Pacific Metrics Privacy Policy

Pacific Metrics Non-HR Privacy Policy
Effective Date of Implementation: 09-29-16

A.   Scope of this Policy

At Pacific Metrics Corporation (“Pacific Metrics”) we recognize the importance of protecting the privacy of personal information (also referred to as personally identifiable information also referred to as “PII”). This policy explains how Pacific Metrics collects, uses, maintains, shares, and protects your information when you provide personal information to us through our customers, i.e., your schools or similar educational organizations (“Pacific Metrics Education Clients”) when you and they participate in Pacific Metrics’ test assessments, programs and services. Such personal information is collected by Pacific Metrics’ Education Clients and delivered to Pacific Metrics online, via FTP upload or uploaded onto our testing programs software directly. Pacific Metrics is a participant of the EU-US Privacy Shield (see below).
“You” or “your” as used herein shall mean a student whose school or educational organization participates in a Pacific Metrics’ program or uses a Pacific Metrics’ product or services or such student’s family or guardian or parents.

B.   Children’s Privacy

We do not accept personal information directly from students. Our website is not intended to be used by children under the age of 18. If you are under the age of 18, please do not use our website.

C.   Types of Personal Data and Information Pacific Metrics Collects

  • Personal Information: Personal information is information that Pacific Metrics collects that identify you, such as your name, address, unique student identification, test scores in some cases and social security numbers. It does not include anonymized, aggregate or statistical information. Based on your relationship with us, you may be asked to provide certain personal information required for test assessments.
    • Purpose for which Pacific Metrics Collects and Uses Your Personal Information
      Personal information may be used by Pacific Metrics to: administer Pacific Metrics test assessments, provide test score reports to Pacific Metrics Education Clients; review and/or improve products, programs or services; conduct educational research and analysis consistent with Pacific Metrics’ mission for educational testing. Pacific Metrics only collects personal information that is relevant for the purposes of its services and is consistent with the consent given by the individual.
  • Non-personally Identifying Information: When you visit the Website, Pacific Metrics may collect and store general Internet data, including your internet protocol (IP) address, domain name, browser type, date and time of access, which web pages on the Website you visited, the referring Uniform Resource Locator (URL), and how long you spent on each page.
    • How Pacific Metrics uses Non-personally Identifying Information
      This information may be collected to assist us in administering and making improvements to the Website, to enhance security, and for statistical analysis. Pacific Metrics may contract with other companies and individuals to facilitate these services (e.g.maintenance, analysis, audit, development), who will have limited access to your non-personally identifying information and only use it to perform those services on our behalf. Non-personally identifying information also includes information collected through the Website and offline that is maintained by Pacific Metrics in aggregate or de-identified form(s). This information is collected and may be used for research purposes, to inform public policy and advocacy, and for reporting purposes such as to education institutions, state agencies, and businesses.

D.   Information Sharing and Disclosure

Pacific Metrics will not sell or disclose personal information we collect through our website, offline or through our products except as consistent with your choices, as described in the specific terms and conditions for Pacific Metrics’ programs, products or services or as set forth below. Pacific Metrics may share personal information with its vendors but only for the same purposes for which Pacific Metrics received such personal information from Pacific Metrics Educational Clients as set forth above. Examples include handscoring and printing vendors of such test assessments (these vendors are usually other secured test assessment companies) or translation of test results by language translators all of whom are contractually bound by the terms of this Pacific Metrics Privacy Policy as stated herein. In addition, your personal information may be disclosed in response to lawful requests by public authorities for subpoena or other legal processes, including requests to meet national security or law enforcement requirements.

Participation in the EU-US Privacy Shield

Scope: This Pacific Metrics Privacy Policy in addition to this specific section addressing the EU-US Privacy Shield Policy applies to all personal information received by Pacific Metrics in the United States from the EU, in any format, including electronic, paper or verbal.

Privacy Principles
Notice: Pacific Metrics participates in and complies with the EU-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the European Union to the United States from Pacific Metrics Education Clients. Pacific Metrics has certified to the Department of Commerce that it adheres to the Privacy Shield Principles and is committed to subject all personal information from the EU to the Privacy Shield Principles. For residents of the European Union, Pacific Metrics and its parent company, ACT Assessment Technologies, Inc. are committed to subject to all personal data or personal information received from the EU in reliance on the Privacy Shield for collection, use and maintenance of the types of personal information as described Paragraph C above.

