Psymark Privacy Policy
Last Updated: 6/6/2026
THIS PRIVACY POLICY PROVIDES GENERAL INFORMATION ABOUT THE WAY PSYMARK, INC. ("PSYMARK", "WE", "OUR", OR "US") COLLECTS, HANDLES, PROCESSES, AND SHARES DATA IN THE PSYMARK APPLICATION AND ITS WEBSITE, PSYMARK.AI OR ANY SUCCESSOR URL (COLLECTIVELY, "SOFTWARE"). IF YOU ARE ENTERING INFORMATION OF ANYONE WHO IS UNDER THE AGE OF 18, YOU ARE RESPONSIBLE TO DO SO WITH THE CONSENT OF THEIR PARENTS OR GUARDIAN AND TO PROVIDE EXPLANATIONS FOR ANY PROVISIONS OF THIS PRIVACY POLICY. BY USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY. FOR CERTAIN TYPES OF DATA PROCESSING, WE WILL OBTAIN YOUR AFFIRMATIVE EXPRESS CONSENT AS REQUIRED BY APPLICABLE LAW.
YOU SHOULD REVIEW THIS PRIVACY POLICY ON A REGULAR BASIS. PSYMARK RESERVES THE RIGHT TO REVISE THIS PRIVACY POLICY AT ANY TIME. NON-MATERIAL REVISIONS BECOME EFFECTIVE UPON POSTING OF THE REVISED PRIVACY POLICY TO THE SOFTWARE. FOR MATERIAL CHANGES, WE WILL PROVIDE YOU WITH REASONABLE ADVANCE NOTICE BEFORE THE CHANGES TAKE EFFECT. NOTICE MAY BE GIVEN BY EMAILING YOU THE NEW PRIVACY POLICY, POSTING THE REVISED PRIVACY POLICY ON THE SOFTWARE, AND/OR REQUIRING YOU TO CLICK TO ACCEPT IT. WE ENCOURAGE YOU TO REVIEW THIS PRIVACY POLICY PERIODICALLY.
Psymark and its subsidiaries and affiliates are making the Psymark application available to you for use on an Apple iPad only. The Psymark application is downloaded or delivered to you through the Apple App Store. Your use of the Software is subject to all Terms of Service (the "Terms") which you must click to accept.
YOU MUST BE PROFESSIONALLY LICENSED OR CREDENTIALED OR BE UNDER THE SUPERVISION OF A LICENSED OR CREDENTIALED PROFESSIONAL AT ALL TIMES IN ORDER TO USE THIS SOFTWARE, AND YOUR CONTINUED USE OF THE SOFTWARE WITHOUT PROPER AND ACTIVE PROFESSIONAL LICENSURE/CREDENTIAL OR UNDER THE SUPERVISION OF AN ACTIVE PROFESSIONAL LICENSURE/CREDENTIAL IS A VIOLATION OF THE TERMS.
For certain types of data processing, particularly the collection and use of sensitive personal information, we will obtain your affirmative express consent where required by applicable law. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SOFTWARE.
This Privacy Policy covers policies associated with the use or disclosure of the data we collect from you or any other data you enter into the Software about an examinee. While the Software may collect data related to examinee test performance that is not personally identifying for the examinee and minimal personal information for account creation and management purposes, any examinee student or medical data provided to the Software is governed by our student data privacy agreement ("SDPA") [INSERT LINK TO STUDENT DATA PRIVACY AGREEMENT]; student data information ("Student Data") is protected pursuant to the Family Educational Rights and Privacy Act ("FERPA") and protected health information ("Health Information" or "PHI") is protected pursuant to the Health Insurance Portability and Accountability Act ("HIPAA"). The SDPA supplements this Policy and, to the extent of any conflict, supersedes this Policy with respect to any Student Data and Medical data provided to the Software.
THE DATA CONTROLLER
Psymark is the data controller in relation to any personal information that Psymark processes about you and is responsible for ensuring that such processing complies with applicable data protection laws, including the California Consumer Privacy Act (the "CCPA") and the California Privacy Rights Act ("CPRA"). Please be aware that Psymark personnel and employees are required to comply with Psymark's data privacy practices as set out in this Policy and other data privacy-related policies.
THE INFORMATION WE GATHER
The type of information we gather with the Software falls into the following categories:
For clarity, the "Software" includes several distinct components and this Privacy Policy applies to the Software, where applicable: (1) the Psymark iPad application, which is delivered through the Apple App Store and used by the professional to administer tests; and (2) the Psymark website at psymark.ai, where the cookie-based and browser-based provisions of this Privacy Policy apply. References to browser cookies, the "Manage cookies" banner, and web browsing relate to the website rather than to the iPad application.
Aggregate Website Usage Information
We collect and store information about the features or pages viewed or utilized by all of our Software visitors and users. We may then use this data in aggregate form to identify overall Software visitor behavior patterns. Our goal in using this information is to improve our Software by making it more responsive to the needs and preferences of our users. Our Web servers automatically collect information about each visitor or user who requests or uses the Software, including your computer's internet protocol (IP) address. This IP address allows us to identify your computer on the internet so that the Software content you request from us can be sent to you. Other information collected automatically may include, but is not limited to, timestamps, feature usage, in-application actions, behavioral interaction data, other activity signals, the operating system you use to install or access the Software, the type of Internet browsers you use, information associated with your Internet service provider, and the content you view and/or download. From time to time, we may share portions of this aggregate, non-identifying Software usage information with service providers and consultants in order to plan for and improve the Software and our technical infrastructure.
