Test Partnership Privacy Notice
Last updated 2 September 2020 to reflect the Schrems II ruling.
Welcome to Test Partnership's privacy notice.
Test Partnership respects your privacy and is committed to protecting your personal data. This privacy notice explains how we look after your personal data when you visit our website (including browsing, taking an assessment, or setting up tests as a client) and tell you about your privacy rights and how the law protects you.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
1. IMPORTANT INFORMATION ABOUT WHO WE ARE
Our full details are:
Full name of legal entity: Test Partnership Ltd
Name or title of: Data Protection Officer
Email address: email@example.com
Postal address: Censeo House, 6 St Peters Street, St Albans, AL1 3LF, United Kingdom
Telephone number: +44 (0)207 0210 526
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Test Partnership is registered with the ICO under Registration number: ZA228041.
- Where a company or similar organisation using our products or services (the "Client") has instructed us to assess an individual (the "Candidate"), the Client is the data controller and Test Partnership Ltd of Censeo House, 6 St Peters Street, St Albans, AL1 3LF, United Kingdom is a data processor.
- Where we process the personal data of a representative of a Client for the purposes of accessing or ordering our products or services, Test Partnership Ltd of Censeo House, 6 St Peters Street, St Albans, AL1 3LF, United Kingdom is the data controller.
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
Historic versions of this document can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
WHAT IS OUR LEGAL BASIS FOR PROCESSING DATA?
We have a legitimate interest to process data on behalf of the Client (the data controller) that has instructed us to process your data for the purposes of psychometric assessment, or to provide our services to you as a Client. The processing we perform is necessary for us to be able to provide our psychometric assessment service and we have not identified another less-intrusive way to achieve the same result. We have performed a Legitimate Interests Assessment (LIA) to ensure that the processing carried out does not significantly impact your rights and freedoms. We will only ever use your data provided for the provision of psychometric assessment services and for providing support; we will not use your data for any other purpose(s), such as marketing or advertising.
DATA PROTECTION PRINCIPLES
We will comply with data protection law and principles, which means that your data will be:
- Used lawfully, fairly and in a transparent way.
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
2. THE DATA WE COLLECT ABOUT YOU
In connection with your assessment (in the case of a Candidate) and in connection with your professional use of our products or services (in the case of a Client), we will collect, store, and use the following categories of personal information about you:
- Some of the information you have provided on your application form or account registration, including your name and personal email address.
- Any information you opt to provide to us personally.
- Psychometric assessment results we calculate based on your responses to our questions.
We may also collect, store, and use the following "special categories" of more sensitive personal information:
- In some cases, special category information is transferred to us such as your date of birth, gender, sexual orientation, and ethnicity. These special category data are used only in relation to statistical analyses to ensure that there is no presence of unfair discrimination against legally protected groups.
- Your disability status may be transferred to us if reasonable adjustments are required during your assessment(s).
IF YOU FAIL TO PROVIDE PERSONAL INFORMATION
If you fail to provide information when requested, which is necessary for us to provide you with access to our assessment(s), the Client which instructed us to assess you may not be able to process your application successfully.
3. HOW IS YOUR PERSONAL INFORMATION COLLECTED?
We collect personal information about Candidates from the following sources:
- Yourself, as a Candidate or as a Client.
- The Client to which you made an application for employment, development, or career progression (the data controller).
- Direct interactions. You may give us your Identity, contact and financial data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services;
- purchase our products or services;
- create an account on our website;
- complete our psychometric assessments;
- subscribe to our service or publications;
- contact us regarding feedback, queries or customer support;
- Third parties or publicly available sources. We may receive personal or technical data about you from various third parties as listed in section.
4. HOW WE USE YOUR PERSONAL DATA
We will use the personal information we collect about you to:
- Assess your performance on the psychometric assessment(s) you have been invited to complete.
- To provide you with necessary credentials to access the testing platform, provide technical support, and notify you upon receipt of completed assessment(s)
- Keep records related to your assessment results and make them available to the company who invited you to complete the assessment(s).
- Keep records related to your account such as assessment results, candidates and the results of their assessment(s).
- Comply with legal or regulatory requirements.
It is in our legitimate interests to provide psychometric assessments on behalf of a Client, to their chosen Candidates and to provide psychometric assessment services to professional organisations.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at firstname.lastname@example.org.
HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION
In some cases, we will use your particularly sensitive personal information in the following ways:
- When instructed to do so by the data controller, we will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during an assessment.
