Privacy Policy
Important information and who we are
Welcome to Assessfy’s Privacy and Data Protection Policy (“Privacy Policy”).
Assessfy is a product of My Seagull Limited (“we”, “us”, or “our”), committed to protecting and respecting your privacy and personal data in compliance with GDPR, FERPA, CPRA, and all other mandatory laws and regulations of the United Kingdom and relevant jurisdictions.
This Privacy Policy explains how we collect, process, and keep your data safe. It will inform you about your privacy rights, how the law protects you, and guide our employees and staff members on their obligations and protocols when processing data.
We may collect and utilize data from various individuals, including:
- Educational Entities (universities, colleges, schools, training institutions)
- Career Aspirants (students, job seekers, working professionals)
- Affiliates of Our Customers (third parties associated with our clientele)
- Automated Interactions (engagement with our website and services)
- External Parties and Public Sources (third parties and publicly accessible resources)
This policy is binding for all our employees, staff members, and encompasses all personal data managed by us at any point in time.
Your Data Controller and Data Protection Officer
Assessfy is your Data Controller and responsible for your personal data. We have appointed a Data Protection Officer (DPO) responsible for overseeing questions related to this Privacy Policy.
Data Protection Officer:
Name: Animesh Deharia
Email: animesh@assessfy.com
Address: 124 City Road, London, EC1V 2NX, United Kingdom
You have the right to make a complaint at any time to the ICO (www.ico.org.uk). We would appreciate the chance to deal with your concerns before you approach the ICO.
Processing data on behalf of a Controller and processors’ responsibility to you
In discharging our responsibilities as a Data Controller we have employees who will deal with your data on our behalf (known as “Processors”). The responsibilities below may be assigned to an individual or may be taken to apply to the organisation as a whole. The Data Controller and our Processors have the following responsibilities:
- Ensure that all processing of Personal Data is governed by one of the legal bases laid out in the GDPR (see 2.2 below for more information);
- Ensure that Processors authorised to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
- Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk associated with the processing of Personal Data;
- Obtain the prior specific or general authorisation of the Controller before engaging another Processor;
- Assist the Controller in the fulfilment of the Controller's obligation to respond to requests for exercising the data subject's rights;
- Make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in the GDPR and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller;
- Maintain a record of all categories of processing activities carried out on behalf of a Controller;
- Cooperate, on request, with the supervisory authority in the performance of its tasks;
- Designate a data protection officer where required by the GDPR, publish their details and communicate them to the supervisory authority;
- Support the data protection officer in performing their tasks by providing resources necessary to carry out those tasks and access to Personal Data and processing operations and to maintain their expert knowledge;
- Ensure that any person acting under the authority of the Processor who has access to Personal Data does not process Personal Data except on instructions from the Controller; and
- Notify the Controller without undue delay after becoming aware of a Personal Data Breach.
Legal Basis for Data Collection
“Personal Data” means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store, and transfer different kinds of personal data about you which we have grouped together below. Not all of the following types of data will necessarily be collected from you but this is the full scope of data that we collect and when we collect it from you:
- Personally Identifiable Information (PII): This includes Profile/Identity Data (first name, last name, gender, date of birth) and Contact Data (phone number, addresses, email addresses). This information is collected to verify the authenticity of users and to prevent impersonation during examinations.
- Photographs and Videos: AI proctoring may take photographs or videos of users during assessments to ensure the integrity and authenticity of the test-taking process.
- Test and Assessment Data: This includes records of assessment solutions, answers to questions, and test results.
- Marketing and Communications Data: This includes your preferences in receiving marketing information and other information from us.
- Billing Data: This includes information relating to your debit and credit card information such as the name attached to your payment details and your billing address.
- Transactional Data: This includes information of details and records of all payments you have made for our services or products.
- Technical Data: This includes your IP address, browser type and version, time zone setting and location, operating system and platform, and other technology on the devices you use to engage with us.