What Information We Collect
Psymark may request and store certain types of personally identifying information about you when you use the Software. Psymark considers the following to be examples of personally identifying information: your first and last name, email address, home address or work address, phone number (including any mobile phone numbers used for SMS communications), credit card and banking information, device identifiers, IP address, usage data, and other similar information ("Personally Identifiable Information" or "PII"). Dates of birth may also be PII when used in conjunction with other PII. Personal Information means information that identifies, relates to, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household and includes the type of information listed in this Section, including one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person, or as further defined in the CCPA and/or CPRA. The terms "Personal Information" and "PII" are used interchangeably throughout this Privacy Policy.
Psymark only collects and processes payment information (such as credit card, debit card, or bank account information) to fulfill purchases initiated and requested by you. This information is not stored by Psymark. E-commerce is handled by our third-party providers, as described in the "Online Order Information" and "Payment Information" sections below, and while Psymark collects and processes this information via its Software, Psymark cannot access or view said payment information.
Psymark does not collect PII about you unless it is voluntarily provided or automatically collected as described elsewhere in this Privacy Policy. It is your choice whether to share additional PII with us beyond what is automatically collected. If at any time you do not wish to provide information into the requested fields, you may discontinue use of the Software, but some features require submission of PII. Psymark does not sell our users' Personal Information as currently defined under the CCPA, meaning that we do not rent, disclose, release, transfer, make available or otherwise communicate that Personal Information to a third party for monetary or other valuable consideration in exchange. We also do not share Personal Information for cross-context behavioral advertising. We use analytics only on an aggregate basis, and we never use examinee data, or any information relating to children, for advertising or marketing of any kind, as further described in the "Interest-Based Advertising and Marketing" section of this Privacy Policy. California consumers may request access to or deletion of their Personal Information, including any mobile number they have provided, subject to applicable exceptions.
If you use the Software and wish to use our services, you will need to register an online account. The information you will need to provide during these processes includes PII.
Psymark does not share users' Sensitive Personal Information, as defined by California law, for cross-context behavioral advertising. We do not sell sensitive personal information. Sensitive Personal Information includes, but is not limited to, social security numbers, driver's license numbers, state identification card numbers, passport numbers, financial account information in combination with security codes, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, genetic data, biometric data for identification purposes, health data, and data concerning sex life or sexual orientation. We do not collect precise geolocation data. We only use Sensitive Personal Information for fulfilling functions requested by you.
Your sensitive Personal Information will not be used for any additional purposes that are incompatible with the disclosed purposes listed above, unless we provide you with notice and obtain your explicit consent as required by law. We limit our use of any Sensitive Personal Information to the purposes permitted under the CPRA. Because we already limit our use and disclosure of Sensitive Personal Information to purposes that do not require the right to limit under the CPRA, no further action is needed from you; however, you may contact us at any time if you have questions about our use of your Sensitive Personal Information. You can delete your account and all data associated with it at any time from within the Software.
Psymark may share aggregated and anonymized information regarding use of the service(s) with third parties to help us develop, standardize tests, and to improve the services and provide our customers with more relevant content and service offerings.
The following table identifies the categories of personal information we have collected, or may collect, about consumers during the last twelve (12) months:
| Category | Examples | Collected |
|---|---|---|
| A. Identifiers | Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name | YES |
| B. Personal information categories listed in the California Customer Records statute | Name and contact information | YES |
| C. Protected classification characteristics under California or federal law | Gender and date of birth | NO |
| D. Commercial information | Transaction information, purchase history, financial details, and payment information | YES |
| E. Biometric information | Fingerprints and voiceprints | NO |
| F. Internet or other similar network activity | Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements | YES |
| G. Geolocation data | Approximate location estimated from IP address (via analytics, where available) and the U.S. state in which the user is credentialed (voluntarily provided); no precise or device-based location | YES |
| H. Audio, electronic, visual, thermal, olfactory, or similar information | Recordings of calls (such as customer support or quality-assurance calls) and other audio, electronic, or visual information we may create in connection with our business activities | YES |
| I. Professional or employment-related information | Business contact details in order to provide you our services at a business level | YES |
| J. Education Information | Student records and directory information | NO |
| K. Inferences drawn from other personal information | Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual's preferences and characteristics | YES |
In the preceding twelve (12) months, we have not sold Personal Information, and we have not shared Personal Information for cross-context behavioral advertising, as those terms are defined under California law. We use Google Analytics and Squarespace Analytics only on an aggregate basis, as described in the "Interest-Based Advertising and Marketing" section below, and we never use examinee data or any information relating to children for advertising or marketing. You can manage analytics and other non-essential cookies at any time through our "Manage cookies" banner, and you can delete your account and all associated data at any time from within the Software.
Information Collected Regarding Examinees
While the Software is designed to collect minimal to no personal information for account creation and management purposes, the Software requires that you input certain information about an examinee in order to administer the test. You may enter an examinee's date of birth, a nickname, or a number of your choosing, with this information solely to be used by you for your record keeping. The use of an examinee's PII in the Software is prohibited.
Examinees, including any students or children, are not users of the Software, are not intended to be users of the Software, and do not create or hold accounts with Psymark. The user of the Software is intended to be the licensed or credentialed professional (or a person under such supervision) who administers the tests, and the user is responsible for ensuring its own compliance with all applicable laws relating to the examinee and the administration of the test, including FERPA, HIPAA, COPPA, and any applicable state student-data-privacy laws.
You represent that you have the consent of your examinee to input all of the information provided, including by any guardian on behalf of any minors for whom the Software is administered. In the case of a school or other organization's purchase of licenses to access the progress monitoring materials and content, the school may, where permitted by COPPA's school-consent exception, provide consent on behalf of parents for the collection of personal information that is used solely for the school's educational purpose; however, it is the school's responsibility to determine whether the conditions for that exception are satisfied.
