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Our privacy policy

Last updated: August 14th 2024

Questionmark respects the privacy of all its stakeholders and is committed to processing your personal information, also called personal data, responsibly and in accordance with data protection principles and applicable law. This privacy policy explains how we collect, use, share and protect information about you and your rights in relation to your personal information.

Except where specified otherwise, this privacy policy applies to Questionmark Computing Limited and its subsidiaries, Questionmark GmbH and Questionmark Corporation (collectively referred to as “Questionmark”, “we”, “us” or “our”). Where Questionmark mentions its affiliates, those include Learnosity Limited, Learnosity Inc and Learnosity Pty Ltd.

In this privacy policy we use the terms “Data Controller” and “Data Processor”. These terms have special meanings. “Data Controller” means the organization or person that determines the purpose and means of the processing of personal information, for example an organization or educational institution that is a test sponsor and uses our products and services to deliver assessments to test takers. “Data Processor” means the organization or person that processes personal information on behalf of the Data Controller.

Except when stated otherwise, this privacy policy addresses Questionmark’s activities as a Data Controller. When acting as a Data Processor for its customers, Questionmark is contractually bound to comply with privacy obligations in legally binding contracts that address the requirements of applicable law.

Questionmark only processes personal information pursuant to a lawful basis in accordance with the requirements of applicable law. Lawful bases may include your consent, our legitimate interests and for the performance of a contract with you where products or services are provided. Where Questionmark is acting as a Data Processor, the Data Controller is responsible for ensuring personal information is provided to Questionmark in accordance with applicable law and Questionmark may only process such personal information in accordance with the instructions of the Data Controller.

Our websites

This privacy policy applies to any Questionmark website which includes a link to this privacy policy, including the main publicly-facing website at https://www.questionmark.com and the separate support site at https://help.questionmark.com (“Questionmark Support Site”).

Information Collected. When you create an account on the Questionmark Support Site, register for or purchase services either on our main website or via a third-party payment merchant, you enter various information including name and contact details. Questionmark also collects information at this time, including the internet protocol (IP) address used to connect your computer to the Internet; login; email address; password; computer and connection information such as browser type and version, operating system, platform, and purchase data. Questionmark also records information about your interaction with Questionmark systems and personnel within our customer relationship management system, such as which resources you access or download.

Questionmark offers a chat service on our main website to provide support and assistance in addressing general queries about our products and services, for example if you need help booking a demonstration of our services. Questionmark also provides an additional chat service on the Questionmark Support Site for customers seeking help with troubleshooting and technical support purposes. Each of these chat services are provided using third party suppliers. You can use the chat service without providing personal information. However, we necessarily collect all information you enter into the chat service as well as any information you share with us by email, for purposes of reviewing and responding to your communication. Questionmark may ask you to provide personal information when you contact us with support or troubleshooting questions for identification purposes and if that information is necessary to help respond to your queries. We encourage customers to maintain accounts on our Support Site, where they can conveniently view their open support tickets and submit new ones.

Questionmark uses cookies to allow you to stay logged into our websites, to make the website experience more useful (such as remembering preferences), to gather general statistical information about site use and for marketing purposes. More information on Questionmark’s websites’ use of cookies can be found at https://www.questionmark.com/cookies-policy/ and at https://help.questionmark.com/hc/en-us/p/CookiePolicy for the Questionmark Support Site.

Children. Questionmark does not knowingly collect personal information through its websites or services from any person under the age of 13. We do not market our products and services to persons under the age of 13. If you become aware that a child under the age of 13 has provided personal information to us, please contact us using the information below.

How Information Is Used. Questionmark uses the information collected via its websites for its internal business purposes (such as maintaining and improving our products and for general, reasonable administrative purposes), to correspond with you (including to provide information on our products and services and for sales and marketing purposes – unless you have opted out of receiving such correspondence in accordance with applicable laws), to gather and analyse information and monitor activity on the websites and to provide you with the best product experience. For example, we may use information provided in interactions with our support personnel or using our websites to improve our documentation.

Visibility of Information. The personal information you provide to Questionmark will only be visible to you, Questionmark and its authorized contractors and subprocessors.

If you create an account on the Questionmark Support Site, your account and support tickets will be visible to you and those included in the submitted support ticket, as well as to Questionmark and its authorized contractors and subprocessors.

