TERMS OF USE

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3.0 Personal Information

3.1 Types of Personal Information that may be used by Acuity
As further described in our Privacy Policy, by using this Site, you allow us to collect and use the following personal information, including and without limitation:

a) Registration Information

• your name
• date of birth
• address
• phone number
• government-issued identification
• application identifiers
• IP address
• Email address
• Location
• Token
• Username
• Any other information provided when registering an account

b) Assessment Data

• any audio recordings
• video and/or photo images
• written and video recorded responses
• assessment scores
• any Assessment results
• any rater or applicant support concerns
• any other information provided during the assessment process, voluntary or otherwise.

The term “Registration Information” is defined by the examples indicated at 3.1(a) and the term “Assessment Data is defined by the examples indicated at 3.1(b). “Personal Information” is defined as the combination of Registration Information and Assessment Data in whole or in part.

3.2 Acuity will use your Personal Information for the following reasons:

a) Account Information and Verification

• validate your identity:
  • Acuity may request access to your webcam and/or microphone during the account creation, registration, and test process to collect information to verify your identity and where applicable, proctor the Assessments. You hereby assert that such information is accurate and can be used to confirm your identity before, during and after the Assessments.
• determine your eligibility for Acuity’s online services
• determine your eligibility to take the Assessments
• verify your identification with any relevant centralized application service
• identify you properly to the colleges, universities or other educational facilities (or their designees or agents) which you have selected on the Site for Acuity to have your Admissions Assessments results sent to (collectively, the “Academic Programs”)
• communications regarding your account, test reservation and test results
• ensure that your Personal Information and Assessment Data is correctly shared with the selected Academic Programs
• manage the relationship between you, Acuity and the Academic Programs

b) Marketing and Promotions
c) Academic Research
d) Conduct User Research
e) Provide Products and Services to Customers [maybe “Associated Institutions”] f) Internal product development, research and quality assurance
g) Rating
h) Applications and Cookies in accordance with our Privacy Policy

4.0 How Acuity Discloses your Personal Information

By using this Site, paying for and taking the Assessments, you allow us to share your Personal Information, with:

a) individuals or organizations that perform services on behalf of Acuity, including persons involved in verifying the identity of users, those involved in scoring the Assessments, and those involved in maintaining, reviewing and developing Acuity’s systems, procedures and infrastructure (including testing and/or upgrading our computer systems); and

b) the Academic Programs

Acuity’s use and disclosure of your Personal Information and Assessment Data is limited to the purposes described in this policy and Acuity does not otherwise sell, trade, barter, exchange or disclose for consideration any such information.

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5.0 Use of Personal Information

You understand and agree that Acuity may compile information related to your use of the Site, including but not limited to your Assessment Data, and, either alone or in collaboration with third parties for academic research, product development research and marketing purposes.

5.1 Academic Research

Your data may be used for academic research by Acuity or with third party academic researchers. You agree to have your non-directly identifiable Personal Information and/or Assessment Data requested to be used by third-party academic researchers to conduct independent institutional ethically approved research. All academic research studies will be subject to external independent institutional ethical review and will adhere to the privacy and security measures approved by said ethical review boards. You further understand and agree that these activities may include combining your Personal Information with third party data, including but not limited to demographic data collected by Academic Programs. Your data will be transferred, secured, and de-identified in compliance with the independent institutional ethical review board.

5.2 Product Development Research and Marketing

Assessment and Personal Data data may be used for purposes of product development research, marketing or otherwise. You further understand and agree that these activities may include combining your Personal Information with third party data, including but not limited to demographic data collected by Academic Programs. If you agree to participate in any of our pilot studies or testing assessments, we may access your webcam and/or microphone, and capture audio and video information and data during your participation. You hereby agree that any data or information so captured may be used by Acuity for research and development purposes.

5.3 Dissemination

Any articles resulting from academic research, product development research, marketing or otherwise (e.g., marketing assets, research presentations) shall not be retraceable to you.

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6.0 Registration and Creating an Account

Acuity may issue to you a token to create an account, username (a “Username”) and password (a “Password”) to permit you to access Acuity’s online services, or any other portal access portion of the Site (each an “Account”). You are responsible for maintaining the confidentiality of the password you use in association with your Account and are responsible for all activities that occur under your Username and Password. You agree to notify Acuity immediately of any unauthorized use of your Username, Password or Account or any other breach of security. You further agree to log out and exit from your Account at the end of each session. Acuity will not be liable for any loss or damage arising from your failure to protect your Password or Account information.