You agree to comply with all applicable laws relating to inputting the examinee data and administering the test. Psymark has no obligation to screen, edit, correct, or review such information prior to its storage in the Software. All such data shall be owned by you or your examinee, subject only to the data aggregation performed by Psymark on a non-identifiable basis, as further disclosed in this Privacy Policy.
Except as provided in this Privacy Policy, Psymark shall not disclose any identifiable examinee data to anyone other than Psymark's employees or subcontractors who are bound by confidentiality obligations and who need to know the same to perform Psymark's obligations hereunder.
The use of an examinee's PII in the Software is prohibited. Subject to the next paragraph below, if the information you enter into the Software could be used to identify an examinee, Psymark will treat all such information submitted by you on the examinee's behalf as PII and, to the extent Psymark qualifies as a covered entity or business associate under applicable law, as subject to HIPAA.
Psymark collects the minimum amount of PII required for aggregation and standardization. The demographic information that is collected by the Software and provided to you may be used without having to identify any single examinee.
You are encouraged to consider utilizing an examinee number or a nickname for each of your examinees so that the information provided cannot be used to identify them and protected student and health data is not collected. It is Psymark's policy to limit access to its tests and content through secured interfaces that require user authentication and to have in place reasonable support measures to protect PII.
INFORMATION THAT HAS BEEN ANONYMIZED OR AGGREGATED SO THAT IT CANNOT REASONABLY BE USED TO IDENTIFY AN INDIVIDUAL WILL NOT BE CONSIDERED PERSONALLY IDENTIFIABLE INFORMATION. AUTOMATED OR NON-HUMAN PROCESSING, BY ITSELF, DOES NOT MAKE OTHERWISE-IDENTIFIABLE INFORMATION NON-IDENTIFIABLE.
Online Order Information
If you choose to purchase products from the Software, we require the following information in order to fulfill your order: your name, email address, customer number (if applicable), mailing address, phone number, and payment information. We request an e-mail address during the order process so that we can send an e-mail confirmation message acknowledging the receipt of your order. This message contains your name, address, Psymark customer number (if applicable), the list of items you purchased, an order reference number, and the total amount of items requested. Please note that this confirmation e-mail does NOT contain your credit card number. If you tell us that you do not wish to have this information used as a basis for further contact with you or if you wish to not share this information with Psymark, Psymark will respect your wishes and you may still browse the Software, but your ability to purchase products from Psymark and/or the Software will be restricted as a result.
Any purchases of the Software or related products are processed and fulfilled by third-party providers such as the Apple App Store, Square, and Therapro. When you make a purchase, the applicable third-party provider collects and processes your order and payment information directly under its own terms and privacy policy; Psymark does not have access to or store your payment card details. Any order confirmations, receipts, or delivery communications relating to such purchases are provided by the applicable third-party provider. If you contact Psymark in connection with a purchase, we may receive limited information, such as your name, email address, and a customer or order reference number, in order to provide support, but we will not have access to your full payment card information.
Click-Stream Data, Cookie Technology, Clear GIFs, and Usage Data
When you use our website, your browser must be set to accept certain essential cookies that are necessary for the website to function. However, you may decline optional cookies used for analytics, advertising, or other non-essential purposes. These cookie provisions apply to your use of our website; the Psymark application is delivered through the Apple App Store and may use device identifiers and similar technologies rather than browser cookies. A cookie is a small piece of data housed in a text file or folder on your computer's hard drive that helps us recognize you when you utilize our Software. We use cookies to help us remember things such as the following: (1) the profile facts you tell us about yourself, (2) your specified areas of interest on our Software, (3) the items you've placed in your shopping basket, and/or (4) the Software pages you visit as you shop. The only Personal Information our Software cookie can contain is information that you supply yourself. Our cookies cannot read data from other parts of your computer. If you would like more technical information about how cookies work, take a look at www.cookiecentral.com. As stated above, you must enable cookies on your Web browser for the website to function correctly. If you are concerned about information contained in your Software cookie, you may delete the file(s) at the end of each browser session. View your browser's help file for more information on cookies (Click "Help" in the toolbar of most browsers for instructions). Click-stream data is information that describes the page-by-page paths you take as you browse through our Software. Using cookies, we track and store this information to help us customize and improve your experience on the Software. We may use click-stream data in the aggregate to provide improved services to groups of users who behave similarly. We may also use it on an individual basis to improve your specific user experience.
Like most websites, we may track use of the Software so we can analyze usage patterns and improve our Software. The technologies we use to monitor the Software's activity may include cookies and clear GIFs, among others. Through the use of a cookie, in addition to the uses indicated above, we may automatically collect information about your activity on the Software, such as the links you click, the searches you conduct, and the date and time of your use of the Software. When you sign in to your account, we may record a session identifier and your user ID to keep you signed in and to operate security features. We do not store your password in a cookie. We may also allow third-party providers to serve cookies from the Software to assist us with activities such as analytics and research on the effectiveness of the Software and its content. Information that these analytics providers collect via cookies and web beacons (such as device identifiers, IP addresses, and browsing behavior) is used on an aggregate basis and is not combined by us with your Personal Information. These third parties are contractually required to handle information in accordance with applicable privacy laws and our instructions. Cookies may be persistent or stored only during an individual session.
Clear GIFs (a.k.a. web bugs, beacons, or tags) are small graphic images placed on a web page, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document, or email message. We do not use clear GIFs to collect Personal Information about you; however, we may use clear GIFs to capture statistical usage information for our Software or the services and products offered through the Software. We may correlate this information to a user to personalize the user experience and for statistical analysis of user experiences on our Software.
We may also embed social media widgets, such as YouTube and others as indicated below. These widgets may collect your IP address, your web browser user information, store and retrieve cookies on your browser, embed additional tracking, and monitor your interaction with the widget. For more information about how this data may be used, see, as applicable, YouTube's data privacy policy.
