INTRODUCTION
Examfly Limited (hereinafter referred to as “Examfly”, “the Company”, “us, “we” or “our”) of 36 Glensky Square, Phoenix Park Racecourse, Castleknock, Dublin 15 is committed to protecting the privacy and security of personal data, which is data identifying a person or from which a person can be identified. We aim to clear and transparent about the information that we collect and what we do with that information.
Depending on how it obtains the personal information, the Company may be a data controller or a data processor. This Privacy Policy outlines how we collect, use, share, protect and retain any personal information which is given to us through use of our website www.examfly.com, (“the Platform”) or otherwise. We are required under data protection legislation (including the General Data Protection Regulation 2016/679 (GDPR), the Data Protection Act 2018 and any other legislation rules or guidelines) to notify you of the information contained in this Privacy Policy.
We recommend that you print a copy of this Privacy Policy for your future reference. If you do not agree to this Privacy Policy then you must not register or access or use the Platform or use any materials on the Platform.
Please note that we may, at our absolute discretion, change, modify, add to or delete portions of this Privacy Policy at any time. When we do this, we will post a revised version of our policy here. In addition, if you have an account with us, we will send a copy of the revised Privacy Policy to the email address you provided when you registered with the Platform with an explanation as to what will be the likely impact of these changes. If you no longer accept this Privacy Policy or any changes or variations to this Privacy Policy you must cease accessing or using the Platform. Your continued use of the Platform is deemed to be acceptance of this Privacy Policy and any changes thereto.
WHO DOES THIS PRIVACY POLICY APPLY TO?
This privacy policy refers to all parties (clients, individuals authorised by our clients to use the Platform (End Users), job candidates, employees, contractors, suppliers and other interested parties.) whose personal data is processed by us (collectively “you” or “your”)).
THE PERSONAL DATA WE COLLECT AND USE ABOUT YOU
In this Privacy Policy when we refer to “personal data” this means any information identifying you or information from which you can be identified. We may collect and process the following information about you:
Information which you give to us or which may be given to us about you
You may give us information about you and/or about End Users when you complete forms on our Platform or by communicating with us by phone, e-mail or otherwise. This includes information provided when End Users use our Platform. The information you give us may include name and email address.
Please note that similar to most professional websites, we do not actually store user passwords as provided by the user, but rather store a cryptographic transformation of the password in order to protect the passwords.
Information we collect
Our server logs automatically collect information, such as:
- your IP address,
- login information,
- your device type and ID,
- your browser type and version,
- time zone setting,
- browser plug in types and versions,
- operating systems and platform,
- language,
- the pages on the Platform visited, the date and time of your visit
- your location when visiting the Platform,
- page response times,
- download errors,
- length of visits to certain pages,
- page interaction information (such as scrolling, clicks, and mouse-overs),
- methods used to browse away from the page,
- any phone number used to call our customer service number.
- information about visits to the Platform,
- engagement levels, and
- performance on specific tests.
The above helps us to gather statistics on the Platform and to track users’ movements around the Platform in order to customise and improve the Platform.
We may use standard Internet tools, such as web beacons and cookies [see link to our Cookies Policy here], which collect information that tracks your use of the Platform and enables us to customise our services
WHAT WE DO WITH THE INFORMATION WE COLLECT ABOUT YOU
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- Where we need to perform a contract that we have entered into with you or from which you benefit.
- Where we need to comply with a legal obligation.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
- Where we need to protect your interests (or someone else’s interests).
- Where it is needed in the public interest (or for official purposes).
Situations in which we will use your personal information:
We need all the categories of information in the list below primarily to allow us to perform our contract with you or from which you benefit and to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below. We have indicated by asterisks the purpose or purposes for which we are processing or will process your personal information, as well as indicating which categories of data are involved.
We do the following with the information we collect about you:
- Review your requests for registration on the Platform;
- Administering and carry out our obligations under the contract we entered into with you or from which you benefit;
- Provide you with the information, products and services that you request from us;
- Maintain and manage your account;
- Analyse your use of the Platform and improve the Platform;
- To provide End Users with suggested areas for improvement;
- To provide clients with any information, whether aggregated or otherwise that we are obliged under contract to provide;
- Ensure the content on the Platform is presented in the most effective manner for you and the End Users;
- To permit participation in interactive features on the Platform;
- Identify and protect against misuse of the Platform and keep it safe and secure;
- Internal operations including troubleshooting, data analysis, testing, research, statistical and survey purposes;
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
End Users – Please note
End users should note that pursuant to any contract with our clients pursuant to which the End User is entitled to use the Platform, we may be obliged to share personal information relating to that End User with the client. This information may be provided “as is” or may be aggregated with other information.
If you fail to provide personal information
It is important that the personal information we hold about you is accurate and current. You agree to notify us without delay in the event of any change in the personal data that we hold about you, to enable us to comply with our obligations, including to keep information up to date.