Should you use a credit card to make a payment on Questionmark’s websites, Questionmark does not retain a copy of the full credit card number and only retains a reference to the number which is held in full by a secure credit card handling service. Purchasing may also be made via a third-party payment merchant. In this case, Questionmark may be a joint Data Controller with that third-party payment merchant. You should review any third-party payment merchant’s privacy policy before providing them with any personal information, to ensure you are comfortable with their handling of your personal information. Personal information provided to a third party payment merchant will be processed in accordance with that third party’s policies. Questionmark will handle any personal information passed to us by a third-party payment merchant in accordance with this privacy policy.

Your Choices. Questionmark will not ask you to provide personal information that is not reasonably necessary to provide a service or product you request. You can always choose not to provide information, even though it might be needed to make a purchase or to access resources on the Questionmark websites. If you choose not to provide essential information you might not be able to make an online purchase, register for webinars, access online resources on Questionmark websites, or use information on the Questionmark Support Site that requires a user account.

Opt-Out. Questionmark and its affiliates comply with all applicable laws that require opt-in consent prior to sending targeted communication. In compliance with the U.S. CAN-SPAM Act of 2003 and other applicable legislation, Questionmark and its affiliates maintain an opt-out list of email addresses (also known as a ‘suppression list’). This list of addresses may be provided to authorized contractors conducting email broadcasts on Questionmark’s and its affiliates’ behalf, but only for the express purpose of suppressing these addresses from promotional email broadcasts conducted on Questionmark’s and its affiliates’ behalf. If you have registered for an account on the Questionmark Support Site, or make a purchase or register for services on our websites, you will receive periodic email newsletters and communications from Questionmark and its affiliates to assist you in learning about assessment technologies. In registering for a user account on the Questionmark Support Site or otherwise providing us with your personal details where Questionmark is the Data Controller, you consent to receipt of such correspondence. If you do not want to receive communications from us, please follow the unsubscribe instructions at the bottom of the email or newsletter you received (this method is the quickest way to expedite your unsubscribe request). Alternatively, you may submit a request by sending an email to unsubscribe@questionmark.com or by contacting your account manager.

In registering for or purchasing services on our websites, you will be asked to consent to our processing of your personal information as described above. You may withdraw consent at any time by contacting us as described in this privacy notice.

Recruitment privacy policy

Questionmark is committed to protecting the privacy of personal information provided to us in recruitment processes. We believe it is important that you understand what personal information Questionmark collects about you, how we use it and your rights in this personal information. For more information, refer to our recruitment privacy policy at https://www.questionmark.com/company/careers/recruitment-privacy-notice/.

Information collected when you take an assessment on our servers

An assessment may consist of a test, exam, quiz, survey, or other kind of assessment. Questionmark provides assessment services as a service provider to assessment sponsors. The assessment sponsor is the company or organization that offers the assessment for delivery from Questionmark’s servers. The assessment sponsor is the Data Controller and Questionmark is the Data Processor in respect of the processing of personal information described in this section.

When you take an assessment on Questionmark’s servers, assessment sponsors may collect or receive personal information through our service including names and demographic and other information. The assessment sponsor decides what information they ask for and collect and Questionmark processes this information only to provide the services requested by the assessment sponsor in accordance with our agreement with the assessment sponsor.

We also automatically record the IP address, browser header data and other similar information about the computer used to take the assessment. If you use our secure browser, Questionmark Secure, to take assessments, we may record further information including details of other processes running and peripherals on your computer and actions taken during the assessment, including URLs of other websites you navigate to during the assessment. If the assessment sponsor asks us to provide additional services, like online proctoring or record and review proctoring, then at the choice of and as instructed by the assessment sponsor, further information will be recorded, including proof of identification, video and/or audio, full desktop screen recording and recording of web traffic/screenshots of the assessment session. The assessment sponsor decides what personal information is processed. We do this on behalf of the assessment sponsor for purposes of ensuring the integrity of the assessment process, for example so that the assessment sponsor can detect possible incidents of cheating and to ensure proper candidate authentication.

When an assessment is administered to you by or on behalf of the assessment sponsor, we collect and may score your responses and derive an assessment score, and the assessment sponsor may use this data collected to generate reports about your results.

Any personal information processed by Questionmark will be visible to and shared with the assessment sponsor, as the Data Controller. Providing personal information is voluntary, but usually necessary if you wish to take the assessment. You should raise with the assessment sponsor any concerns you have regarding personal information that you are asked to provide as part of the assessment process.

Questionmark software also uses cookies to make your experience with the software useful, for example to remember preferences, provide you with a better user experience and to help make the assessment experience more effective.