We also maintain log files that contain IP addresses. In general, we may use log files to monitor traffic on our Software and to troubleshoot technical problems. In the event of user abuse of our Software, we may block certain IP addresses or device identifiers. Where available, IP addresses and device identifiers may be used to identify you in order to enforce our Terms [INSERT LINK TO TERMS OF SERVICE].
By using the Software, you agree to the use of cookies for the following purposes:
- Essential Cookies: these are essential in order to enable you to move around the Software and use its features.
- Performance and Analytics Cookies: We use analytics tools, including Google Analytics and Squarespace Analytics, to understand how our visitors engage with the Software. These tools collect information about your use of the Software, such as the time of your visit, whether you have used the Software before, and the site that referred you, and report trends that help us improve the Software and how people find it. Google Analytics uses its own set of cookies; a different set of cookies is used for each website, and visitors are not tracked by Google Analytics across unrelated sites. To disable analytics cookies, some browsers will indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis. You can also install the Google Analytics Opt-out Add-on in your browser, which prevents Google Analytics from collecting information about your website visits. You can also manage analytics cookies by selecting the corresponding options in our "Manage cookies" banner.
- Functionality Cookies: these small data files remember the choices you make on the Software. These cookies help to make your visit more personal and are deleted automatically when you close your browser or the session expires.
You can block or disable cookies on your device at any time by indicating this in the preferences or options menus in your web browser. You can also delete the cookies that are stored on your device. However, blocking, disabling, or deleting cookies may limit your ability to view all the pages of the Software. You can find more information about cookies at www.allaboutcookies.org. To learn more about, or to opt-out of Google's analytic and marketing services, visit Google Analytics Terms of Service, the Google Privacy Policy, and Google Analytics Opt-out.
You may also block or disable non-essential cookies by selecting the corresponding options in our "Manage cookies" banner presented to you upon your first visit to the Psymark website.
The categories of Personal Information mentioned above and otherwise herein have been collected or used, or may be collected or used, by us in the past twelve (12) months for the business purpose(s) indicated herein.
HOW WE USE YOUR PERSONAL INFORMATION
We use your Personal Information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:
Software and Service Delivery
We may use your Personal Information or other information automatically gathered to:
- provide, operate, and improve the Software, such as to enable you to make purchases of goods or services that we have listed with the Software;
- establish, process, and maintain your account registration and account on the Software;
- facilitate your use of the Software and communicate with you about the Software, including by sending you announcements, updates, security alerts, and support and administrative messages;
- provide customer support and maintenance for the Software;
- respond to your questions;
- analyze use of and improve our Software;
- identify and protect against misuses of our Software;
- identify and protect against fraudulent, unauthorized, or illegal activity affecting the Software;
- work with our third-party providers (such as the Apple App Store, Square, and Therapro) who handle purchases and deliveries, including by enabling them to provide you with purchase confirmations and delivery status;
- allow our third-party providers to provide us with marketing assistance;
- respond to and follow up on inquiries you send us, including those relating to a purchase made through a third-party provider;
- enforce this Privacy Policy, the SDPA, and our Terms of Service;
- offer products, information, links, updates, and services that may be of interest to you; and
- enable security features of the Software, such as by sending you security codes, and remembering devices from which you have previously logged in.
In general, you can visit the Psymark website without disclosing any personal information, but some portions of the Psymark website and services enabled by the Software will require disclosure of personal information for access. Psymark does keep track of the domains from which people visit us and analyzes the data with other non-identifiable information gathered from Psymark's website visits for trends and statistics, which is described further in this Policy.
Direct Marketing
We may use your Personal Information to send you Psymark-related marketing communications as permitted by applicable local, state, and national laws, rules, regulations, codes, governmental orders, ordinances, and statutes (collectively "Laws"). You will have the ability to opt out of or unsubscribe from our marketing and promotional communications by following the unsubscribe instructions in our messages, by adjusting the settings in your online account on the Software, or by selecting the corresponding options in our "Manage cookies" banner.
For Research and Development
We may use your Personal Information for research and development purposes, including to analyze and improve the Software and our business. Some services initiated via the Software may require a user to email, telephone, or otherwise contact Psymark, or Psymark to call, email, or otherwise contact the user. Psymark will not contact you by telephone without your prior consent, except to confirm or respond to a request for information and/or to inform a user of the status of such request initiated by a user, if deemed necessary by Psymark. The user should be aware that Psymark may monitor or record such calls for staff training or quality-assurance purposes, where permitted by law and subject to any notice or consent that may be required.
To Create Anonymous Data
We may create aggregated, de-identified, or other anonymous data records from your Personal Information and other individuals whose Personal Information we collect. We make Personal Information into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Software and promote our business.
Interest-Based Advertising and Marketing
We use analytics services, including Google Analytics and Squarespace Analytics, to understand, on an aggregate basis, how visitors use our website and the Software. We may use these aggregate insights to inform how we market and advertise Psymark's own products and services.
We do not tag or track individual visitors in order to serve them advertisements that follow them across other websites and online services (a practice sometimes called "remarketing" or "cross-context behavioral advertising"). Accordingly, we do not sell your Personal Information, and we do not share your Personal Information for cross-context behavioral advertising, as those terms are defined under California law.
We do not use any examinee data, or any information relating to children, for advertising or marketing of any kind.
You can manage analytics and other non-essential cookies at any time through our "Manage cookies" banner, and you can install the Google Analytics Opt-out Add-on in your browser to prevent Google Analytics from collecting information about your website visits. If you have voluntarily provided your name and email address and agreed to receive promotional offers, we may use that information to send you offers relating to our own products; you may unsubscribe at any time using the link in any such message or by contacting us at support@psymark.ai.
