Privacy and Data Security

Keeping you safe and your data up-to-date

Privacy Policy

 We take the privacy of our users and customer data incredibly seriously and have detailed our policy here, if you do not agree to this policy or have any doubts regarding the protection of your personal data please do not use the Services. We welcome any questions or feedback you may have.

As the operators of the www.fluentiq.com  website, Fluent Scientific Limited registered in New Zealand with Company Registration Number 5663787 and having its registered office address at Level 7, 158 Gloucester Street Christchurch New Zealand. Including our wholly-owned UK subsidiary, FluentIQ Limited Registration SC589301 with registered offices being 272 Bath Street Glasgow G24JR (“We“, “Us“, “Fluent Scientific Limited”) is committed to protecting and respecting your privacy. This Privacy and Cookies Policy (“Policy“) relates to English assessment services provided through our website and application (“Services”) and sets out the basis on which the personal data collected from you, or that you provide to Us will be processed by Us. Please read the following carefully to understand our views and practices regarding your personal data and how We will treat it.

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 these Terms and Conditions of Use apply equally to this Policy

For the purpose of, the General Data Protection Regulation (“GDPR”), this policy applies from the GDPR implementation date or, until GDPR implementation date, the Data Protection Act 1998 (collectively the “Data Protection Laws”):

  • in respect of the personal data of users of the Website and the Services and business contacts of Fluent IQ, the Data Controller is Fluent Scientific Limited;
  • In respect of the personal data of individuals who complete the Fluent IQ communication assessment tool, Fluent Scientific Limited shall process personal information as a data processor on behalf of its users and customers who use our services to assist with their English communication assessment processes. Where you directly supply your assessment certification to a third party or to one of Fluent Scientifics Customers, the third party or Customer’s privacy policy, rather than this Privacy Policy, will apply to the processing of your personal information.
  1. Information we collect from you

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 Centre, 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 make all reasonable effort to comply with all relevant provisions of the New Zealand Privacy Act 1983 and GDPR 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 specifically provided in this Policy.

We collect and process some or all of the following types of information from you:

  1. Information that you provide by filling in forms on the fluentiq.com website (“Website”). This includes information provided at the time of registering to use the Website subscribing to our Services, posting material or requesting further information or services. We may also ask you for information when you report a problem with the Website. During the testing process, you will be asked to provide personal ID information and will be videoed at identified stages throughout the assessment
  2. If you contact Us, we may keep a record of that correspondence.
  3. We may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them.
  4. Details of all actions that you carry out through the Website and of the provision of services to you.
  5. Details of your visits to the Website including, but not limited to, traffic data, location data, weblogs and other communication data, the site that referred you to our site and the resources that you access.

The provision of your full name and e-mail address is required from you when you register to use our Services We will inform you at the point of collecting information from you, whether you are required to provide the information to Us.

  1. Privacy of Minors

Under our Terms and Conditions of Use minors (Under 18 years of age) are not permitted to use our Services.

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.

  1. Uses made of your information

We use information held about you in the following ways:

  1. To process and assess scoring of the assessment taken by you
  2. To notify you of your assessment results or to provide your assessment results to the organisation that directly requested you to complete the process as part of a recruitment or selection process.
  3. To verify identification matching between the person taking the test and the details you have provided
  4. To conduct scientific research and data analysis to improve the validity of the tools available on fluentiq.com
  5. To ensure that content from the Website is presented in the most effective manner for you and for your computer.
  6. To notify you about changes to our Services and provide you with information that is relevant to your use of the Services.
  7. To enforce terms and conditions of use
  8. To take any action in any case of dispute, or legal proceeding of any kind between you and us, or between you and others or third parties with respect to, or in relation with the services and/or your use of the website
  9. 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.
  1. 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 Centre 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.
  1. 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 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.

  1. 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 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 Centre, 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.

  1. Disclosure of your information

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company, and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 (where applicable). 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 the transfer of your Personal Information to another jurisdiction requires your consent, then you provide us your express and unambiguous irrevocable consent to such transfer.

