PARAGON™ TESTING ENTERPRISES
Last Updated: December 11, 2020
- Your Consent
You may withdraw your consent at any time, subject to legal or contractual restrictions and on reasonable notice to Paragon, but then you might not be able to proceed with your intended interactions or transactions with Paragon or otherwise receive the full benefit of Paragon’s products and services.
- Personal Information
- How Paragon Collects Personal Information
(a) Information You Provide
You may be asked to voluntarily give your personal information to Paragon or its authorized representatives when you are in contact with Paragon or its representatives, including when you purchase products or services from Paragon through Paragon’s websites, when you register for a test session and when you attend a test session. In those circumstances, you may choose not to provide certain requested personal information, but then you may not be able to purchase products or services, access or use certain features of Paragon’s websites, register for a test session or take a test.
For example, when you register for a test session or attend a test session you will be required to provide to Paragon or the test centre operator (who collects the information on behalf of Paragon) a variety of personal information, including: your family name, your given names, your date of birth, your nationality/country of origin, your first language, your passport number or official national identification number, your credit card and payment information, your email address and your phone numbers). Also, when you attend a test session you may be required to permit the test administrator to take a photograph of you, collect your signature, record samples of your voice, collect your biometric information, and make a photocopy or scanned image of your photograph, passport or official national identification documentation, and make video recordings of you and other test takers while you take the test.
If Paragon or its representatives request your personal information, then you will provide the information directly to Paragon or its representatives (including a test centre operator). You will not have another person provide your personal information on your behalf.
If you give Paragon the personal information of another individual, then you are solely responsible for complying with all applicable laws, including obtaining the individual’s valid consent, regarding your collection and disclosure of the personal information to Paragon and to Paragon’s use, disclosure and retention of the personal information.
(b) Automated Collection
Paragon’s websites may automatically collect certain information regarding your use of the websites, such as the dates and times you access the website, the browsers, operating systems and devices you use to access the website, the website pages you access, and the referring and exit website pages. Paragon may use that information for various purposes, including to administer and improve the Paragon websites and improve Paragon’s products and services.
- How Paragon Uses Personal Information
- to provide you with services, including facilitating your registration for test sessions and your attendance at test sessions (including verifying your identity), to contact and correspond with you regarding test sessions for which you have registered (including to inform you of a change in date, time or location of the test) and to provide you with information regarding your test results (including a change or nullification of test results);
- to detect or prevent unlawful or fraudulent activities or other misconduct (including cheating) in connection with a test session or test results;
- to facilitate transactions and process orders and payments for products and services purchased by you (including to contact you regarding billing and payment discrepancies and to validate receipts);
- to contact and correspond with you regarding transactions (including payment issues) and your use of Paragon’s products and services;
- to provide you with information regarding Paragon’s announcements, new tests, new test centres, promotions, upcoming events, new products, special features and store openings;
- to process and respond to your specific suggestions, comments, inquiries and requests (including your feedback to Paragon about its products and services), and to otherwise administer Paragon’s relationship with you;
- to administer and facilitate your participation in contests and promotions related to Paragon’s products and services;
- to create and manage your Paragon account;
- to develop, deliver, and improve Paragon’s products, services and advertising; and
Paragon may combine your personal information collected from you by Paragon or on behalf of Paragon through various sources (including information collected through Paragon’s websites and information collected from you when you register for a test session or attend a test session) and information obtained from other sources.
Paragon may use your personal information to communicate with you regarding important matters (such as information about test sessions for which you have registered, tests you have taken and your test results), and you may not opt out of receiving those important communications.
- How Paragon Discloses Personal Information
(a) Specific Consents
Paragon may disclose your personal information in accordance with express consents that you give during your interactions and transactions with Paragon.
(b) Disclosure to Government Agencies/Educational Institutions/Other Recipients.
If you take a Paragon test and submit your test results to a government agency (including Immigration, Refugees, and Citizenship Canada), an academic institution or other recipient (each an “Authorized Organization”), or if you authorize Paragon to disclose your test results to an Authorized Organization, or if you authorize an Authorized Organization to obtain your test results from Paragon (including by providing your Paragon registration number to the Authorized Organization), then Paragon may disclose to the Authorized Organization and its representatives your test results (including any subsequent changes to your test results) and your personal and sensitive personal information (including your photograph, biometric information and other information to verify your identity and to prevent fraud or other misconduct). In addition, Paragon may disclose your personal information to an Authorized Organization as required to respond to an access to information request submitted to the Authorized Organization.
If you submit your Paragon test results to Immigration, Refugees and Citizenship Canada, then:
- Paragon will disclose your personal information [including your family name, your given names, your date of birth, your nationality/country of origin, your first language, your image (photograph), your signature, your passport number or official national identification number and a photocopy or scanned image of your passport or official national identification documentation] and your test results to Immigration, Refugees and Citizenship Canada.
- Each of Paragon and Immigration, Refugees and Citizenship Canada may share your personal information with other Government of Canada institutions [including Canada Border Services Agency (CBSA), Royal Canadian Mounted Police (RCMP) and Canadian Security Intelligence Services (CSIS)] and with foreign and provincial/territorial governments and service level agreement partners in accordance with subsection 8(2) of the Privacy Act (Canada).
- Your personal information disclosed to Immigration, Refugees and Citizenship Canada will form part of a specific personal information bank, within the meaning of the Privacy Act (Canada).