To Comply with Laws and Regulations
We use your Personal Information as necessary to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities, to the extent required or permitted by law.
For Compliance, Fraud Prevention and Safety
We may use your Personal Information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to:
- protect our, your or others' rights, privacy, safety or property (including by making and defending legal claims);
- audit our internal processes for compliance with legal and contractual requirements;
- enforce the terms and conditions that govern the Software; and/or
- protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyber-attacks and identity theft.
With Your Consent
In some cases, we may specifically ask for your consent to collect, use, or share your Personal Information, such as when required by applicable Laws.
HOW WE SHARE YOUR PERSONAL INFORMATION
The primary use of the information that you provide is to conduct the test(s) enabled by the Software. You consent to allow us to process that information to return examination results and store that information for later retrieval. For purposes consistent with this Privacy Policy, we may share your Personal Information with:
| Psymark Affiliated Entities | Our parent companies, subsidiaries, and/or affiliates, for purposes consistent with this Privacy Policy and applicable law. |
| Third Parties We Engage to Perform Business-Related Functions for Psymark or Provide Services to Our Customers, Such As |
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| The Public | If the Software offers any public-facing feature and you choose to disclose Personal Information through it, that information may be visible to other users or the public. We do not control how other users or third parties use any Personal Information that you make available to them, and information you post publicly may be cached, copied, or stored elsewhere by others (e.g., search engines) before you can edit or remove it. |
| Successors who acquire your Personal Information | If we sell, merge, reorganize, dissolve, or similarly change our ownership or corporate structure, provided that we will notify you of such transfer and the successor will be required to honor the privacy commitments made in this Privacy Policy. |
| Government or third-party lawyers | If required to do so by law or in our good faith belief that such action is necessary to:
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We may aggregate, de-identify, and/or anonymize any information collected through the Software using industry-standard techniques such that such information can no longer reasonably be linked to you or your device. We may use and share this aggregated and anonymized information (non-Personal Information) for any lawful business purpose, including for research and marketing purposes, and may also share such data with our affiliates and third parties. We maintain and use such information in accordance with applicable law to ensure it remains de-identified.
Psymark does not sell your Personal Information, and does not share it for cross-context behavioral advertising. California residents have rights under the CCPA and CPRA, including the rights to access, delete, and correct their Personal Information, which we will honor within the timeframes described below. For complete information about these rights and how to exercise them, please see the sections entitled "YOUR RIGHTS & CHOICES" and "YOUR RIGHTS" below. We may also share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described in this Privacy Policy.
CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) COMPLIANCE
Scope and Purpose
The Children's Online Privacy Protection Act of 1998 ("COPPA") regulates the online collection, use and/or disclosure of Personal Information from and about children under the age of 13 on the Internet. This notice is meant to inform you of Psymark's practices regarding children's information. Please note: if there is ever a material change in our collection, use, and/or disclosure practices to which you have previously consented, this notice will be updated accordingly and provided again to you.
Children and students are not users of the Software and do not create or hold accounts with Psymark. The user of the Software is the licensed or credentialed professional (or a person under such supervision) who administers the tests. Entry of an examinee's Personal Information, including a child's name or other directly identifying information, is prohibited; you are encouraged to use a nickname or an examinee number instead. As the user, you are responsible for obtaining any consents required by law (including parental consent under COPPA and any consents required under FERPA or applicable state student-data laws) before inputting information about a child, and for otherwise complying with those laws.
Psymark does not knowingly collect Personal Information directly from children under 13, and Psymark does not have any means of associating a parent or guardian with a child or of collecting parental contact information.
Psymark may collect non-identifying data related to a child examinee's test performance, together with the minimal information needed by the user for account creation and management, in order to deliver and improve the tests and to present progress and performance information back to the user. Examinees do not create accounts, do not log in, and do not independently use the Software; the licensed or credentialed professional administers the progress-monitoring tests, and any examinee test-performance data is generated in the course of that administration.
Psymark does not require a child to disclose more information than is reasonably necessary for the test to be administered, and will not retain Personal Information any longer than is necessary to fulfill the purpose for which it was collected; Psymark will de-identify or delete the information using reasonable measures to protect against its unauthorized access or use, consistent with Psymark's retention policies.
If a Child's Personal Information Is Nonetheless Entered
Although entry of an examinee's Personal Information is prohibited, if information that could identify a child is nonetheless entered into the Software, Psymark will treat that information as protected and, to the extent Psymark qualifies as a covered entity or business associate, as subject to HIPAA. Because Psymark does not associate parents with children and does not collect parental contact information, a parent or guardian who wishes to review, correct, or delete a child's information, or to refuse further collection or use of it, should make the request through the user who administers the test, or may contact Psymark directly at the address below, and we will work with the relevant user to address the request.
Parental Review and Control
Parents or guardians of children under 13 have the right to review their child's Personal Information (if any), request its deletion, and refuse to allow any further collection or use of the child's information. Because the user controls the information entered into the Software, such requests are generally directed to and handled by the user; Psymark will reasonably assist.
Information We Collect from Children
For children under the age of 13, we limit the information collected to only what is reasonably necessary for the Psymark tests to be administered. This may include non-personally identifying data related to test performance and the minimal information used by the user for account creation and management.
Use of Information
Any information collected in connection with children under 13 is used solely for the purpose of delivering and improving Psymark's tests. It is not used for marketing or advertising purposes, and Psymark does not sell children's Personal Information.
Disclosure to Third Parties
We do not share or disclose Personal Information relating to children under 13 to third parties except as necessary to provide the service, as required by law, or with appropriate consent obtained by the user.
