers or those of its affiliates and/or authorized vendors and will be accessible by authorized employees, agents and contractors of Psymark and its affiliates and authorized vendors. Due to the global nature of the Software, personally identifiable information may be transmitted, stored or processed in a country other than the one in which you reside (“Resident Jurisdiction”), including primarily in the United States, the European Union and India. Reasonable contractual or other measures Psymark may take to protect your personally identifiable information while outside the Resident Jurisdiction are subject to applicable foreign legal requirements, for example, lawful requirements by governmental authorities or court order to disclose personally identifiable information to government authorities in the countries in which such data may be stored or processed. SUBJECT TO APPLICABLE LAW, IF YOU RESIDE IN THE EUROPEAN UNION, CANADA OR OTHER JURISDICTION WITH SIMILAR DATA TRANSFER REGULATIONS, BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU EXPLICITLY CONSENT THAT THE PERSONALLY IDENTIFIABLE INFORMATION YOU PROVIDE MAY BE TRANSFERRED AND STORED IN COUNTRIES OUTSIDE THE EU, CANADA OR YOUR RESIDENT JURISDICTION, INCLUDING THE UNITED STATES, IN CONNECTION WITH THE TERMS OF USE, THIS PRIVACY STATEMENT, AND IN ORDER TO PROVIDE SERVICES TO YOU. IF YOU DO NOT CONSENT, PLEASE DO NOT PROVIDE US WITH ANY PERSONAL INFORMATION. YOUR PERSONAL INFORMATION SHALL ONLY BE USED IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY STATEMENT.
11. Children’s Online Privacy Protection Act (COPPA) Compliance
Scope and Purpose:
The Children’s Online Privacy Protection Act of 1998 (“COPPA”) regulates the online collection, use and/or disclosure of personal information from and about children under the age of 13 on the internet. This notice is meant to inform you, the parents, of Psymark’s practices regarding its collection, use and/or disclosure of personal information from such children. Please note: if there is ever a material change in our collection, use and/or disclosure practices to which you have previously consented, this notice will be updated accordingly and provided again to you.
Psymark may have collected your online contact information from your child, and, if such is the case, your name and/or the name of your child, in order to obtain your consent as required under COPPA. Your consent is required for Psymark’s collection, use and/or disclosure of your child’s personally identifiable information (“PII”) and Psymark will not collect, use and/or disclose any personal information from your child if you do not provide such consent.
To obtain verifiable parental consent to Psymark’s collection, use and/or disclosure of your child’s personal information, Psymark requires you use a credit card, debit card or other online payment system that provides notification of each discrete transaction to you to purchase, obtain access to Psymark tests, and its accompanying materials and content. If you do not provide consent within a reasonable time from the time you are presented with this notice, Psymark will delete your online contact information (if any) from its records.
In the case of a school or other organization’s purchase of a license to access the progress monitoring tests and content, the law permits it to obtain parental consent to the collection of personal information on behalf of all of its students, thereby eliminating the need for individual parental consent to be given directly to the website operator.
Psymark may collect usage analytics to be presented back to you or your child or to your child’s teacher (if applicable) to demonstrate progress and performance or for internal purposes to improve certain Psymark products. Psymark collects this information through the child’s interaction with the Psymark progress monitoring tests.
Psymark will not require your child to disclose more information than is reasonably necessary to participate in a test and will not retain personal information any longer than is necessary to fulfill the purpose for which it was collected and will de-identify or delete the information using reasonable measures to protect against its unauthorized access or use per Psymark’s retention policies.
Parental Consent and Control:
Parents or guardians of children under 13 have the right to review their child's personal information, request its deletion, and refuse to allow any further collection or use of the child's information. Parents can provide or revoke their consent at any time.
Information We Collect from Children:
For children under the age of 13, we limit the information collected to only what is reasonably necessary for them to participate in the Psymark test. This may include non-personal data related to test performance and minimal personal information for account creation and management purposes.
Use of Information:
Any information collected from children under 13 is used solely for the purpose of delivering and improving Psymark’s tests. It is not used for marketing or advertising purposes.
