Privacy and Data Security

This data security and privacy policy (the Policy) explains the security and privacy practices that we use to provide the Services. It describes the ways we collect, use and protect users’ Personal Information and the rights and options available to them with respect to their Personal Information.

This policy is incorporated to and constitutes an integral part of our Terms and Conditions of Use.

All definitions and rules of interpretation as set out in clause 3 of those Terms and Conditions of Use apply equally to this Policy.

Collection

To use the Services and receive any feedback that the Services offer, we will ask you to provide Personal Information.

Due to the standard operation of the internet and the Website, we will collect further Personal Information when you access or use the Services. For example, we may record the frequency and scope of your use of the Services, the web pages that you visit within the Website, and the Internet protocol (IP) address of the computer system that you are using to access the Services.

When you undertake an assessment on the FluentIQ Test Center, we will require you to give us access to your computer’s webcam and microphone, through which we will record and store audio and video recordings of you (Recordings). We will also use your webcam to capture a copy of your photographic identification (Photographic Identification). These Recordings and your Photographic Identification will be stored by us and may be used by us and/or shared with third parties in accordance with this Policy and the Terms and Conditions of Use.

We will comply with all relevant provisions of the Privacy Act 1983 in relation to the collection, storage and use of your Personal Information.

We will not intentionally share your Personal Information or on-sell your Personal Information to a third party, except as provided in this Policy.

Privacy of Minors

Under our Terms and Conditions of Use those under the age of 18 must access the Services through a parent’s or legal guardian’s account.

Due to the above, we may legitimately collect Personal Information on minors in which case the terms of use of that Personal Information as set out in this Policy will apply.

Minors may, however, register as Customers and use the services in breach of our Terms and Conditions of Use without our knowledge.

If you believe that a minor has registered as a Customer and accessed the Services without the knowledge of their parents or legal guardians, you are welcome to contact us at: [email protected], identify the user and, to the fullest extent possible, we will remove the Personal Information from our servers.

Personally Identifiable Information

You agree that we may use any Personal Information that may identify you (Personally Identifiable Information) for the following purposes only:

  1. To provide you with the Services;
  2. To improve and enhance your experience and the quality of the Services;
  3. To help our continued research into linguistics, applied linguistics, and second language acquisition;
  4. To ensure that the Photographic Identity you submit to the FluentIQ Test Center matches the identity of the person who undertook the corresponding assessment and submitted the Recordings;
  5. In any manner with your consent;
  6. To enforce the Terms and Conditions of Use;
  7. To take any action in any case of dispute, or legal proceeding of any kind between you and us, or between you and other users or third parties with respect to, or in relation with the Services and/or your use of the Website;
  8. To comply with any applicable law and to assist law enforcement agencies under any applicable law, when we have a good faith belief that our cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards.

You agree that we may share Personally Identifiable Information with others in any of the following instances:

  1. With your consent, including but not limited to providing third parties with such Personally Identifiable Information where you have disclosed to them your FluentIQ Certificate ID whether directly or indirectly or when you choose to have the analysis of your recording shared through your social network account, email or other means we may offer from time to time. Your consent is hereby expressly given in respect of any person who attempts to access the FluentIQ Test Center using your FluentIQ Certificate ID, irrespective of how that person received it.
  2. To facilitate your use of the Services.
  3. In any case we reasonably believe that sharing your Personally Identifiable Information is necessary to prevent imminent bodily harm or damage to property.
  4. If we believe that you have breached the Terms and Conditions of Use or abused your rights to use the Services, or performed any act or omission that we reasonably believe to be violating any applicable law, rules, or regulations. We may share your information in these cases, with law enforcement and other competent authorities and with any third party, as may be required to handle any result of your wrongdoing.
  5. If we organise the operation of the Services within a different framework, or through another legal structure or entity, or if we are acquired by, or merged into or with another entity, provided however, that those entities agree to be bound by the provisions of this Policy, with reasonably necessary changes taken into consideration.
Aggregated Information

You agree that we may use anonymous, statistical or aggregated information collected through the Website (including your Recordings which we may anonymise) or the provision of the Services to:

  1. Properly operate the Services;
  2. Improve the quality of the Services or to to enhance the Services or your experience of the Services;
  3. Create new services and features including customized services;
  4. To help our continued research into linguistics, applied linguistics, and second language acquisition;
  5. Publish written material on or in relation to the Services and the results of our research; and
  6. For further internal, commercial and statistical purposes.

