Paragon Testing Enterprises

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Privacy Policy

Paragon™ Testing Enterprises Privacy Policy

Last Updated: October 20, 2016

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, 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 (in writing or electronically) 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 Canadian jurisdictions is either 18 or 19 years of age), then your parent or legal guardian 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.

  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) Direct Collection

You may be asked to voluntarily provide 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 can 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.

(b) Websites, Cookies and Other Technologies

Paragon’s websites may automatically collect certain non-personal 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 non-personal information for various purposes, including to administer and improve the 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.

Paragon treats information collected by cookies and similar technologies as non-personal information, except that if internet protocol (IP) addresses or other similar identifiers are considered personal information under your local laws then Paragon will treat that information as personal information for the purposes of this Privacy Policy.

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.

  1. How Paragon Uses Personal Information

Paragon uses your personal information for various purposes, 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 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 detect or prevent unlawful or fraudulent activities or other misconduct (including cheating) in connection with a test session or test results and 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 through various sources (including information collected through Paragon’s websites), information collected from you when you register for a test session or attend a test session, and information obtained from other sources.

You may also provide personal information in order to receive email and other communications from Paragon. You may unsubscribe from some of those communications by using the applicable self-service unsubscribe procedure offered by Paragon (for example, by clicking an unsubscribe link in an email) or by contacting Paragon’s Customer Care using the contact information noted below.

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 forth below in this Privacy Policy.

Paragon discloses your personal information as set forth below in this Privacy Policy.

  1. How Paragon Discloses Personal Information

(a) Disclosure to Government Agencies/Educational Institutions/Other Recipients:

If you take a 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 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 identify and to prevent fraud or other misconduct). In addition, Paragon will disclose your personal information to an Authorized Organization as required to respond to an access to information request submitted to the Authorized Organization under Canadian law.

For example, if you submit your 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, Refugee, and Citizenship Canada.
  • Each of Paragon and Immigration, Refugee, 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 thePrivacy 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 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).

(b) Law Enforcement/Legal Disclosures:

Your personal information may be subject to access by and disclosure to law enforcement agencies in accordance with applicable law.

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 importance.

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.

(c) 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. Paragon requires its suppliers and service providers to agree to use your personal information only for the purposes for which it is provided to them, and to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy and applicable law.

For example, Paragon may engage independent test centre operators to administer test sessions, including to collect 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.

(d) Paragon Business Transactions:

Paragon may also disclose your personal information in connection with a proposed or actual business transaction in which Paragon is involved (such as a corporate reorganization, merger or acquisition, or the sale of some or all of Paragon’s business or assets), but Paragon will require that the information recipient agree to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy and applicable law.

(e) Paragon’s Research Programs:

As part of its research program Paragon may share with selected researchers test content and responses from either operational or retired test forms, test scores and anonymized demographic data.

  1. Retention, Location and Protection of Personal Information

Paragon will store and process your personal information in Canada.

Paragon retains your personal information for the period reasonably necessary for the purposes set forth or referenced in this Privacy Policy (including a retention period required by an Authorized Organization) or a longer retention period required or permitted by applicable law. For example, if you submit your test results to Immigration, Refugees, and Citizenship Canada, then Paragon will retain records of your personal information for the retention period (currently ten (10) years) required by Immigration, Refugees, and Citizenship Canada.

Paragon employs reasonable safeguards – including administrative, physical and technological security and safeguarding measures and solutions – appropriate to the sensitivity of the personal information in Paragon’s possession or under Paragon’s control in order to protect the information from unauthorized access, collection, use, disclosure, disposal or similar risks.

  1. Deletion of Personal Information

Paragon will delete or dispose of your personal information when Paragon is no longer reasonably required to retain the information for the purposes set forth 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. Accuracy and Access to Personal Information

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.

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 778.327.6854.

You may request access to your personal information and information about Paragon’s collection, use, disclosure, retention and deletion of your 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 challenge the accuracy and completeness of your personal information and to have it amended as appropriate. You may be required to pay a reasonable fee for access to your personal information.

  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.

  1. Other Matters

(a)           Business Contact Information:  To the extent permitted by applicable law, the provisions of this Privacy Policy concerning personal information do not apply to information (such as your name, position or title, business address, business telephone number, business fax number and business email address) that enables you to be contacted at a place of business.

(b)           Services Agreements:  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. If Paragon learns that it has inadvertently collected the personal information of a child under 13 years of age without appropriate consent, Paragon will use reasonable efforts to delete that information from Paragon’s systems (except to the extent that retention of the personal information is required or permitted by applicable law).

(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. Les parties conviennent et exigent expressement que ce Politique et tous les documents qui s’y rapportent soient rédigés en anglais.

(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.