When you use Questionmark software to author or administer assessments on behalf of an assessment sponsor, personal information described above can also be recorded and is treated in the same way as information for people taking assessments. By authoring an assessment on our servers, your personal information will be transmitted by Questionmark to the assessment sponsor.

Certain assessments may be administered through independent testing centers. These centers may have their own privacy policies that may be different from this policy. Questionmark is not responsible for these privacy policies or the conduct of independent testing centers. If you have any questions or concerns about an independent testing centers’ collection or use of any of your personal information, please talk to the assessment sponsor or independent testing center directly.

We require all assessment sponsors to comply with all privacy and data protection laws applicable to the personal information being processed, including where applicable the General Data Protection Regulation (Regulation (EU 2016/679)(“GDPR”), the United Kingdom Data Protection Act 2018 and the GDPR as modified and retained in the law of the United Kingdom (“UK GDPR”), the Swiss Federal Data Protection Act (“FADP”), the California Consumer Privacy Act 2018 as amended, and the California Privacy Rights Act (“CCPA”) and/or the Australian Privacy Principles included in the Australian Privacy Act 1988 (Cth) (“APPs”), when using Questionmark’s services. The collection, use and further disclosure of your personal information by the assessment sponsor is subject to the assessment sponsor’s own privacy policies, for which Questionmark is not responsible and which may be different from this privacy policy. You should raise any questions about this with the assessment sponsor.

The assessment sponsor is responsible for ensuring that the personal information collected from you and processed as part of the assessment process is collected and processed in accordance with applicable data protection laws. Questionmark acts in accordance with the assessment sponsor’s instructions, including as recorded in written agreements that only permit Questionmark to use your personal information for purposes of providing the services to the assessment sponsor. California Consumer Privacy Act 2018, as amended, and the California Privacy Rights Act (“CCPA”). When providing products and services to assessment sponsors that are covered businesses under the CCPA or otherwise when implied by that law, Questionmark will be acting as a “service provider.” In this case, Questionmark will enter into written agreements with such assessment sponsors to meet the applicable requirements of the CCPA. Questionmark will only use personal information of California consumers that it receives as a service provider in accordance with the assessment sponsor’s written contractual instructions and purposes, and shall not retain, use, disclose or otherwise process personal information otherwise than as permitted for service providers under the CCPA and its regulations. Questionmark does not sell or share personal information as such terms are defined in the CCPA.

Disclosing information to others

Questionmark does not sell or rent personal information (including your email address) it collects to others; however, it may disclose personally identifiable information in the following situations and where applicable in compliance with and limited by the requirements of applicable data protection laws and other commitments made by Questionmark to good privacy practice:

(a) in response to a subpoena, court order or legal process, to the extent permitted and required by law;

(b) to protect your security or the security of other persons including in response to lawful requests by public authorities, including for national security or law enforcement purposes, consistent with applicable law;

(c) in connection with a sale, joint venture or other transfer of some or all of the assets of Questionmark companies, provided that the acquirer commits to using personal information in a manner consistent with applicable law and this privacy policy;

(d) to companies in the Questionmark group including its affiliates, and a limited number of organizations or individuals who are working as our authorized contractors, resellers or agents and who are committed and obliged to protect your privacy in a manner consistent with this privacy policy and applicable law;

These organizations and individuals assist us in providing services to customers and prospects, including the provision of data storage services, customer relationship management, technical support and consulting or other services, and may as instructed by Questionmark access, store, use or process personal information when providing services to us;

(e) when you request it, for instance if you have asked us to do this as part of an effort to connect you with experts who can help you.

By registering for a user account on the Questionmark Support Site, making a purchase on our websites or otherwise providing us with your personal information, you give your consent for your personal information to be transmitted in the situations outlined above. You may withdraw this consent at any time by contacting us as described in this privacy notice.

As Data Controller, the assessment sponsor is responsible for ensuring that transmittal of personal information collected from you as part of the assessment process is in accordance with applicable data protection laws. Questionmark acts in accordance with the assessment sponsor’s instructions in respect of such personal information.

As a Data Processor of personal information collected from you as part of the assessment process, Questionmark may only disclose personal information to others as authorized by assessment sponsors in accordance with applicable laws.

Transmission of information and cross-border transfers

Data collected and received by us may be transmitted to the United States and other countries where Questionmark or its affiliates and contractors are located. The internet is a global environment. By using our websites and sending information to us electronically, you consent to international transmission of any data that you may choose to supply us. The purpose of international transmissions is to provide support in respect of our services, utilize personnel within the Questionmark group, including its affiliates, and use subcontractors that provide services to us.

