Effective Date: 12 May 2018
These terms and conditions are the terms on which ClassMarker Pty Ltd (ACN 140 552 389) ("ClassMarker", "We" or "Us") permit You to access and use the Website and view and interact with any information, content, advice or material provided by Us.
ClassMarker Pty Ltd (ACN 140552 389) is subject to the Australian Privacy Act 1988 (Cth) and complies with the principles for handling your personal information.
Information we collect
How we use your information
How we disclose your information
Cookies and other tracking mechanisms
California Do Not Track disclosure
Consent to transfer personal information
We collect information, which may include personal information, about you directly from you, from third parties, and automatically through your use of our Site or Services. We may combine information automatically collected with other information that we have collected about you.
You may browse and use certain portions of our Site without directly providing us with any personal information. Certain features, however, may only be used by organisations or their users that are registered. For example, in order to create your own quizzes you must provide us with certain information.
We may use your information for the following purposes:
We may disclose your information, including personal information, with the following entities:
We may also disclose your information, including personal information, in the following ways:
While there is still no universally accepted standard regarding tracking, our Site does respond to certain Do Not Track signals (e.g., the Mozilla Firefox Do Not Track feature). You may also disable certain tracking as discussed above (e.g., by disabling cookies) though doing so may mean that certain Site functionality will be lost (e.g., staying logged into the Site). For more information about tracking, please click here.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA's website at youradchoices.com or the NAI's website at thenai.org.
We take reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure. For example, we take steps to destroy or permanently de-identify personal information if we no longer need it for any purpose. Please be aware that despite our efforts, no data security measures can guarantee 100% security.
If you have an account with us, you should take steps to protect against unauthorized access to your account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
We take reasonable steps to ensure the personal information that ClassMarker collects, uses or discloses is accurate, complete and up-to-date. You may modify your personal information by updating your account on our Site or through our Contact Us page on the Site. On request, we will give you access to the personal information we hold about you. If any personal information we hold about you is out of date or inaccurate, we encourage you to let us know by contacting us using one of the methods listed above and ask us to correct it.
If you are a registered user, we may send, (with your prior consent if you are outside the EU), periodic informational emails to you. You may opt out of such communications at any time by following the opt-out instructions contained in the email. Please note that it may take up to five (5) business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us provided that you have not opted-out of receiving such emails.
Please note that your personal information may be transferred outside the country in which you are located, including to United States of America. By using our Services, you consent to the transfer and processing of your information in a jurisdiction that may not have the same level of data protection as your home country. You are entirely free not to consent by not using our Service. However, if you do not consent, then we may not be able to provide you with our Services.
Our Site is not targeted to children under thirteen (13) years of age (sixteen (16) for EU residents unless provided otherwise by applicable law) nor do we knowingly collect personal information from children under thirteen (13) (sixteen (16) for EU residents unless provided otherwise by applicable law). If we discover that a child under thirteen (13) (sixteen (16) for EU residents unless provided otherwise by applicable law) data is in the system without adult consent, we will promptly delete such personal information from our systems. We encourage children under thirteen (13) (sixteen (16) for EU residents unless provided otherwise by applicable law) to obtain their parent's or guardian's permission before sharing personal information with any website.
The Services are offered and provided on the Site to organisations ("Customers") that wish to test their employees, students or agents, or provide them with pre-registered ID code, in order to use our Services ("Users"). We process the personal data of Users on behalf of our Customers, pursuant to instructions issued by our Customers, and the terms of our agreements with them. Users resident in the EU are not considered to have agreed to this Policy because the basis for processing their information is the performance of the Terms and Conditions we conclude with you or our contract with our Customers. The processing of data of Users located in the EU will be conducted consistent with the terms of this Policy and the data protection notice of the relevant Customer. We encourage you to contact the organisation that registered you for the Services for more information.
If you have any questions or concerns about the privacy aspects of our Site or Services, or want to complain about an interference with your privacy by ClassMarker, please Contact Us through our Site. We will do our best to resolve your complaint as quickly as possible. If you are a user in the EU, please contact the organisation that registered you for the Services.
If you are an Australian resident and are not satisfied with our response to your complaint, you can refer the matter to the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.