- Customer Support Data: This includes feedback and survey responses.
- Usage Data: Information about how you use our website, products, and services.
- Location Data: Information about your geographical location derived from GPS, IP addresses, and other location-based technologies.
- Behavioral Data: Data on how you interact with our services, such as click behavior, navigation paths, and session durations.
- Device Data: Information about the devices you use to access our services, including device type, operating system, and mobile network information.
- Consent Data: Records of consents you have given, including what you have consented to, the date and time, and the method of consent.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy. Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.
We may also aggregate data to enable research or analysis so that we can better understand and serve you and others. For example, we may conduct research on your demographics and usage. Although this aggregated data may be based in part on Personal Data, it does not identify you personally. We may share this type of anonymous data with others, including service providers, our affiliates, agents and current and prospective business partners.
2.2 The Legal Basis for Collecting Data
There are several justifiable reasons under the GDPR, FERPA, and CPRA that allow the collection and processing of personal data. The main avenues we rely on are:
- “Consent”: Certain situations allow us to collect your personal data, such as when you tick a box that confirms you are happy to receive email newsletters from us, or ‘opt in’ to a service.
- “Contractual Obligations”: We may require certain information from you to fulfill our contractual obligations and provide you with the promised service.
- “Legal Compliance”: We’re required by law to collect and process certain types of data, such as fraudulent activity or other illegal actions.
- “Legitimate Interest”: We might need to collect certain information from you to meet our legitimate interests - this covers aspects that can be reasonably expected as part of running our business, which will not have a material impact on your rights, freedom, or interests.
For the special categories of data that we collect, the enhanced legal justification we rely on is:
- The data subject has given explicit consent to the processing of such personal data for one or more specified purposes (“Explicit Consent”).
- Processing relates to personal data which are manifestly made public by the data subject (“Already Public”).
3.1 Our Data Uses
We will only use your personal data when the law allows us to.
Set out below is a table containing the different types of personal data we collect and the lawful basis for processing that data. Please refer to section 2.2 for more information on the lawful basis listed in the table below. Examples provided in the table below are indicative in nature and the purposes for which we use your data may be broader than described but we will never process your data without a legal basis for doing so and it is for a related purpose. For further inquiries please contact our Data Protection Officer.
Universities & Students
| Activity | Type of Data | Legal Justification | Lawful Basis for Processing Data |
|---|---|---|---|
| Customer Support | Personally Identifiable Information, Customer Support Data, Usage Data | Legitimate Interest | We process Profile/Identity and Contact Data based on Legitimate Interest to provide efficient customer support. This allows us to address inquiries and resolve issues effectively, ensuring customer satisfaction and maintaining the quality of our services. |
| Personalized Marketing | Personally Identifiable Information, Billing Data, Usage Data | Consent, Legitimate Interest | We need to process this data for personalized marketing efforts to provide targeted promotions and updates. We use this data to offer personalized services and communications, enhancing the user experience. |
| Website Monitoring | Technical Data, Usage Data | Consent | We need to process this data to monitor website performance and usage analytics to enhance user experience. |
| AI Proctoring | Photographs and Videos | Legitimate Interest, Consent | We need to process this data to ensure the integrity and authenticity of the test-taking process through AI proctoring. |
Career Aspirants & Learners
| Activity | Type of Data | Legal Justification | Lawful Basis for Processing Data |
|---|---|---|---|
| Data Insights and Promotions | Personally Identifiable Information | Legitimate Interest | We process this data to provide career insights, recommendations, and promotions relevant to career aspirants and learners. |
| System Architecture/Connectivity | Technical Data | Legitimate Interest | We need to process this data for system connectivity and data archiving, ensuring seamless service delivery. |
| Disclosing Details to Universities | Personally Identifiable Information | Contractual Obligations | We need to process this data to share relevant details with universities as part of academic processes. |
| Focused Promotional Campaigns | Personally Identifiable Information, Usage Data | Legitimate Interest | We process this data to deliver targeted promotional campaigns to career aspirants and learners. |