Link to privacy policy of ACT Assessment Technologies, Inc.
If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit the Privacy Shield List at www.privacyshield.gov.

Accountability for Onward Transfer: In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, please note that Pacific Metrics does not transfer personal information to third parties other than vendors who are contractually bound to assist Pacific Metrics in providing its services. In our agreements terms are included that obligates our vendors to provide at least the same level of protection as is required by the EU-US Privacy Shield Principles, provides that the data may be processed only for limited and specified purposes consistent with your consent, that the vendor will notify Pacific Metrics if it can no longer meet these obligations and that upon termination of the contracts shall take agreed to steps to return or destroy such data to protect it from unauthorized disclosure. Nonetheless, Pacific Metrics is potentially liable for appropriate onward transfers of personal information to third parties who do not comply with the Privacy Shield Principles.

Choice to Limit Use and Disclosure of Personal Information: If you are a student of a Pacific Metrics Education Client and would like to opt-out of disclosing your personal information or wish to limit the use and disclosure of your personal information, you or your parents may contact your school or educational organization (Pacific Metrics Education Client(s). Such Pacific Metrics Education Clients are under contract with Pacific Metrics and are the initial collectors of your personal information and in that capacity, act as agents for Pacific Metrics in the initial collection of your personal information. You may also contact Pacific Metrics directly at cmoreland@pacificmetrics.com to indicate that you would like to opt-out.

Access, Correction and Updating of Your Information: You may access, correct or update personal information you have provided by contacting Pacific Metrics’ Senior Counsel and Chief Data Privacy Officer, Cheryl Moreland at cmoreland@pacificmetrics.com

Inquiries or Complaints: In compliance with the EU-US Privacy Shield Principles, Pacific Metrics commits to resolve complaints about our collection or use of your personal information. Individuals in the European Union with inquiries or complaints regarding our Private Shield policy should first contact Pacific Metrics through its Chief Data Privacy Officer:

  • Cheryl Moreland, Senior Counsel and Chief Data Privacy Officer
    Pacific Metrics Corporation
    (831) 383-5472
    1 Lower Ragsdale Drive, Building 1, Suite 150
    Monterey, CA 93940
    cmoreland@pacificmetrics.com

Under certain conditions, you may submit unresolved Privacy Shield complaints to JAMS, our Alternative Dispute Resolution (ADR) Provider based in the US. JAMS can be contacted at: 160 W. Santa Clara Street, Suite 1600, San Jose, CA 95113 USA (408) 288-2240. This recourse mechanism is available to you at no cost.
Under certain conditions, you may invoke binding arbitration.
Pacific Metrics’ compliance with this Policy and the EU-US Privacy Shield Framework is subject to the Federal Trade Commissions’ investigatory and enforcement powers.

Retention of Information

Pacific Metrics will retain your information for as long as is necessary to fulfill any of the uses identified in this privacy policy or to comply with applicable legal, regulatory or court orders.

Security and Confidentiality Commitment

Protecting personal information through the use of reasonable administrative, physical and technical safeguards is important to Pacific Metrics. Pacific Metrics has security protocols and measures in place to protect your personal information from unauthorized access, alteration, and unlawful disclosure. To the extent practicable, Pacific Metrics protects the confidentiality of all information we collect. Accordingly, Pacific Metrics prohibits the unlawful disclosure of personal information. When Pacific Metrics disposes of personal information, we take reasonable measures to protect against unauthorized access to such information.

Changes to this Policy

Pacific Metrics reserves the right to modify this privacy policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices.

Business Transactions

Pacific Metrics may assign or transfer this Policy including any personal information, to any person or entity that acquires all or substantially all of the business, stock or assets of Pacific Metrics, or is merged with Pacific Metrics.

Contact Us

If you have questions regarding this Policy or about the privacy practices of Pacific Metrics please contact us by email at cmoreland@pacificmetrics.com.

Pacific Metrics HR Privacy Policy
Effective Date of Implementation: 12-12-16

Scope of this Policy

At Pacific Metrics Corporation (“Pacific Metrics”), we recognize the importance of protecting the privacy of personally identifying information.
This policy explains how Pacific Metrics collects, uses, maintains, shares, and protects your information when you visit the Pacific Metrics website (the “Website”) to apply for employment with Pacific Metrics.