Disclosure to Third Parties:
We do not share or disclose personal information of children under 13 to third parties unless it is necessary to provide the service, required by law, or with explicit parental consent.
Data Security and Confidentiality:
We implement stringent measures to protect the confidentiality, security, and integrity of personal information collected from children. Regular audits and updates are conducted to ensure ongoing compliance with COPPA and other privacy regulations.
Notification of Privacy Policy Changes:
Our privacy policy is subject to change. We will provide notice of any significant changes, particularly those affecting the handling of children's personal information, and will seek renewed consent where necessary.
Contact Information for Privacy Inquiries:
Parents or guardians with questions or concerns regarding our COPPA compliance or our handling of their child’s personal information may contact us at Psymark Customer Service at 2629 Foothill Blvd. #314, La Crescenta, CA 91214 or at psymark.io.
You can review your child’s personal information, direct us to delete said information and/or refuse to allow any further collection, use and/or disclosure of your child’s information at any time. Psymark takes seriously its obligation to safeguard the confidentiality, security and integrity of personal information collected from children and takes steps to release children’s personal information only to third parties who are capable of maintaining the confidentiality, security and integrity of such information and who provide assurances that they will maintain the information in such a manner. Psymark does not sell your child’s personal information to third parties or use it for marketing purposes.
It is important to Psymark that children and their parents understand its policy and practices concerning the collection, disclosure and use of personal information. Please carefully read our Terms of Use, and if you have any questions about Psymark’s practices, please contact Psymark Customer Service at 2629 Foothill Blvd. #314, La Crescenta, CA 91214 or at psymark.io.
12. CALIFORNIA CONSUMER PRIVACY ACT OF 2018 NOTICE (“CCPA”)
CCPA
The California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et seq. (“CCPA”) is a law enacted in the State of California with an effective date of January 1, 2020. The CCPA generally expands upon the privacy rights available to California citizens and requires certain companies to comply with various data protection requirements. The detailed text of the law are available at: TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 – 1798.199]
The CCPA grants Californian consumers new rights with respect to the collection of their Personal Information (as defined herein) and requires companies to comply with certain obligations, including:
The consumer’s right to receive a copy, in a readily usable format, of the specific Personal Information collected about them during the twelve (12) months prior to their request;
The consumer’s right to know a business’s data collection practices, including the categories of personal information it has collected, the source of the information, the business’s use of the information, and to whom the business disclosed the information it has collected about the consumer;
The consumer’s right to have such personal information deleted (with exceptions);
The consumer’s right to know the business’s data sale practices and to request that their personal information not be sold to third parties;
A prohibition on businesses on discrimination for exercising a consumer right; and
An obligation on businesses to notify a consumer of their rights.
Personal Information
The CCPA defines “Personal Information” as information that “identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular” California consumer or household. Personal information does not include publicly available information or consumer information that is de-identified or aggregate consumer information.
How does the CCPA apply to Psymark Customers?
Psymark processes data on behalf of its customers who purchase licenses to its products. Psymark shall collect, access, maintain, use, process and transfer the Personal Information of our customers and our customers’ end-users solely for the purpose of performing its obligations under existing contract(s) with our customers; and, for no commercial purpose other than the performance of such obligations and improvement of the services we provide.
Psymark does not “sell” our customer’s Personal Information as currently defined under the CCPA, meaning that we also do not rent, disclose, release, transfer, make available or otherwise communicate that Personal Information to a third party for monetary or other valuable consideration.
Psymark may share aggregated and/or anonymized information regarding use of the service(s) with third parties to help us develop, standardize tests, and to improve the services and provide our customers with more relevant content and service offerings.
What personal information does Psymark collect, for what purpose, from whom, and do we disclose it to service providers?
Personal Information is collected in Psymark’s system directly by its customers who use the data in the solutions. It is also collected by Psymark to provide and develop our products and services. Psymark works to maintain the trust and confidence consumers demonstrate when they share their personal information in the solutions.