Data Security and Confidentiality
We implement reasonable measures to protect the confidentiality, security, and integrity of any information collected in connection with children. We conduct periodic reviews and updates to support ongoing compliance with COPPA and other applicable privacy regulations.
Notification of Privacy Policy Changes
Our privacy policy is subject to change. We will provide notice of any significant changes, particularly those affecting the handling of children's personal information, and will seek renewed consent where necessary.
Contact Information for Privacy Inquiries
Parents or guardians with questions or concerns regarding our COPPA compliance or our handling of a child's personal information may contact us at Psymark Customer Service, 2629 Foothill Blvd. #314, La Crescenta, CA 91214, at www.psymark.ai, or at support@psymark.ai.
It is important to Psymark that children and their parents understand its policies and practices concerning the collection, disclosure, and use of personal information. Psymark releases any children's personal information only to third parties capable of maintaining its confidentiality, security, and integrity and who provide assurances that they will maintain the information in such a manner. Psymark does not sell your child's personal information to third parties or use it for marketing purposes. Please carefully read our Terms of Service, and if you have any questions about Psymark's practices, please contact Psymark Customer Service at 2629 Foothill Blvd. #314, La Crescenta, CA 91214, at www.psymark.ai, or at support@psymark.ai.
YOUR RIGHTS & CHOICES
The California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), grants certain rights to California residents. California defines a "resident" as (1) every individual who is in the State of California for other than a temporary or transitory purpose and (2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose. All other individuals are defined as "non-residents." As individuals who have visited, registered an online account, and/or purchased from our Software, you have the following rights and choices:
Access or Update Your Account Information
If you have registered for an account with us, you may review and update certain Personal Information or other information in your account profile by logging into the account. You have the right to request disclosure of what personal information we have collected, used, disclosed, sold, or shared about you in the twelve (12) months preceding your request.
Corrections to Personal Information
You have the right to request the correction of inaccurate personal information that we maintain about you. If your Personal Information changes, or if you note an error upon review of your information that Psymark has on file, please contact us at support@psymark.ai. We will respond to your verified request within 45 calendar days of receipt.
Retention and Deletion of Your Personal Information
Psymark will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. For information associated with your account, we generally retain it until you delete your account or otherwise request deletion of your data through the Software; we reserve the right to delete this information after a period of five (5) years of inactivity, except where required by applicable law. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Information to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
Psymark will also retain Usage Data for internal analysis purposes. "Usage Data" is data collected automatically either generated by the use of the Software or from the Software infrastructure itself (for example, the duration of a page visit). Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Software or we are legally obligated to retain this data for longer periods.
For Software account holders, Psymark will store the information you provide, including the information about examinees and the results of their tests, until you delete your account or otherwise request deletion of your data through the Software, unless a longer retention period is required by applicable law. Psymark reserves the right to delete this information after a period of five (5) years of inactivity. You remain able to delete your account and all associated data at any time from within the Software; PROVIDED THAT IN NO EVENT SHALL PSYMARK HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE EXAMINEE DATA (OR THE LOSS THEREOF) TO THE EXTENT CAUSED BY YOUR ACTIONS OR OMISSIONS, OR FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM YOUR USE OF THE SOFTWARE OR YOUR FAILURE TO MAINTAIN BACKUPS, EXCEPT TO THE EXTENT CAUSED BY PSYMARK'S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. You are encouraged and are responsible to make copies or backups of any information that you input into the Software, including to comply with any licensing or regulatory requirements related to your administration of the test or any professional duty to maintain the records related to your examinee.
When you delete your account, Psymark will delete the personally identifiable information you have provided, except as required or permitted by applicable law, and shall have the right to continue to utilize the information you provided on an aggregated, anonymized basis only as described in the section "HOW WE SHARE YOUR PERSONAL INFORMATION" regarding aggregated and anonymized data.
| If you: | We Collect Your Personal Information: | We Keep It: |
|---|---|---|
| Visit our website | Automatically collected data, such as: IP address; device and browser information; statistics about your general location and your online browsing and search history based on tracking technologies | Retained in our analytics tools for the period we configure and for the lifespan of the relevant cookies; not associated with your account |
| Chat with us | Content of your chats with us | Until no longer needed for the purpose collected, or until you request deletion |
| Call us or leave a message | Audio or electronic information, such as recordings of calls or messages, where applicable; content of our interactions with you | For a limited period for training and quality assurance, where applicable |
| Sign up to receive information or otherwise a prospective customer | Name; contact information; your interests in services and events; content of our interactions with you | Until you unsubscribe or request deletion |
You have the right to request that Psymark delete Personal Information collected by the Software. Upon receipt of such request, Psymark will delete your Personal Information collected as of the date of such request, except when necessary to: (i) complete the transaction for which the Personal Information was provided or perform a contract with you; (ii) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity and prosecute those responsible; (iii) debug to identify and repair errors that impair existing intended functionality; (iv) exercise free speech (of business or another consumer) or other rights; (v) comply with the California Electronic Communications Privacy Act; (vi) engage in public or peer reviewed research in the public interest; (vii) enable internal uses reasonably aligned with the expectations of the consumer based on their relationship with the business; (viii) comply with a legal obligation; and (ix) use your Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.
You can delete your account and all data associated with it at any time from within the Software. You may also submit a deletion request to us directly. To submit a request to delete your Personal Information, you must provide sufficient information to allow us to verify your identity, including at minimum your full name and email address. We will use this information solely for the purpose of verifying your identity and processing your deletion request. We will respond to your verified request within 45 calendar days of receipt, unless we need an additional 45 calendar days to respond, in which case we will notify you of the extension within the first 45-day period and provide an explanation for the delay. Notwithstanding the above, we will respond within a different period of time if your jurisdiction requires the same. You may call or e-mail us with your request at the contact information below.