Children’s Privacy

The Website is intended for use by education and workforce development professionals, other adults, high school students engaged in college and career planning, and their parents. The Website is not intended to be used by children under the age of 18. If you are under the age of 18, please do not use this Website.

Information Pacific Metrics Collects

  • Personally Identifying Information is information that can identify you, such as your name and address. It does not include anonymized, aggregate or statistical information. Based on your relationship with us, you may be asked to provide certain personally identifying information as described below.
  • Job applicants: If you are applying for employment with Pacific Metrics, we will collect your name, address, email address, work and education history, as well as other personally identifying information necessary to evaluate your application.
  • Other tools: Other interactive tools or functions on the Website may collect personally identifying information from you.

Non-personally Identifying Information

When you visit the Website, Pacific Metrics may collect and store general Internet data, including your internet protocol (IP) address, domain name, browser type, date and time of access, which web pages on the Website you visited, the referring Uniform Resource Locator (URL), and how long you spent on each page. This information may be collected to assist us in administering and making improvements to the Website, to enhance security, and for statistical analysis. Pacific Metrics may employ other companies and individuals to facilitate these services (e.g., maintenance, analysis, audit, development), who will have limited access to your information and only use it to perform those services on our behalf.
Non-personally identifying information also includes information collected through the Website and offline that is maintained by Pacific Metrics in aggregate or de-identified form(s). This information is collected and may be used for research purposes, to inform public policy and advocacy, and for reporting purposes such as to education institutions, state agencies, and businesses.

How Pacific Metrics Uses Your Personally Identifying Information

Personally identifying information collected through the Website or offline may be used to:

  • Administer, review and/or improve the Website, Pacific Metrics assessments, products, programs or services;
  • Conduct research and analysis consistent with Pacific Metrics mission;
  • Invite you to participate in surveys consistent with Pacific Metrics’ mission, including surveys regarding Pacific Metrics products, programs and services; and
  • Provide you with marketing information about Pacific Metrics assessments, products, programs, services, or special offers from Pacific Metrics.

Information Sharing and Disclosure

As a test assessment technology company, it is important to share information with those who have a legitimate reason to use it, or who can provide educational or career opportunities to you. Pacific Metrics will not sell or disclose personally identifying information we collect through this Website or offline except as consistent with your choices, as described in program, product or service specific terms and conditions, or as set forth below.

Generally

Pacific Metrics may disclose personally identifying information:

  • To Pacific Metrics subsidiaries and affiliates;
  • As required by law, for subpoena or other legal processes;
  • As necessary to investigate, take action on, or prevent suspected or actual illegal activities, fraud, or potential threats to safety or personal physical safety; and
  • To another company that acquires Pacific Metrics or its assets, which will have responsibility for your personally identifying information, as described in this privacy policy.

Links and Websites

The Website may contain links to non-Pacific Metrics affiliated websites. Pacific Metrics does not control the privacy policies or practices of these websites. You should review the privacy policy of the non-Pacific Metrics affiliated website before providing any information through these websites. Pacific Metrics is not responsible for the content or practices of any linked non-Pacific Metrics affiliated websites, and provides these links solely for the convenience and information of visitors to the Website.

Retention of Information

Pacific Metrics will retain your information for as long as is necessary to fulfill any of the uses identified in this privacy policy or to comply with applicable legal, regulatory, or court orders.

Security and Confidentiality

Protecting the personally identifying information through the use of reasonable administrative, physical and technical safeguards is important to Pacific Metrics. Pacific Metrics has security protocols and measures in place to protect your personally identifying information from unauthorized access, alteration, and unlawful disclosure. In the course of business, Pacific Metrics may collect or ask that you disclose your Social Security number. To the extent practicable, Pacific Metrics protects the confidentiality of all information we collect, including Social Security numbers. Accordingly, Pacific Metrics prohibits the unlawful disclosure of personally identifying information, including Social Security numbers, and limits access to Social Security numbers. When Pacific Metrics disposes of personally identifying information, we take reasonable measures to protect against unauthorized access to the information.

Changes to this Policy

Pacific Metrics reserves the right to modify this privacy policy at any time. If Pacific Metrics makes material changes to this privacy policy, the changes will be posted on this Website to alert you.

Contact Us

If you have questions regarding this Policy or about the privacy practices of Pacific Metrics please contact us by email at cmoreland@pacificmetrics.com.