(c) Law Enforcement/Legal Disclosures
Your personal information may be subject to access by and disclosure to law enforcement agencies in accordance with relevant applicable local legislation Paragon may disclose your personal information as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order, or litigation disclosure obligations.
Paragon may disclose your personal information if Paragon reasonably believes the disclosure is necessary or appropriate in connection with national security, law enforcement or other issues of public.
(d) Suppliers and Service Providers
For example, Paragon may engage independent test centre operators to administer test sessions, including collecting personal information from individuals who attend test sessions. Paragon also engages independent service providers to help operate Paragon’s websites, advertising and email services and to analyze information collected through websites, advertising and email.
(e) Paragon Business Transactions
Paragon may also disclose or transfer your personal information in connection with a proposed or actual business transaction in which Paragon is involved (such as a corporate amalgamation, reorganization, merger or acquisition, or the sale of some or all of Paragon’s business or assets).
- Retention/Deletion of Personal Information
In addition, if you submit your test results to Immigration, Refugees and Citizenship Canada, then Paragon may retain records of your personal information for the minimum retention period (currently ten (10) years) required by Immigration, Refugees and Citizenship Canada.
- Location of Personal Information
Paragon and its service provider’s process and store personal information in Canada.
In addition, if you register for a test session held outside Canada, attend a test session outside Canada, or interact with a test administrator or other representative outside Canada, then Paragon and its service providers may process and store your personal information at facilities in various countries, including Canada, the United States of America, Mexico, Brazil and one or more countries in Europe or Asia including India. The personal information protection laws of those other countries are different from the laws of Canada, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information without notice. By providing your personal information to Paragon or a test administrator or other representative in those circumstances, you consent to the transfer of the personal information to facilities located in other countries and the processing and storage of the personal information at those facilities.
- Protection of Personal Information
Any such security breach of such information if results in non-implementing and non-maintaining reasonable security practices resulting in wrongful loss or wrongful gain to any person, Paragon shall not be held responsible and liable to pay damages to any such person so affected as such act shall neither be willful or intentional.
- Accuracy and Access to Personal Information
Paragon will rely on you to ensure that your personal information is as accurate, complete and up to date as necessary for the purposes of the products and services that Paragon provides to you. You will promptly notify Paragon of any changes to your personal information (including your Paragon account information) using the procedures provided on Paragon’s websites or by contacting Paragon’s Customer Care at firstname.lastname@example.org or 778.327.6854.
You may reasonably request access to your personal information collected by Paragon and information about Paragon’s use, disclosure and retention of that personal information by submitting a written request to Paragon’s Chief Privacy Officer using the contact information noted below. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to verify the accuracy and completeness of your personal information and to have the information corrected as appropriate. Paragon may decline to process a request that is unreasonably repetitive, frivolous, vexatious or impracticable, if permitted by applicable law, or if Paragon reasonably believes that the requested access would infringe or jeopardize the privacy of other persons or violate any applicable law or legal requirement, or for other reasons permitted by applicable law.
Paragon will make every endeavor to comply with the request and respond within a reasonable time after receiving the request. In the event of impossibility to respond to the request, Paragon shall send a response communicating that it is not the data processing agent and indicate, whenever possible, the agent or indicating the reasons in fact or in law that prevent the immediate adoption of the measure.
Paragon does not have the right to charge any fee for the processing of any personal data access request.
- Other rights and choices
In accordance with the applicable law, especially the Brazilian General Data Protection Law (“LGPD”), you may have certain rights regarding the personal data Paragon collects and maintains about you, and how we communicate with you. Therefore, you have the following rights, subject to some limitations:
- To review your personal data;
- To rectify (correct, update or modify) your personal data;
- To request information about Paragon’s use of your personal data (e.g., personal data Paragon has disclosed, the pieces and categories or personal data Paragon has; purposes for collection, the third parties with whom Paragon has shared your personal data);
- To erase, anonymize or block your personal data;
- To restrict Paragon’s use of your personal data;
- To object to Paragon’s use of, or certain types of disclosures or, your personal data;
- To receive your personal data in a usable format and transmit it to a third-party (data portability); and
- To lodge a complaint with the local data protection authority;
- To withdraw any consent you have given to uses of your personal data.
If you would like to exercise any of these rights, you may do so as outlined in 14e below.
Where required by applicable law, we have put in place appropriate safeguards (such as standard contractual in accordance with applicable legal requirements to ensure that your data is adequately protected. Paragon will protect your personal data when transferring internationally.
- Non-Personal Information
For example, Paragon de-personalizes or aggregates data regarding the individuals who take Paragon’s tests and their test results, and then Paragon uses and distributes (including to the Government of Canada) that non-personal information for informational, research, statistical and training purposes. As another example, Paragon modifies (using voice modification technologies) oral answers to test questions so that the individual giving the answer cannot be identified, and then Paragon uses and distributes the modified answers in instructional materials.
- Other Matters
(c) Personal Information of Children: Paragon does not knowingly collect personal information from or relating to children who are under 12 years of age without the consent of the child’s parent or legal guardian. Paragon expects parents to supervise and monitor their children’s disclosure of personal information to Paragon and its representatives. Please immediately contact Paragon’s Chief Privacy Officer at the address noted below if you believe that Paragon has unintentionally collected personal information from a child under 12 years of age without the consent of the child’s parent or legal guardian.
(h) Notices to You: You consent to Paragon sending you emails (to the email addresses you provide to Paragon) regarding this Policy and related matters.
Last Updated: December 11, 2020