Information transmissions to this site and emails sent to us may not be secure. Although Questionmark places a high priority on security and uses reasonable security measures, due to the inherent nature of the internet, all internet transmissions are done at the user’s own risk.

When Questionmark transfers personal information from the European Economic Area, Switzerland and United Kingdom to other countries, we will only do so with arrangements in place that are designed to ensure that your personal information is protected in those other places in accordance with applicable legal requirements.

Questionmark may transfer personal information to countries considered by the European Commission, Switzerland and United Kingdom as applicable to provide an adequate level of data protection as compared with EU, Swiss and UK data protection laws. In respect of other countries, Questionmark has contractual agreements in place with its relevant suppliers incorporating the EU Standard Contractual Clauses and UK and Swiss addendums, as applicable, and Questionmark Corporation has certified to the EU-U.S. Data Privacy Framework (EU-U.S. DPF), UK Extension to the EU-U.S. DPF and Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) with respect to transfers to the United States of America as elaborated on below.

As a Data Processor, Questionmark may only transfer personal information to other countries in accordance with the requirements and restrictions of its contracts with assessment sponsors and applicable laws.

EU-U.S. Data Privacy Framework (EU-U.S. DPF); UK Extension to the EU-U.S. DPF and Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF)

Questionmark Corporation complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.

Questionmark Corporation has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Questionmark Corporation has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. As a participating organization in the EU-U.S. DPF, UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Questionmark Corporation accepts responsibility for onward transfers to third parties and if such third parties’ processing is inconsistent with the EU-U.S. DPF Principles and Swiss-U.S. DPF Principles, unless Questionmark Corporation can prove it is not responsible for the event giving rise to the damage/

Access and other rights that you have

You may request access to your personal information in order to review, correct and/or delete any personal information Questionmark retains about you by:

  • sending an email request to Questionmark’s Data Protection Officer at privacy@questionmark.com.
  • mailing a request, via regular mail, postage pre-paid in the
    • US: Privacy Officer, Questionmark Corporation, 260 Madison Avenue, 8th Floor, New York, NY 10016, USA
    • Germany: Data Protection Officer, Questionmark GmbH, Hopfenstr. 8, 80335 Munich, Germany
    • UK & Rest of the World: Data Protection Officer, Questionmark Computing Ltd, 3rd Floor 1 Ashley Road, Altrincham, Cheshire WA14 2DT, United Kingdom.

In your request, please clearly state what personal information you would like to have access to. Questionmark will respond to requests within 30 days.

UK, Swiss and EU residents have rights to access personal information stored about them and to limit its use and disclosure. This includes the right to request access to and rectification or erasure of personal information or restriction of or objection to processing, as well as the right to data portability and to withdraw consent to processing of personal information. Questionmark’s customers store personal information within our systems and therefore if you want to receive access to, limit the use of, or limit disclosure of, your personal information received by Questionmark as part of an assessment process administered by an assessment sponsor, you should ask for this via the assessment sponsor. Similar rights exist for California consumers under the CCPA, if the assessment sponsor is a business covered by that law. If you are a California consumer, you should contact the assessment sponsor directly to most quickly exercise the rights you may have.

Where you have provided personal information directly to Questionmark, such as when registering for a Questionmark Support Site user account or purchasing services on our websites, Questionmark will on request provide you with the personal information it retains about you in accordance with applicable data protection law.

Retention of personal information

Questionmark retains your personal information for as long as is necessary to provide its services which includes prudent, limited duration archive retention, for compliance with legal obligations, to enforce our rights under agreements and as permitted under applicable data protection law, including where relevant subject to the requirements of the Data Privacy Framework principles. Retention periods will therefore reasonably vary based upon the nature of the personal information involved.

Where our assessment sponsor customers store personal information within our service, the assessment sponsor is the Data Controller and determines and is responsible for the length of time during which personal information is retained. Questionmark acts in accordance with the Data Controller’s instructions and may not retain personal information contrary to these instructions.

Aggregation and quality assurance use

Questionmark may from time to time use assessment or website personal information collected for purposes of maintenance and operation of services provided to you, including for internal quality assurance purposes, for instance to ensure that new releases of software behave as expected.

Questionmark has a formal data security policy that keeps track of any such data and carries out internal exercises to ensure that it is not misused.

Questionmark may statistically aggregate data in non-person specific form, and subject to applicable law use this data for operations management, quality control, security and marketing purposes and to improve the quality of our future products and services, and subject to applicable law pass this to assessment sponsors. Such activities on any personal information provided for assessment purposes may only be carried out with the instructions of the assessment sponsor for which Questionmark acts as a Data Processor.