| Personalized Feedback for Interview Practice | Personally Identifiable Information, Usage Data, Audio Recordings | Legitimate Interest, Consent | We process this data to provide personalized feedback on interview practice sessions using Assessfy AI. |
| Scheduling Assessments for Graduate Recruitment | Personally Identifiable Information, Test and Assessment Data | Legitimate Interest, Contractual Obligations | Employers can schedule assessments and use those assessments for their graduate recruitment process. |
Website Users
| Activity | Type of Data | Legal Justification | Lawful Basis for Processing Data |
|---|---|---|---|
| Targeted Advertising | Personally Identifiable Information, Marketing and Communications Data, Usage Data | Legitimate Interest | We process this data to provide targeted advertising to website users based on their interactions and preferences. |
| Website Hosting | Contact Data, Technical Data | Legitimate Interest | We need to process this data for website hosting and maintenance, ensuring reliable service delivery to users. |
| Website Tracking | Technical Data, Usage Data | Consent | We process this data to track website and web application usage for performance monitoring and user experience enhancement. Consent is obtained through a cookie policy banner on the first visit to the site. |
3.2 Marketing and Content Updates
You will receive marketing and new content communications from us if you have created an account and chosen to opt into receiving those communications. From time to time we may make suggestions and recommendations to you about goods or services that may be of interest to you.
3.3 Change of Purpose
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact our Data Protection Officer.
If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
4.1 Your Legal Rights
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
- Right to be informed. You have a right to be informed about our purposes for processing your personal data, how long we store it for, and who it will be shared with. We have provided this information to you in this policy.
- Right of access. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it (also known as a "data subject access request"). See section 4.5 below for more details on how you can make a data subject access request.
- Right to rectification. You have a right to request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Right to erasure. You have the right to ask us to delete or remove personal data where there is no good reason for us continuing to process it, where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Right to object. You can object to the processing of personal data we
hold about you. This effectively allows you to stop or prevent us from processing your
personal data. Note that this is not an absolute right and it only applies in certain
circumstances, for example:
- Where we are processing your personal data for direct marketing purposes.
- Where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
- Right to restrict processing. You have the right to request the
restriction or suppression of their personal data. Note that this is not an absolute right
and it only applies in certain circumstances:
- If you want us to establish the data's accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Right to data portability. You have the right to request the transfer of your personal data to you or to a third party. If you make such a request, we will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
If you wish to make a request under any of these rights, please contact us at animesh@assessfy.com.
4.2 Your Control Over Assessfy’s Use of Your Personal Data
Your account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and by signing off after you have finished accessing your account.
You will need to contact us if you would like to delete your account. Please submit a written request to animesh@assessfy.com.
4.3 How Assessfy Protects Customers' Personal Data
We implement a variety of security measures to ensure the security of your personal data on our systems, including adopting a secure protocol and encrypting our databases. Any personal data collected by us is only accessible by a limited number of employees who have special access rights to such systems and are bound by obligations of confidentiality. If and when we use subcontractors to store your data, we will not relinquish control of your personal data or expose it to security risks that would not have arisen had the data remained in our possession. However, no transmission of data over the internet is guaranteed to be completely secure. If you believe that your interaction with us is no longer secure, please contact us.
4.4 Opting Out of Marketing Promotions
You can ask us to stop sending you marketing messages at any time by using the unsubscribe link on the email. Where you opt out of receiving these marketing messages, we will continue to retain other personal data provided to us as a result of interactions with us not related to your marketing preferences.
4.5 How to Request Your Data and the Process for Obtaining It
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, if your request is clearly unfounded, we could refuse to comply with your request. We may need to request specific information from you to help us confirm your identity and ensure you have the right to access your personal data. We may also contact you to ask you for further information in relation to your request to speed up our response.