- When instructed to do so by the data controller, we will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
DATA RELATING TO CHILDREN
On rare occasions we are instructed by the data controller to process data relating to individuals who are under the age of 16, for the purpose of psychometric assessment in relation to employment. In such cases, the data controller has instructed us to process data of this nature, as it is necessary for entering into a contract of employment with the data subject. We do not knowingly process data relating to individuals who are under the age of 13 and have implemented additional safeguards to protect any data we hold in relation to a child.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a Candidate or Client||
(a) Performance of, or for entering into, a contract between yourself and the data controller, or between yourself and Test Partnership directly
(b) Necessary for our legitimate interests
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(c) Marketing and Communications
(a) Performance of a contract between yourself and the data controller, or between yourself and Test Partnership directly
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to improve how customers use our products and services)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
Necessary for our legitimate interests (to define types of customers for our products and services, to provide technical support, to keep our website updated and useful, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
Necessary for our legitimate interests (to develop our products and services and to grow our business)
INFORMATION ABOUT CRIMINAL CONVICTIONS
We do not envisage that we will process information about criminal convictions.
Although we use statistical algorithms to score your assessments, you will not be subject to decisions that will significantly impact you based on solely automated decision-making. We have a legitimate interest in performing profiling, because this is the most appropriate way to provide our service, and such processing is based on your test performance only (for example, to make inferences regarding your behavioural preferences based on your responses to a personality questionnaire). We do not use any special category data for profiling purposes. The profiling described is necessary for the provision of our psychometric assessments, and forms part of our contractual obligation to the data controller, who has instructed us to provide the assessment service. We conduct DPIA's to address any potential risks to the rights and freedoms of individuals before introducing new profiling activities. We regularly test our algorithms and processes for accuracy, to ensure that they are fit for purpose. If you would like more information regarding such processing, please contact us by sending an email to email@example.com.
5. DATA SHARING
WHY MIGHT WE SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES?
We will use the following third third party services to process your personal information for the purposes of providing the psychometric assessment service and storing the results of assessment(s):
- Amazon Web Services Inc.;
- Atlassian PTY Ltd;
- Box Inc.;
- Cloudflare Inc.;
- Cronos Internet;
- Dropbox Inc.;
- Google LLC;
- HubSpot Inc.;
- Microsoft Corporation;
- Mouseflow Inc;
- SendGrid Inc.;
- Zendesk Inc.
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 data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with the instructions of the data controller. All data transfered to third parties is done so in accordance with the EU's Standard Contractual Clauses (SCC).
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 us.
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.
6. INTERNATIONAL TRANSFERS
Some of our external third parties are based outside the European Economic Area (EEA), so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we use Standard Contractual Clauses (SCC) approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Note: since the Schrems II ruling on 16 July 2020 we no longer rely on the EU-US Privacy Shield for transferring data outside the EEA.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
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. They will only process your personal information on instruction from the data controller, 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.
8. DATA RETENTION
HOW LONG WILL YOU KEEP MY INFORMATION FOR?
In the case of Candidates, we will retain your personal information for a period of time specified by the Client that instructed Test Partnership to assess you. This is typically 24 months after you have completed our assessment(s), or within twenty business days of receiving from you or the Client a request to delete your data, whichever is the sooner. In the case of Clients, we will retain your personal information for a period of 90 days after you close your account with us, or within ten business days of receiving your request to delete your data, whichever is the sooner.
We retain your personal information for that period either for our internal records that we are obligated to keep, or so that the data controller can show (in the event of a legal claim) that they have not discriminated against candidates on prohibited grounds, and that they have conducted the selection exercise in a fair and transparent way. After this period, we will securely destroy your personal information in accordance with the data controller's instruction, and in accordance with our data retention policy.
9. YOUR LEGAL RIGHTS
YOUR RIGHTS IN CONNECTION WITH PERSONAL INFORMATION
Under certain circumstances, by law you have the right to:
- Request access to your personal information.
- Request correction of the personal information.
- Request erasure of your personal information.
- Object to processing of your personal information.
- Request the restriction of processing of your personal information.
- Request the transfer of your personal information to another party.
- Withdraw consent.
- Invoke your rights in relation to automated decision-making and profiling.
If you want to review, verify, correct, or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact firstname.lastname@example.org.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you, to help us confirm your identity, and to ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request, to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex, or you have made a number of requests. In this case, we will notify you and keep you updated.
DATA PROTECTION OFFICER
We have appointed a data protection officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO at the following email address: email@example.com. You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues.
Legitimate Interest means the interest of our business in conducting and managing our business, to enable us to give you the best service/product, and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party, or to take steps at your request before entering into such a contract (either with Test Partnership directly, or with the Client that has instructed Test Partnership to process data on their behalf).
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Third parties include:
- Service providers who act as sub-processors based in either the EEA, in an adequate country, or non-adequate countries provided they comply with EU's Standard Contractual Clauses, who provide and system administration services.
- Professional advisers acting as processors including lawyers, auditors and insurers based in the UK provided they comply with the EU's Standard Contractual Clauses, who provide consultancy, legal, insurance and accounting services.
YOUR LEGAL RIGHTS
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you, and to check that we are lawfully processing it.
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.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data 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.
Object to processing of your personal data 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. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. 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.
Withdraw consent at any time where relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Invoke your rights in relation to automated decision-making and profiling in regard to your personal data, where such automated decision-making or profiling may be carried out. Such as requesting further information regarding such processing or requesting that we check our algorithms and processes for accuracy.