If you fail to provide personal information when requested, we may not be able to perform the contract we have entered into with you or from which you benefit, or you may not be able to participate in or enjoy all the features of the Platform or we may be prevented from complying with our legal obligations. It may also result in your inability to obtain certain services or use certain features of the Platform.
Change of purpose
We will only use your personal information 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 we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please not that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is requested or permitted by law.
AUTOMATED DECISION-MAKING
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
- Where we have notified you of the decision and given you an appropriate time to request a reconsideration.
- Where it is necessary to perform the contract with you or from which you benefit and appropriate measures are in place to safeguard your rights.
- In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
EXTERNAL PROVIDERS AND THIRD PARTIES
We will not share information with any third parties except when:
- we have given you the opportunity to opt out in advance and you have not opted out; or
- when we are sharing the information with the third parties detailed below:
- Where you are an End User and the contract with our client from which you benefit obliges us to share that information with the client;
- With service providers, performing services on our behalf;
- With other third parties in limited circumstances, such as complying with legal requirements, preventing fraud, and protecting the safety of our users or where we have another legitimate interest in doing so.
We require third parties to respect the security of your data and to treat it in accordance with the law.
We may transfer your personal information outside the EU.
If we do, you can expect a similar degree of protection in respect of your personal information.
How secure is my information with third-party service providers?
All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal information for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
DATA SECURITY
All personal information provided to us is stored on our secure servers. Where we have given you a password (or where a password has been chosen) which enables access certain parts of the Platform, you are responsible for keeping this password confidential and that the password is not shared with anyone.
Unfortunately, the transmission of information via the internet is never completely secure. Although we will do our best to protect personal information, we cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. Once we have received such information, we will use strict procedures and security features to try to prevent unauthorised access.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know about the personal data that you give to us. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
RETENTION OF PERSONAL DATA
How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm form unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
When we no longer need your personal information, we will securely delete or destroy it. In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
ANONYMOUS AND AGGREGATED DATA
We may aggregate data in an anonymous manner for statistical purposes for disclosure to clients, business associates, employers of End Users and Platform users in relation to your progress. In particular, we obtain aggregated, statistical data (such as product or feature usage and functionality metrics), via the Platform which is anonymized and aggregated with other such anonymized data so that it does not and cannot contain any information identifiable or attributable to you either alone or in combination with other data (“Aggregated Anonymous Data”). To the extent that any Aggregated Anonymous Data is collected by Examfly, you agree that Examfly may use, store, analyse, and disclose such Aggregated Anonymous Data without your prior written consent.
ANONYMOUS / PSEUDONYMOUS USERS
Please be aware that you are not anonymous. Even if you use a username which does not reflect your real name, we cannot guarantee that others will not be able to determine your identity.
Furthermore, we reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any material posted by you on the Platform or any use by you of the Platform.
LINKS TO OTHER WEBSITES
The Platform and material posted on the Platform may contain links to websites operated by third parties. We do not exercise any control or supervision over the content of these linked sites. Accordingly, this Privacy Policy does not cover these third party websites. We encourage you to read the Privacy Policies on these third party websites you visit to see what information they collect, use and share about you.
YOUR RIGHTS IN CONNECTION WITH PERSONAL INFORMATION
We recognise that you may have certain rights at law in relation to personal information that we hold about you. If you: –
- require details of the personal information that we hold about you;
- require copies of the personal information that we hold about you;
- require personal information to be erased;
- require the processing of your data to be restricted;
- object to the processing of your personal information;
- object to automated decision making and profiling;
- require a transfer of your personal information;
- consider that information held about you is incorrect, incomplete or inaccurate
Please complete our Request Form [INSERT LINK]. We will then consider your request and we will comply with your request to the extent that we are obliged by applicable law to so do. If you are a member please supply details of your username and email address which you supplied when registering. Please note that to protect your privacy we may require further information to verify your identity.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact support@examfly.com. and we will provide you with a form to complete for your request. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose of purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
EXCLUSION OF LIABILITY
The information on the Platform is provided on an ‘as is’ basis. To the fullest extent permitted by law, but subject to the terms of any contract we may have entered into with you or from which you benefit, Examfly:
- excludes all representations and warranties relating to the Platform and its contents; and
- excludes all liability for damages arising out of or in connection with use of the Platform.
This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Examfly of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
AVAILABILITY
You are responsible for evaluating the fitness for purpose of the Platform and the content available through the Platform. Examfly does not warrant the suitability of the Platform or that the service from it will be uninterrupted, timely or error free, although it is provided to the best ability.
SALE OF THE COMPANY
We reserve the right to transfer information including personal information to a third party in the event of the sale, merger, liquidation, receivership or transfer of all or substantially all of our assets provided that the third party agrees to adhere to the terms of this Privacy Policy and provided that the third party only uses your personal information for the purpose that you have provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt out.
HOW TO CONTACT US:
If you have any questions about our Privacy Policy or our information practices, please contact us by sending an email to support@examfly.com.
EFFECTIVE DATE
This Privacy Policy is effective from: 1 January 2021
