Paragon™ Testing Enterprises
Privacy Policy

Last Updated: September 5, 2018

Your privacy is important to Paragon Testing Enterprises Inc. (“Paragon”). This Policy explains how Paragon collects, uses, discloses, retains and deletes your personal information (including your photograph, biometric information and other identity verification information), including information collected through Paragon’s websites (currently www.paragontesting.ca, www.celpip.ca, www.cael.ca and www.lpitest.ca) and information (including video recordings of you and other test takers while you take a test) collected by Paragon or its representatives when you register for a test session or attend a test session.

  1. Your Consent

By providing Paragon or its representatives with your personal information more fully defined below, you consent to the collection, use, disclosure, retention and deletion of that information in accordance with this Privacy Policy and as otherwise permitted by applicable law.

In addition, when you register for a Paragon account, you will be required to expressly consent to the collection, use, disclosure, retention and deletion of your personal information in accordance with this Privacy Policy and as otherwise permitted by applicable law.

If you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age), any information submitted shall be and/or deemed to be submitted by your parent or legal guardian who must submit orders for Paragon’s products and services on your behalf, and by doing so your parent or guardian consents, and confirms that you consent, to the collection, use, disclosure, retention and deletion of your personal information in accordance with this Privacy Policy and as otherwise permitted by applicable law.

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.

For CELPIP Tests taken in the Philippines:
In line with the Canadian English Language Proficiency Index Program’s (CELPIP) Check-in Procedures during Test Day, Magsaysay Center for Hospitality and Culinary Arts, Inc. (MIHCA), as Site Administrator, may need to obtain your personal and sensitive information such as taking scanned copies of your identification cards, recording of your signature and taking your coloured picture for identification purposes which will be directly stored in PARAGON’s database. MIHCA will not, in any way, process, store, nor record your personal and sensitive information.

  1. Personal Information

In this Privacy Policy, “personal information” means information about an identifiable individual (including the individual’s test registration information and test results) and documents and records containing that information.

  1. 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.

Paragon’s websites, online services, email messages and advertisements may also use “cookies” and other similar technologies, such as web beacons, pixel or gif tags, and action tags. Those technologies collect information that assists Paragon to improve products and services, advertising, customer communications and the online shopping experience. Paragon may use information collected through cookies and similar technologies to recognize you as a user of Paragon’s websites, determine your general location, track your use of the websites, offer personalized web page content, information and advertisements, and otherwise facilitate and improve your website experience. Paragon may use web beacons, pixel or gif tags, and action tags to confirm that email messages have been delivered to and opened by you.

You may choose to decline or disable cookies if your web browser permits, but doing so may affect your ability to access or use certain features of Paragon’s websites. You may opt-out of receiving certain emails from Paragon as indicated in the relevant emails.

Some of the information automatically collected by technological means is non-personal information (because the information does not identify you), and Paragon will deal with that non-personal information as explained below in this Privacy Policy unless applicable law requires otherwise.

  1. How Paragon Uses Personal Information

Paragon may use your personal information collected by Paragon for purposes relating to or arising from your interactions and transactions with Paragon and as otherwise set out in this Privacy Policy or permitted by applicable law, including:

  • 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
  • to protect and enforce Paragon’s legal rights, interests and remedies and to protect the business, operations or customers of Paragon or other persons, including to enforce any of the terms of use, terms of service and other agreements that govern access to or use of Paragon’s products and services.

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.

Paragon may use personal information to create non-personal information, and Paragon may then use, disclose, transfer and retain the non-personal information as set out below in this Privacy Policy.

  1. How Paragon Discloses Personal Information

Paragon may disclose your personal information in accordance with written and electronic consents that you provide in advance and as otherwise required or permitted by applicable law without your consent, including for purposes relating to or arising from your relationship and transactions with Paragon and as otherwise set out in this Privacy Policy.

(a) Specific Consents

Paragon may disclose your personal information in accordance with express or implied 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 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).
  • Paragon is not an agent of the Government of Canada and does not collect your personal information on behalf of the Government of Canada, but Paragon will disclose your personal information and related documents to the Government of Canada in accordance with this Privacy Policy.

Paragon has no control over, or responsibility or liability for, the use, disclosure, retention and deletion of your personal information by an Authorized Organization (including Immigration, Refugees, and Citizenship Canada). Each Authorized Organization’s use, disclosure, retention and deletion of your personal information is governed by the Authorized Organization’s privacy policy (not this Privacy Policy).

(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.

Paragon may disclose your personal information to law enforcement authorities or other organizations if Paragon reasonably believes the disclosure is necessary or appropriate to protect and enforce Paragon’s legal rights, interests and remedies or to protect the business, operations or customers of Paragon or other persons, including to detect or prevent unlawful or fraudulent activities or other misconduct (including cheating) in connection with a test session or test results or to enforce any of the terms of use, terms of service or other agreements that govern access to or use of any of Paragon’s products and services.