You agree that we may share anonymous aggregated and statistical information collected through the Services, with other third parties for our legitimate (in our sole discretion) research and business purposes.

Data Retention, Deletion and Choice

At any time and subject to our verification of your identity, you may request to delete the Recordings you have made available through the Website. Once we complete processing your request, we will delete Recordings you have made, at which point your FluentIQ Certificate of English Communication and FluentIQ Certificate ID will cease to be valid (if not already in accordance with the Terms and Conditions of Use). You will not be entitled to a refund of any Fees paid by you.

We may delete your Personally Identifiable Information, vocal recordings, in whole or in part, from our systems, without notice to you, once we deem they are no longer necessary for our reasonable business and research needs, but not before your FluentIQ Certificate of English Communication relying on such Personally Identifiable Information has expired in accordance with the Terms and Conditions of Use.

For the avoidance of doubt, we will retain all anonymised data relating to you that we have collected from the Website or Services, including but not limited to assessment results from the FluentIQ Test Center, or any other Personal Information that we have anonymised, and continue to store and/or use that information in accordance with this Policy and the Terms and Conditions of Use.

Transfer of Data Outside your Territory

Given the nature of the Services, you agree that your Personal Information may be may stored and processed in various sites throughout the globe. If you are a resident in a jurisdiction where transfer of your Personal Information to another jurisdiction requires your consent, then you provide us your express and unambiguous irrevocable consent to such transfer.

Cookies

Cookies are packets of information sent by our servers to your web browser and then sent back by the browser each time it accesses our servers. You agree that we may use cookies in the process of providing the Services to you.

Some of the cookies may expire when the session ends and you close your browser. Other cookies are saved on your computer’s hard drive. If you wish to block the cookies, then please use the help button in your browser and follow the necessary instructions. However, bear in mind that disabling cookies may complicate or even prevent you from using the Services in whole or in part.

Information Security

We will implement appropriate (in our sole discretion) systems and procedures to keep your Personal Information as secure as possible.

However, as the Services are provided by way of the internet which is inherently insecure, these measures are unable to provide absolute assurance. We cannot, therefore, guarantee that your Personal Information and your use of the Services will be wholly secure and private and immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. You agree that FluentIQ will not be responsible or liable for any loss or breach of your Personal Information by a third party who has gained access to the Website and/or Services via your FluentIQ Certificate ID You agree that the Website and/or Services contain your Personal Information (including your Photographic Identification) and that by disclosing your FluentIQ Certificate ID such Personal Information and Photographic Identification may become publicly available, whether intended by you or not.

Links

This Policy only applies to your use of the Website and/or Services, but not to any links to other third party websites. FluentIQ is not responsible for the handling of your Personal Information by third party websites, whether such link and/or third party is endorsed by FluentIQ or not.

Transfer of Data on Change of Ownership

Should FluentIQ sell or otherwise dispose of all or a substantial part of its business, including but not limited to the Fluent IQ Test Center, all of your Personal Information and Personally Identifiable Information will be transferred to the new owner of FluentIQ’s business (or any part thereof). This Policy and the Terms and Conditions of Use will continue to apply to you following such change of ownership.

Credit Card Information

If you choose to pay for Services by credit card, your credit card details are not stored by us and can not be accessed by our staff. Your credit card details are securely stored by Payment Express to enable us to automatically bill your credit card on a recurring basis. You can find Payment Express’ privacy policy here.

Changes to this Privacy Policy

We may from time to time change the terms of this Policy. Substantial changes will take effect 30 days after we have posted an initial notification on the homepage or other relevant page of the Website. Other changes will take effect 7 days after their initial posting on the Website, unless we amend the Policy to comply with legal requirements. In such cases the amendments will become effective immediately upon their initial posting, or as required.

You agree to be bound by any of the changes made in the terms of this Policy. Your continued use of the Website and Services will indicate your acceptance of the amended Policy. If you do not agree with any of the amended terms, you must avoid any further use of the Services.

Contact us

You may contact us with any question about the Services by contacting us at [email protected]. We will make efforts to address your inquiry promptly.