Acuity reserves the right to store information on your computer in the form of a ”cookie” or similar file for purposes of modifying the Site to reflect your user preferences. The Acuity Privacy Policy provides additional information regarding Acuity’s use of cookies.

You are only permitted to have one Account. When you register an Account with the Site, you agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form, and (ii) to maintain and promptly update such information to ensure it remains true, accurate, current and complete. If Acuity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Acuity has the right to suspend or terminate your access to all or part of the Site, and refrain from sending your Assessment Data to the Academic Programs, without further liability to you.

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7.0 Taking the Assessment

Subject to approval of special accommodations (as set forth below), the person registering for the use of this Site must be one and the same as the person taking the Assessments; you may not allow anyone to take the Assessments in your stead, nor are you allowed to get assistance from a third party in taking the Assessments.

The Casper assessments must be completed at a pre-scheduled time, you can only reschedule a Casper assessment prior to having started the on-line examination process, so long as future applicable tests are available. Once you have started taking a Casper assessment or initiated a session, you cannot stop and complete at a later time. While completing the assessment you agree to refrain from submitting responses that contain information that could reasonably used to directly identify you such as you name, address, or student identification number. Casper assessments cannot be rescheduled from one admissions cycle to another.

If you have rescheduled your Casper assessment and have already completed Duet, you do not need to re-take Duet. If, however, you have not yet completed Duet, and it is required, your completion deadline will be moved to coincide with your rescheduled Casper assessment date. Please note, however, that your final deadline for taking Duet will be the same as the distribution deadline for the Academic Program to which you are applying, or the earliest distribution deadline of all Academic Programs, if you are applying to multiple programs.

Additional information about the Assessments and their format may be found at https://acuityinsights.app.

Your Assessment results and responses, where applicable, will be sent directly to the Academic Programs.

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8.0 Assessment Results

As further set forth in Section 16 below, details of the Assessments, including your results contain proprietary intellectual property of Acuity’s and neither Acuity nor the Academic Programs may share your results or Assessment Data with you directly. However, Acuity will share with you your quartile, giving you an indication of how you have performed on the typed section relative to other applicants taking the Assessment during the same admissions cycle.

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9.0 Fees and Payments

All Assessment fees paid to Acuity are non-refundable and only valid for the then-current admissions cycle.

Notwithstanding the foregoing, certain applicants may be eligible to receive a refund for health or compassionate reasons (e.g. death of a family member, emergency medical procedure, etc.). Under these circumstances, proper documentation from a qualified professional or institution is required. By way of clarification and example, the following do not constitute compassionate reasons and will not receive a refund:

• Change of mind or no longer having a need for Admissions Assessments;
• Incorrect program selection;
• Incorrect language, admissions cycle, or Assessment selection (e.g. unintentionally reserving Admissions Assessments e in English instead of French);
• Forgetting about a scheduled Assessment; and/or
• No longer being considered for admission by an Academic Program.
• Access to the Admissions Assessments is available at the price points advertised on the Site. Acuity reserves the right to change the pricing at any time.

For all web-based purchases, all payments must be made by means of a valid credit card. Acuity accepts major credit cards including, Visa and MasterCard. Please be sure to provide the exact e-mail address, telephone number and the billing address your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. If your credit card transaction is approved, and completed through our payment system, and is subsequently rejected by you or a financial institution involved in the payment process (a \”Chargeback\”), you will be charged a $50.00 Chargeback fee in the currency of your test booking to cover bank charges and associated administrative work.

Payments must be made in full before you can take the Assessment. Accounts with payable balances will prevent your results from being sent to Academic Programs you select. Furthermore, if any amounts are due on your account, you will not be allowed access to take any further Assessments until your account is brought up to date.

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10.0 Handling of Information

You understand and agree that both your Personal Information and your Assessment Data may be stored, handled or processed in Canada, the US or a third country, including without limitation in the country where you are located or where the Academic Programs to which you are applying are located, and such information may be transferred between any of the foregoing jurisdictions. Notwithstanding the foregoing, any such storage, handling, processing or transfer will be subject to and in compliance with all applicable laws.

Should you want your Assessment Data and/or Personal Information removed from Acuity’s systems, you may so request in writing. Upon receipt of your written request, Acuity shall, without undue delay, delete such Assessment Data and Personal Information, unless applicable law requires storage thereof. You understand that if your written request comes after your Assessment Data and/or Personal Information has been shared with Academic Programs, Acuity will have no control over the information already shared with such academic programs and you will have to contact them directly to have your Assessment Data and/or Personal Information deleted from their system.