We may disclose your personal information to third parties:

  1. in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. Disclosure would be protected under appropriate privacy and disclosure agreements between US and any third party.
  2. if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or in order to enforce or apply our Website Terms and Conditions and other agreements, but we will endeavour to minimise such disclosure to only that reasonably necessary and, where possible, to provide you with notice of such disclosure; and/or
  3. to protect the rights, property, or safety of Fluent Scientific Limited, the Website, our users employees and any third party we interact with to provide the Services.
  1. How we store your personal data – Security

We take all appropriate measures to ensure that all personal data is kept secure including appropriate security measures to prevent personal data from being accidentally lost, or used or accessed in an unauthorised way, for the duration of your use of our Services. We limit access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where We are legally required to do so.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website, therefore any transmission remains at your own risk. Once we have received your information, we will use strict procedures and security features in order to prevent unauthorised access.

  1. Keeping your personal data up to date

If your personal details change you may update them by accessing the relevant page of the Website, or by contacting Us using the contact details below.

We will endeavor to update your personal data within thirty (30) days of any new or updated personal data being provided to Us, in order to ensure that the personal data We hold about you is as accurate and up to date as possible.

  1. Where we store your personal data

The data that We collect from you and process as a result of your use of the Services may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for Us or for one of our suppliers. Such staff maybe engaged in, among other things, the assessment of your test, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.

In particular, your data may be accessible to i) Fluent Scientific staff in the NZ or UK or ii) may be stored by Fluent Scientifics hosting service provider on servers in the USA as well as in New Zealand. The USA does not have the same data protection laws as New Zealand the United Kingdom and EEA. We are committed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal data.

If you would like further information, please contact Us (see ‘Contact’ below).

  1. How long we keep your personal data

We will hold all the data for so long as we have an obligation to provide the Services, and thereafter until such time as we delete your account in accordance with our Customer Terms and Conditions.

Your personal information will be deleted on one of the following occurrences:

  1. deletion of your personal information by you (or by another person engaged by the Customer); or
  2. Expiry of the assessment certificate (12 months from the date of completion)
  3. receipt of a written request by you (or another authorised person engaged by you) to us.
  1. Your rights

Under the General Data Protection Regulation, you have a number of important rights free of charge. In summary, those include rights to:

  1. access to your personal data and to certain other supplementary information that this Policy is already designed to address
  2. require Us to correct any mistakes in your information which We hold
  3. require the erasure of personal data concerning you in certain situations
  4. receive the personal data concerning you which you have provided to Us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
  5. object at any time to the processing of personal data concerning you for direct marketing
  6. object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
  7. object in certain other situations to our continued processing of your personal data
  8. otherwise, restrict our processing of your personal data in certain circumstances
  9. claim compensation for damages caused by our breach of any data protection laws.

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

  1. contact us using our Contact details below
  2. let Us have enough information to identify you,
  3. let Us have proof of your identity and address. Where you are a user of our Services you should email us from the email address that you used to register with Fluent IQ. Receipt of an email from this address will usually be sufficient to confirm your identity. In all other cases we may request one or more identification documents, such as a copy of your driving license or passport and a recent utility or credit card bill; and
  4. let Us know the information to which your request relates.
  1. Third Party Websites

The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and terms of use and that we do not accept any responsibility or liability for these policies and terms of use. Please check these policies before you submit any personal data to these websites.

How to complain

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.

  1. Changes to our privacy policy

We reserve the right to modify this Privacy Policy at any time. Any changes we may make to our Policy in the future will be notified and made available to you using the Website. Your continued use of the Services and the Website shall be deemed your acceptance of the varied Privacy Policy.

  1. IP Addresses and cookies

We may collect information about your computer, including where available your IP address, operating system, and browser type, for system administration, customer support and to collect aggregate information for internal reporting purposes.

In addition, our Website uses 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.

These cookies allow us to distinguish you from other users of the Website, which helps us to provide you with a good experience when you browse our Website and allows us to improve the Website.

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.

The cookies we use are “analytical” cookies. Some of the common uses for our cookies are as follows:

  1. to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our Website works, for example by ensuring that users are finding what they are looking for easily.
  2. to identify and authenticate a user across different pages of our Website, within our own Website, in a session or across different sessions. This is so that the user does not need to provide a password on every page the user visits; and
  3. to be able to retrieve a user’s previously stored data, for example, information that the user previously submitted to the Website, so as to facilitate reuse of this information by the user.
  1. 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.

  1. Contact

All questions, comments and requests regarding this Privacy Policy should be addressed to [email protected]