By using our site or taking assessments, you give consent for such use. Except where our use does not require consent under applicable law, you may withdraw your consent to such use at any time by contacting us as described in this privacy policy. The right to object to processing of your personal information under the GDPR applies even when we process your personal information on a basis other than your consent, such as based on our legitimate interests or to perform a contract with you.

How we protect your information

To prevent unauthorized access, maintain data accuracy, ensure the appropriate use of information and protect against the loss, misuse or alteration of information under our control, we have put in place appropriate physical, technical and administrative controls to protect personal information we collect through our websites. Questionmark maintains a formal, internal data security policy that is regularly reviewed and audited and on which all employees are trained. More information on security measures employed by Questionmark can be found at https://www.questionmark.com/trust.

Where Questionmark acts as Data Processor, we comply with written contractual obligations agreed with assessment sponsors, including having in place appropriate technical and organizational measures that are designed to protect personal information. More information on Questionmark technical and organizational measures can be found at http://www.questionmark.com/go/od-measures.

Links to other websites

Our websites and our assessments may contain links to other websites on the Internet that are not operated by Questionmark. For the avoidance of doubt, this privacy policy covers only the Questionmark site and servers and not other websites or systems, even if linked to from Questionmark’s websites.

Changes to this privacy policy

From time to time, we may need to update this privacy policy. We reserve the right to do so by updating this privacy policy which will be pointed to from our websites. The ‘last updated’ date at the top of this page will be modified to show that a change has been made.

When the changes are material, we will also inform you in advance of any changes taking effect in our newsletter and/or otherwise prominently posting a notice of such changes or by directly sending you a notification of changes.

We stand behind the promises we make, and unless required by law will never materially change our policies and practices to make them less protective of personal information collected in the past without the consent of affected customers. We encourage you to review this privacy policy periodically for any changes or updates.

Enforcement

Questionmark is committed to working with individuals to obtain a fair resolution to any complaints or disputes about privacy and personal information.
Questionmark carries out periodic self-assessments to verify that its privacy policy and practices are implemented as described and will take such actions as may be required to address any compliance failures, including with reference to the requirements of the Data Privacy Framework principles and applicable law.

Please contact us if you have any questions or concerns regarding this privacy policy or our practices.

Questionmark’s commitment to privacy is demonstrated and documented by our adherence to applicable laws, execution of the E.U. Standard Contractual Clauses and UK and Swiss addendums with relevant third parties and Questionmark Corporation’s participation in the EU-U.S. DPF, UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF.

Any questions, complaints or concerns about this privacy policy should be sent to Questionmark’s Data Protection Officer at privacy@questionmark.com or via regular mail, postage prepaid, addressed in the:

  • US: Privacy Officer, Questionmark Corporation, 260 Madison Avenue, 8th Floor, New York, NY 10016, USA
  • Germany: Data Protection Officer, Questionmark GmbH, Hopfenstr. 8, 80335 Munich, Germany
  • UK & Rest of the World: Data Protection Officer, Questionmark Computing Ltd,  3rd Floor 1 Ashley Road, Altrincham, Cheshire WA14 2DT, United Kingdom.

You may also call Questionmark and raise issues at our contact telephone numbers on our websites.

We will respond to your concerns within the scope of the EU-U.S. Data Privacy Framework principles within 45 days or sooner if required by applicable law.

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Questionmark commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU, UK and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF should first contact Questionmark Corporation at: FAO Privacy Officer, 260 Madison Avenue, 8th Floor, New York, NY 10016, USA or privacy@questionmark.com, or using any of the other contact information above.

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Questionmark Corporation commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO) and the Gibraltar Regulatory Authority (GRA), and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF.
The Federal Trade Commission has jurisdiction over Questionmark Corporation’s compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).

In respect of personal information within the scope of the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF and Swiss-U.S. DPF, under certain circumstances described therein you may have the right to initiate binding arbitration relating to this privacy policy or Questionmark Corporation’s relevant practices once other dispute resolution mechanisms have been exhausted, as further described in Annex I to the EU-U.S. DPF at https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction.

How to contact us

If you have any questions or concerns about this privacy policy or how we have handled your personal information, please contact Questionmark’s Data Protection Officer at privacy@questionmark.com or using the contact information provided above. If we are unable to satisfactorily deal with your concerns, you should contact the bodies referred to above. Unless stated otherwise in this privacy notice or required by law, we will respond within 30 days.