Email Address: support@psymark.ai
If your deletion request is subject to any exception under applicable law, we will direct our service providers, contractors, and third parties to whom we have disclosed your Personal Information to delete such information from their records, except where retention is necessary or permitted under applicable law. For California residents, we will notify third parties to whom we have sold or shared your personal information to delete such information unless this proves impossible or involves disproportionate effort.
Please note that if Psymark deletes your Personal Information, you may not be able to use certain Psymark functions that require your Personal Information, and services that require your Personal Information may be disrupted.
Right to Opt-Out
Because we do not sell your Personal Information and do not share it for cross-context behavioral advertising, there is no sale or sharing of your Personal Information for you to opt out of. You can still manage analytics and other non-essential cookies at any time through our "Manage cookies" banner, and you can delete your account and all data associated with it at any time from within the Software. You may opt out of marketing emails by following the unsubscribe instructions at the bottom of the email; you may continue to receive service-related and other non-marketing emails. If you receive marketing text messages from us, you may opt out of receiving further marketing text messages by replying STOP to any such message.
Right to Know
You have the right to receive information from us regarding the specific Personal Information we have collected, categories of Personal Information we have collected, the sources from which we have collected personal information, the purposes for which we have collected and shared personal information, the categories of any personal information we sold as well as the categories of third parties to whom such personal information was sold, if any, and the categories of personal information that we disclosed for a business purpose in the twelve (12) months preceding your "right to know" request. In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Data Portability
You have the right to receive a copy of your electronic Personal Information in a portable and, to the extent technically feasible, readily useable format that allows you to transmit this information to another entity without hindrance, delivered within forty-five (45) days of your request.
Right to Non-Discrimination
You have the right to not receive discriminatory treatment if and when you exercise your rights under the CCPA. However, we may offer you certain financial incentives permitted by the CCPA and CPRA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Cookies
Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser's settings. For more details, see the information under "Click-Stream Data, Cookie Technology, Clear GIFs, and Usage Data" above. You may also deny the acceptance of non-essential cookies by selecting the corresponding options in our "Manage cookies" banner. Please note that website browsing data collected through cookies and analytics is not associated with your account or identity; deleting your account removes the information associated with your account, while website cookie data is managed through your browser settings and our "Manage cookies" banner.
Advertising Choices
We do not engage in cross-context behavioral advertising or serve you interest-based advertisements that track you across other websites. For more information about our advertising practices and your cookie choices, see "Interest-Based Advertising and Marketing" above.
Do Not Track
Some Internet browsers may be configured to send "Do Not Track" ("DNT") signals to the online services that you visit. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals. We do, however, honor opt-out preference signals such as the Global Privacy Control, as described in the next section. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice. To find out more about "Do Not Track," please visit www.allaboutdnt.com.
Global Privacy Control
Some browsers and devices can send an opt-out preference signal, such as the Global Privacy Control ("GPC"), that communicates a user's choice to opt out of the sale or sharing of personal information. Because we do not sell or share Personal Information for cross-context behavioral advertising, there is no such activity for these signals to apply to. We nonetheless respect your cookie choices, which you can set and change at any time through our "Manage cookies" banner.
Choosing Not to Share Your Personal Information
If you do not provide information and/or Personal Information that we need to enable the Software and Psymark's services and functionality, we may not be able to provide you with the Software or certain features of the Software. However, we will not discriminate against you for exercising your rights under the CCPA/CPRA, including by denying goods or services, charging different prices or rates, or providing a different level or quality of goods or services, unless such difference is reasonably related to the value provided by your personal information or is otherwise permitted by law. We will tell you what information you must provide to utilize the Software when we request it.
PAYMENT INFORMATION
You agree to honor your payment obligations and acknowledge and agree that purchases are processed, and payments are stored by our independent third-party providers (such as the Apple App Store, Square, and Therapro) under their own terms and privacy policies. If there are additional terms and conditions for payments, such additional terms and conditions will need to be agreed to by you prior to completing your purchase. You may be subject to foreign transaction fees depending on your location.
Psymark does not have access to, process, or store any payment information, including credit card, debit card, or bank account information. Any purchase of the Software or related products is made through third-party providers, such as the Apple App Store, Square, and Therapro. These providers collect and process your order and payment information directly, under their own terms and privacy policies, and are responsible for the security of that information. For example, Square provides an online commerce platform used to offer and sell certain products; Square stores and processes payment information on its own secure systems, encrypted according to the requirements of the Payment Card Industry Data Security Standard (PCI DSS). For additional information, you can review Square's terms of service here. As service providers processing Personal Information on our behalf, Square is contractually obligated to maintain appropriate security measures and use your Personal Information only as directed by us and consistent with this Privacy Policy. Square's privacy policy applies to the information it collects. The Apple App Store processes purchases and subscriptions for the Psymark application under Apple's terms and privacy policy. Because these providers handle payments directly with you, we have no access to, and do not store, your full payment card details. We are not responsible for the independent products, services, or privacy practices of these third-party providers beyond our contractual arrangements with them. You may be subject to foreign transaction fees depending on your location, and you can typically access your purchase history through the applicable provider or your account settings with that provider.
TEXT MARKETING AND NOTIFICATIONS
We send marketing or promotional text messages only to individuals who have voluntarily provided a mobile number for marketing purposes and opted in to receive them. If you provide a mobile number for login or account-security purposes (for example, to receive verification or security codes), we use that number only for authentication and account-security messages, and not for marketing. By providing your prior express written consent to our text messaging program, you agree that we may send you automated marketing messages and offers relating to our own products and services. Text marketing messages will not exceed five (5) a month. You acknowledge that consent is not a condition of any purchase. If you wish to unsubscribe from marketing text messages, reply STOP to any marketing message sent from us, or use the unsubscribe link provided in any of our messages. You understand and agree that alternative opt-out methods, such as using words other than STOP, may not be processed as effectively, though we will make reasonable efforts to honor clear opt-out requests. Message and data rates may apply. For questions, text HELP to the number from which you received the messages, or contact Psymark at 2629 Foothill Blvd. #314, La Crescenta, CA 91214.
