Privacy Notice for California Residents

Effective Date:  February 24, 2021
Last Reviewed: February 24, 2021

This Privacy Notice for California Residents supplements the information contained in Kryterion, Inc.’s General Privacy Notice  and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (CCPA). Any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). Our website has collected personal information found in the following categories in the last twelve (12) months:

 

Category Examples Collected
A. Identifiers A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, Social Security number, driver's license number, passport number, or other similar identifiers. Yes
B. California Customer Records Personal Information Categories (Cal. Civ. Code § 1798.80(e)) A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. Yes
C. Protected classification characteristics under California or federal laws Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Yes
D. Commercial information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Yes
E. Biometric information Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Yes
F. Internet or other similar network activity Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. Yes
G. Geolocation data Physical location or movements Yes
H. Sensory data Audio, electronic, visual, thermal, olfactory, or similar information. Yes
I. Professional or employment-related information  Current or past job history or performance evaluations Yes
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. No
K. Inferences drawn from other Personal Information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Yes

 

Personal information does not include:

  • Publicly available information from government records
  • De-identified or aggregated consumer information
  • Information excluded from the CCPA's scope, like:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
    • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, by visiting the website, filling in forms on the website, using our services, or by corresponding by phone, email, or otherwise.
  • Indirectly from you. For example, from observing your actions on our Websites.
  • From third-party business partners such as social media sites, ad networks, and analytics providers.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • Purpose for Providing: To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • Website: To provide, support, personalize, and develop our Websites, products, and services, including the delivery of content, product and service offerings and targeted offers via email or text message (with your consent, where required by law). For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • Fraud and Security Purposes: To create, maintain, customize, and secure your account with us and to process your requests, purchases, transactions, and payments and prevent transactional fraud. To also help maintain the safety, security, and integrity of our Websites, products and services, databases and other technology assets, and business.
  • Service and Support: To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • Legal and Regulatory Requirements: To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • Due Diligence Purposes: To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Kryterion, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Kryterion, Inc. about our Website users is among the assets transferred.
  • To provide services and information.
  • To administer testing programs on behalf of your test sponsor.
  • To manage day to day business needs including, but not limited to, payment processing and financial account management, business planning and forecasting, security and fraud prevention, and compliance with legal and regulatory obligations.
  • For Unicorns system administration purposes.
  • To gather broad demographic information and to monitor the level of activity on the Site.

Kryterion, Inc. will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

Kryterion, Inc. may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Kryterion has disclosed the following categories of personal information for a business purpose:

 

Category Disclosed
A. Identifiers Yes
B. California Customer Records Personal Information Categories Yes
C. Protected classification characteristics under California or federal law No
D. Commercial information Yes
E. Biometric information Yes
F. Internet or other similar network activity Yes
G. Geolocation data Yes
H. Sensory data Yes
I. Professional or employment-related information  No
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) No
K. Inferences drawn from other Personal Information. Yes

 

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with our Services
Sales of Personal Information

In the preceding twelve (12) months, Kryterion has not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. These include:

  • The Right to Access—Request a copy of the personal information Kryterion has collected about me.
  • The Right to Know—Disclose the categories of personal information collected about me, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting personal information, the categories of third parties with whom Kryterion shares personal information, and the specific pieces of personal information collected about me.
  • The Right to Deletion—Request deletion of the personal information Kryterion has collected from me.
How to Exercise Your Rights

Kryterion provides testing services as a Service Provider under the instructions of and on behalf of our Test Sponsors (that act as an independent Data Controller). Test Sponsors have their own policies regarding the processing of personal data. Decisions regarding any request you make about your personal data occur with your Test Sponsor (your Academic Institution or Organization), as the Data Controller, for whom Kryterion is a Service Provider. As such, Test Sponsors are responsible for receiving and responding to requests from individuals to exercise any rights afforded to them under applicable data protection laws, including the GDPR and CCPA.

To exercise your privacy rights described above, please directly contact your Test Sponsor, academic institution or organization, who is the Data Controller. We may only access your Test Sponsor’s data upon their instructions.

If you cannot locate the contact information of your Test Sponsor, please contact our privacy office at privacy@kryteriononline.com and include the name of your Test Sponsor with the subject line “Data Subject Request Support.” We will assist you with providing your Test Sponsor's contact information and will support them as needed in responding to your request within a reasonable timeframe.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to our Data Protection Officer at privacy@kryteriononline.com.

Changes to Our Privacy Notice

Kryterion, Inc. reserves the right to amend this privacy Notice at our discretion and at any time. When we make changes to this privacy Notice, we will post the updated Notice on the Website and update the Notice’s effective date. Your continued use of our Websites following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this Notice, the ways in which Kryterion, Inc. collects and uses your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: +1 (602) 659-4660
Website: www.kryteriononline.com
Email: privacy@kryteriononline.com
Postal Address:
Kryterion, Inc.
7776 S. Pointe Parkway West, Suite 200
Phoenix, AZ 85044
USA