5.1 Sharing Your Data with Third Parties
We may share non-personal data with third parties. We may share your personal data with subcontractors or affiliates, subject to confidentiality obligations to use it only for the purposes for which we disclose it to them and pursuant to our instructions.
We may also share personal data with interested parties in the event that Assessfy anticipates a change in control or the acquisition of all or part of our business or assets or with interested parties in connection with the licensing of our technology.
If Assessfy is sold or makes a sale or transfer, we may transfer, sell, or assign your personal data to a third party as part of or in connection with that transaction. Upon such transfer, the Privacy Policy of the acquiring entity may govern the further use of your personal data. In all other situations, your data will remain protected in accordance with this Privacy Policy.
We may share your personal data at any time if required for legal reasons or in order to enforce our terms or this Privacy Policy.
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for. We may retain your personal data for a longer period than usual in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
Your personal data may be transferred and processed in locations outside the UK and the European Economic Area (EEA) due to some of our external partners being based internationally. By engaging with Assessfy, you agree to such international data transfers. We commit to protecting your personal data by ensuring it receives a comparable level of security when transferred outside the UK and EEA. We achieve this by either:
- Transferring personal data to countries recognized by the European Commission as having adequate data protection laws; or
- Implementing European Commission-approved contractual clauses that obligate our partners to protect your personal data to the standards enforced in the UK and EEA.
We keep our Privacy Policy under review and will place any updates here. By using Assessfy, you consent to the collection and use of data by us as set out in this Privacy Policy. Continued access or use of Assessfy will constitute your express acceptance of any modifications to this Privacy Policy.
All uses of the word "including" mean "including but not limited to" and the enumerated examples are not intended to limit the term they illustrate. Email addresses set out in this policy may be used solely for the purpose stated, and unrelated correspondence will be ignored. Our staff are not authorized to contract on behalf of Assessfy, waive rights, or make representations. If anything in an email contradicts this policy or our terms, the policy or terms will take precedence.
Assessfy also complies with the Family Educational Rights and Privacy Act (FERPA) for services provided to U.S. educational institutions.
10.1 Student Rights under FERPA
- Right to Inspect and Review: Students have the right to inspect and review their education records maintained by the educational institution.
- Right to Request Amendment: Students can request corrections to records they believe are inaccurate or misleading.
- Right to Consent to Disclosures: Students must provide consent before their personal information is disclosed, except in specific circumstances allowed by FERPA.
- Right to File a Complaint: Students can file complaints with the U.S. Department of Education concerning failures by institutions to comply with FERPA.
10.2 Institutional Responsibilities under FERPA
- Notification of Rights: Educational institutions must notify students annually of their FERPA rights. We provide templates and support to assist institutions with these notifications.
- Record Keeping: Institutions must keep records of requests for and disclosures of student information. We maintain logs of all access to and disclosures of student records made through our platform.
- Safeguarding Records: Institutions must ensure the security and confidentiality of education records. We implement robust security measures, including encryption, access controls, and regular audits.
This Privacy Policy complies with the California Privacy Rights Act (CPRA), which requires that we provide California residents with notice that they have the right to:
- Opt-out of the sale of personal information;
- Know about personal information collected, disclosed, or sold;
- Request deletion of personal information; and
- Be treated without discrimination should they exercise these rights.
11.1 How We Collect and Use Personal Information
More information regarding the sources from which we collect personal information can be found above in the section titled “What Information We Collect”; business and commercial purposes for which we collect your personal information can be found above in the section titled “How We Use Your Personal Data”; categories of recipients with whom personal information is shared or sold can be found in the section above titled “When We May Share Your Personal Data.”
We do not sell any personal information collected from your use of the Assessfy Service.
How to Exercise Your Rights under CPRA
To make a request under the California Privacy Rights Act, or for any questions or concerns about our Privacy Policy or practices, please contact us at animesh@assessfy.com.
Please also see our terms of use which set out the terms, disclaimers, and limitations of liability governing your use of Assessfy.