Paragon has no control over, or responsibility or liability for, the use, disclosure, retention and deletion of your personal information by the agencies, organizations or other persons to whom Paragon discloses the information in the foregoing circumstances, and the use, disclosure, retention and deletion of the disclosed information by those agencies, organizations or other persons is not subject to this Privacy Policy.

(d) Suppliers and Service Providers

Paragon may disclose your personal information to Paragon’s suppliers and service providers (including technology platform providers and test centre operators) to assist Paragon in the provision of services to you (including to administer test sessions), to provide products and services to Paragon (including to conduct customer research and satisfaction surveys and to provide customer communications, data processing and data management, marketing, fraud detection, address validation and tax services), to assist Paragon to use your personal information in accordance with this Privacy Policy (including to process your transactions and payments, fulfill your orders, verify your identity, deliver products and services to you and provide customer service), and as otherwise permitted by applicable law.

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).

  1. Retention/Deletion of Personal Information

Paragon may retain your personal information for the period reasonably necessary for the purposes set out or referenced in this Privacy Policy (including a retention period required by an Authorized Organization) and to comply with Paragon’s legal obligations or enforce or protect Paragon’s legal rights or a longer retention period required or permitted by applicable law.

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.

Paragon will either delete or dispose of your personal information, or depersonalize the information, reasonably promptly after Paragon is no longer reasonably required to retain the personal information for the purposes set out or referenced in this Privacy Policy. In addition, if you submit your test results to Immigration, Refugees, and Citizenship Canada, then Paragon will delete or destroy your personal information as reasonably requested by Immigration, Refugees, and Citizenship Canada.

  1. 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 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.

  1. Protection of Personal Information

Paragon uses reasonable safeguards – including administrative, physical and technical security and safeguarding measures – appropriate to the sensitivity of the personal information in Paragon’s possession or under Paragon’s control to help protect the information from unauthorized access, collection, use, disclosure, deletion or similar risks. Nevertheless, security risks cannot be eliminated and Paragon cannot guarantee the security of your personal information or that your personal information will not be accessed, used, disclosed or deleted in ways not otherwise described in this Privacy Policy.

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.

  1. 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 info@paragontesting.ca or 778.327.

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, 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.

  1. Non-Personal Information

Paragon creates or collects non-personal information (information that is not about an identifiable individual), including personal information that has been aggregated or otherwise anonymized so that it no longer relates to an identifiable individual. Paragon may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever. If non-personal information is combined with personal information, then the non-personal information will be treated as personal information for the purposes of this Privacy Policy.

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.

11. Other Matters

(a)       Exception for Contact Information: To the extent permitted by applicable law, the provisions of this Privacy Policy concerning personal information do not apply to information that is publicly available in a telephone directory or that is business contact information that enables an individual to be contacted at a place of business.

(b)       Disclaimers, Liability Exclusions/Limitations and Disputes: The agreements that you accept when you order Paragon’s products and services contain important provisions, including provisions disclaiming, limiting or excluding Paragon’s liability and provisions determining the applicable law and exclusive jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy Policy or Paragon’s collection, use, disclosure, retention and deletion of your personal information, and are of the same force and effect as if they had been reproduced directly in this Privacy Policy.

(c)        Personal Information of Children: Paragon does not knowingly collect personal information from or relating to children who are under 13 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 13 years of age without the consent of the child’s parent or legal guardian.

(d)       Other Websites/Online Services: Paragon’s websites may contain links to other websites or online services. When you use those links you are contacting another website or service. Paragon has no responsibility or liability for, or control over, those other websites or service or their collection, use, disclosure, retention and deletion of your personal information. Please refer to the privacy policies and terms of use that apply to those other websites or online services.

(e)       Contacting Paragon’s Chief Privacy Officer: If you have any comments or questions about this Privacy Policy or how Paragon deals with your personal information, please contact Paragon’s Chief Privacy Officer by mail, facsimile or email at: Paragon – Chief Privacy Officer, #110 – 2925 Virtual Way, Vancouver, British Columbia, V5M 4X5, Canada, email: privacy@paragontesting.ca; phone: 778.327.6860.

(f)        English Language: You and Paragon have each expressly requested and required that this Privacy Policy and all other related documents be drawn up in the English language.

(g)       Changes to this Policy:Paragon may change this Privacy Policy from time to time by posting a new version of this Privacy Policy on Paragon’s websites. Paragon’s collection, use, disclosure, retention and deletion of your personal information will be governed by the version of this Privacy Policy in effect at that time. Your continued dealings with Paragon subsequent to any changes to this Privacy Policy will signify your consent to the collection, use, disclosure, retention and deletion of your personal information in accordance with the changed Privacy Policy. Accordingly, you should check the “Last Updated” date of this Privacy Policy (at the top of this Policy) and review any changes since the last version.

(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: September 5, 2018