Last updated: December 10, 2023.

This Privacy Policy describes how NextSpark Pty Ltd. (“NextSpark”, “We”, “Us” or “Our”) collects, uses, shares, stores and protects your personal information in connection with your use of the www.flexiquiz.com platform (the “Site”) and all the services offered by Us to create, share and analyze learning content (the “Service” or “FlexiQuiz”). This Privacy Policy also describes your choices as related to your personal data.

We use Your Personal data to provide and improve the Service. By accessing or using the Service and Site, you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree to the Terms, please do not access or use the Service or Site.

Definitions

We group consumers or businesses into the following categories.

Main Administrator: the owner of the main FlexiQuiz account (the “Customer”). They have full permission to create, configure, share, and analyze learning content, manage other users and groups associated with the account and to delete data. If the account is registered for a subscription plan, they are responsible for managing the billing.

Trainer and additional Administrator: the individual holds an account within FlexiQuiz that is linked to the Main Administrator. Depending on the permissions set on the account, they may be able to create and administer quizzes and responses.

Respondent: someone who responds to a lesson (such as a quiz) on behalf of a Main Administrator, additional Administrator or Trainer.

Visitor: someone just visiting the Site to explore our Services or they have heard about us in our sales and marketing channels.

While using our Service, We may ask you to provide Us with certain personally identifiable information that can be used to contact or identify you ("Personal Data").

What we collect data about:

Contact information

Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Address, State, Province, ZIP/Postal code, City
• Workplace

We may request your personal data to contact you with newsletters, marketing and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage data

We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Referral Information

If you arrive at Our Site from an external source (such as a link on another website or in an email) or have been invited to take a quiz as a guest, we record information about the source that referred you to us

Tracking Technologies and Cookies

We use first and third party Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookie Policy.

Integration data.

We collect information from third parties with whom FlexiQuiz enables integrations in order to allow you to use both services

FlexiQuiz may use your personal data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage your account: to manage your registration as a Main Administrator of the Service. The Personal Data you provide can give you access to different functionalities of the Service that are available to you if you have a registered account.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the Services you have purchased or of any other contract with Us through the Service.
• To contact you: To contact you by email, telephone calls, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To manage your requests: To attend and manage your requests to Us.
• For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, marketing and your experience.
• We do not sell Personal Information for marketing purposes: We do not sell your Personal Data for monetary consideration.

We may share your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to advertise on third party websites to you after you visited our Service, for payment processing, to contact you.
• With Affiliates: We may share your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy.
• With other users: When you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. For example, if you respond to a form (such as a quiz or registration) your data is shared with the account Administrators and Trainers (depending on permissions).
• With Your consent: We may disclose your personal information for any other purpose with your consent.

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. 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 Service, or We are legally obligated to retain this data for longer time periods.

As a Main Administrator you have the right to delete or request that We assist in deleting the Personal Data that We have collected about you. Our Service may give You the ability to delete certain information about you from within the Service. You may update, amend, or delete your information at any time by signing in to your Account, if you have one, and visiting the account settings section that allows you to manage your personal information. You may also contact Us to request access to, correct, or delete any personal information that you have provided to Us. Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

We also encourage account Administrators to actively review their data retention practices in their account and take care to only retain data as long as strictly necessary.

We may disclose your personal data in the following instances:

Service providers:

To help us deliver certain aspects of the Services we engage selected third-party companies (known as “Service Providers”). These third-party companies collect, store, use, process and transfer information about your activity on Our Service in accordance with their Privacy Policies. We may share information with Service Providers in the following circumstances:

• Payments. If you access our paid Services, we use Service Providers for payment processing (e.g. payment processors). We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
  • Stripe: Their Privacy Policy can be viewed at https://stripe.com/us/privacy
  • PayPal: Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
• Email notifications. To facilitate Main Administrators, Administrators and Trainers to send email notifications we use Sendgrid. We share the relevant email address for the person who will receive the email.
• Customer support and sales. To facilitate our customer support emails we use Freshdesk.
• Usage, performance and miscellaneous. Invisible reCAPTCHA. We use an invisible captcha service named reCAPTCHA. reCAPTCHA is operated by Google. The reCAPTCHA service may collect information from you and from your Device for security purposes.
• Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

Legal compliance:

Under certain circumstances, We may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

We may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of NextSpark
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the Security and personal safety of Users of the Service or the public
• Protect against legal liability

Other FlexiQuiz users:

If you are an additional Administrator, Trainer or Respondent, your account information and data will be shared with the Main Administrator and may also be shared with additional Administrators and Trainers who are assigned user permissions. Your Main Administrator can change your password, view all your content, delete content, suspend, transfer or terminate your account.

We and our authorized Service Providers maintain, store and process personal data in the United States, Australia and United Kingdom.