SECURITY
We take the safeguarding of your Personal Information seriously. We employ reasonable security measures to prevent or reduce the risk of unauthorized disclosure of your information. Personal Information transmitted to and from the Software is protected in transit using industry-standard encryption, such as Transport Layer Security (TLS). While we strive to protect the safety and security of your information, no security measures are perfect or impenetrable, and we cannot guarantee absolute security. To protect the confidentiality of your Personal Information, if you elect to register an account, you must keep your password confidential and not disclose it to any other person. Please advise us right away if you believe your Personal Information or other information has been compromised in any way.
THIRD PARTY SITES
The Software may contain links to web sites operated by third parties either on a free or fee-based basis. The fact that our Software contains links to third-party information and websites is not an endorsement or representation of our affiliation with that third party. By clicking on one of these links, you will leave the Software and will be subject to the terms and conditions and privacy policy of the linked website. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your Personal Information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as we do. If you visit a third-party website that is linked to our Software, you should consult that website's terms and conditions of use and privacy policy and contact them if you have any questions about their respective policies and practices, especially before providing any Personal Information or other information.
INTERNATIONAL DATA TRANSFERS
Any personally identifiable information you provide to Psymark in connection with this Software will be stored on Psymark's servers or those of its affiliates and/or authorized vendors and will be accessible by authorized employees, agents and contractors of Psymark and its affiliates and authorized vendors. Due to the global nature of the Software, personally identifiable information may be transmitted, stored or processed in a country other than the one in which you reside ("Resident Jurisdiction"), including primarily in the United States, the European Union and India. Reasonable contractual or other measures Psymark may take to protect your personally identifiable information while outside the Resident Jurisdiction are subject to applicable foreign legal requirements, for example, lawful requirements by governmental authorities or court order to disclose personally identifiable information to government authorities in the countries in which such data may be stored or processed. SUBJECT TO APPLICABLE LAW, IF YOU RESIDE IN THE EUROPEAN UNION, CANADA OR OTHER JURISDICTION WITH SIMILAR DATA TRANSFER REGULATIONS, PLEASE BE AWARE THAT YOUR PERSONALLY IDENTIFIABLE INFORMATION MAY BE TRANSFERRED AND STORED IN COUNTRIES OUTSIDE THE EU, CANADA, OR YOUR RESIDENT JURISDICTION, INCLUDING THE UNITED STATES, IN CONNECTION WITH THE TERMS OF USE AND THIS PRIVACY POLICY. SUCH TRANSFERS ARE MADE PURSUANT TO APPROPRIATE SAFEGUARDS, SUCH AS STANDARD CONTRACTUAL CLAUSES OR OTHER MECHANISMS RECOGNIZED UNDER APPLICABLE LAW. IF YOU DO NOT CONSENT TO SUCH TRANSFERS, PLEASE DO NOT PROVIDE US WITH ANY PERSONAL INFORMATION. YOUR PERSONAL INFORMATION SHALL ONLY BE USED IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY.
LIMITATION OF LIABILITY AND TERMS
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND THE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY REMEDIES, LIMITATIONS ON DAMAGES, AND DISPUTE RESOLUTION CONTAINED THEREIN).
MODIFYING YOUR INFORMATION
You may log in to your account at any time to modify the information you provided when you created it. For security purposes, the first and last name on an account cannot be changed through your account settings once it has been created, except as required by applicable law, including to honor a verified correction request under the CCPA/CPRA, or upon contacting Psymark customer support to request an update. You may unsubscribe from any emails using the link provided in any such email. If you request that your account be deleted, we may still maintain historical information about your account and any transactions in which you have participated to the extent permitted or required by applicable law.
YOUR RIGHTS
Psymark aims to take reasonable steps to allow you to correct, amend, or delete your Personal Information. You may also unsubscribe from any emails using the link provided in any such email. California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed Personal Information to any third parties for the third parties' direct marketing purposes. As stated in this Privacy Policy, Psymark does not disclose your Personal Information to third parties for those third parties' own direct marketing purposes without your consent. California customers who wish to request further information about our compliance with this law may contact us by email at support@psymark.ai with "Attention: CA Civil Code Section 1798.83 Inquiry" in the subject line. The request must include your current name, street address, city, state, and zip code and should confirm that you are a California resident. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
The rights set forth above also apply to job applicants, employees, and contractors, and when personal information is transmitted in business-to-business written or verbal communications or transactions relating to providing or receiving a product or service to or from another business, and the personal information concerns an employee, owner, director, officer, or contractor of that business.
You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
To contact us to exercise your rights under the CCPA/CPRA:
Reach us by email: support@psymark.ai
By phone: (888) 339-6112
CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will provide you with reasonable advance notice before the changes take effect, such as by updating the date of this Privacy Policy and posting it on the Psymark website and by notifying you via e-mail or another manner through the Software.
Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). For material changes, your continued use of the Software after the notice period described above indicates your acceptance of the terms of the modified Privacy Policy. For non-material changes, your continued use of the Software after posting indicates your acceptance of the modified Privacy Policy.
CONTACT US
If you have any questions about privacy issues or would like to comment on or have questions about this Privacy Policy, please contact us at:
Call: (888) 339-6112
Email: support@psymark.ai
Mail: Psymark, Inc., 2629 Foothill Blvd. #314, La Crescenta, CA 91214