Your information, including Personal Data, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you choose to provide information to us, please note that we transfer the data, including Personal Data, to the AWS servers in the United States and process it there. As an Australian company, for support purposes, we may also access and transfer your data to Australia and the United Kingdom.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

The security of your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

Our Service does not address anyone under the age of 16 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact Us. If we become aware that We have collected Personal Data from children without verification of parental consent, we will take steps to remove the information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Certain data protection laws and regulations, such GDPR (EU and UK General Data Protection Regulation) or the CCPA (California Consumer Privacy Act), typically differentiate between two main roles for parties processing personal data: the “data controller” (or under the CCPA, “business”), who determines the purposes and means of the processing; and the “data processor” (or under the CCPA, “service provider”), who processes such data on behalf of the data controller (or business).

This is how the roles apply to our Services.

NextSpark Pty Ltd. is the “data controller” of the Main Administrator’s personal data.

NextSpark Pty Ltd. is the “data processor” of personal data that Respondents, Trainers and additional Administrators share. We process the data on behalf of the Main Administrator (who is the “data controller” of such data) in accordance with its instructions.

Where you access the Service or Site as an additional Administrator, Trainer or Respondent then the Main Administrator that made the Service available to you is responsible for the administration of the responses and accounts for which it has control. If this is the case, please direct your data privacy questions to your Main Administrator, as your use of the Services is subject to that person’s or organization’s policies. We act as a Data Processor and are not responsible for the privacy or security practices of a Main Administrator, which may be different than this Privacy Policy.

Main Administrations are able to:

1. Access information that you have provided, including registration details and quiz responses.
2. Access or retain information stored as part of your account.
3. Restrict, suspend or terminate your account access.
4. Change the email address associated with your account.
5. Change your information, including profile information.
6. Restrict your ability to edit, restrict, modify or delete information.
7. Create additional Administrators and Trainers and assign permissions for them to also perform these functions.
8. Delete all account data including Personal Information and quiz responses.

We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

Whenever made possible, you can update your Personal Data directly within your account settings section. If you are the Main Administrator and unable to change your Personal Data, please contact us to make the required changes.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the right:

• To access and receive a copy of the Personal Data we hold about you
• To rectify any Personal Data held about you that is inaccurate
• To request the deletion of Personal Data held about you

You have the right to data portability for the information you provide to NextSpark Pty Ltd. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

Please note that we may ask you to verify your identity before responding to such requests.

The GDPR draws a distinction between the “Data controller” and “Data processor”.

For the main Administrator of the FlexiQuiz account, NextSpark is the Data controller and you can exercise Your rights directly with Us. If you are a respondent or additional Administrator or Trainer you should contact the organization or person which shared the FlexiQuiz content or created your account.

Legal basis for processing personal data under GDPR

We may process Personal Data under the following conditions:

• Consent: You have given your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the perfor mance of an agreement with you and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

Your Rights under the GDPR

We undertake to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are residing within the EU, to:

• Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
• Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
• Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
• Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
• Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please 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 Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

CCPA and/or CPRA refers to the California Consumer Privacy Act (the "CCPA") as amended by the California Privacy Rights Act of 2020 (the "CPRA").

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.

If You are a resident of California, You have the following rights:

• The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
• The right to know/access. Under CCPA/CPRA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:
• The categories of personal information We collected about You
• The categories of sources for the personal information We collected about You
• Our business or commercial purposes for collecting or selling that personal information
• The categories of third parties with whom We share that personal information
• The specific pieces of personal information We collected about
• If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:
  • The categories of personal information categories sold
  • The categories of personal information categories disclosed
• The right to say no to the sale or sharing of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request, please see the "Do Not Sell My Personal Information" section or contact Us.
• The right to correct Personal Data. You have the right to correct or rectify any inaccurate personal information about You that We collected. Once We receive and confirm Your request, We will use commercially reasonable efforts to correct (and direct our Service Providers to correct) Your personal information, unless an exception applies.
• The right to limit use and disclosure of sensitive Personal Data. You have the right to request to limit the use or disclosure of certain sensitive personal information We collected about You, unless an exception applies. To submit, please see the "Limit the Use or Disclosure of My Sensitive Personal Information" section or contact Us.
• The right to delete Personal Data. You have the right to request the deletion of Your Personal Data under certain circumstances, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:
• Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if You previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer's rights, including by:
• Denying goods or services to You
• Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
• Providing a different level or quality of goods or services to You
• Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services

Exercising Your CCPA Rights

Please see the "Do Not Sell My Personal Information" section for more information on how to opt out and limit the use of sensitive information collected.

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.

Your request to Us must:

1. Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
2. Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it

We cannot respond to Your request or provide You with the required information if We cannot:

1. Confirm that the personal information relates to You
2. Verify Your identity or authority to make the request

We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures We provide will only cover the 12-month period preceding the verifiable request's receipt.

For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.

Do Not Sell My Personal Information

As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information by the Business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.

We do not sell personal information as the term sell is commonly understood. We do allow Service Providers to use Your personal information for the business purposes described in Our Privacy Policy, for activities such as advertising, marketing, and analytics, and these may be deemed a sale under CCPA.

You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.

"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a notice on our Service and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy or would like to exercise Your rights such as GDPR or CCPA, please contact us at privacy@flexiquiz.com or by using our contact us form.