Privacy Policy and Terms of Use

Privacy Policy

Character Lab is committed to protecting our users’ privacy. This Privacy Policy (the “Policy”) provides information about how we collect, store, use, and disclose personal information (“Information”). The Policy applies to the characterlab.org website (the “Site”) and the services available on the Site (“Services”).

Please read and make sure you understand this Policy. If you have any questions, feel free to contact us. We may modify this Policy in the future, so please check back regularly for updates.

Information Collected

The information we collect varies based upon the type of user you are.

(i) Teachers: In order to use the Service, you will need to register for an account. In order to register, we will collect your name, login name, and institution you are associated with, grade level, years of experience, along with your telephone number and email address.

(ii) Students: Students will not be asked to provide Information. Teachers will create accounts for students by providing their name. Students and teachers will both input information related to student character assessment tests and other Services-related functions.

In addition, we may automatically collect certain information from your use of the Site, such as usage data, preferences, or any other data that includes information concerning how you use the Site. In particular, we may collect the following types of information:

  • Your browser type, language, plug-ins, Internet domain and operating system;
  • Your Internet Protocol (IP) address;
  • The website(s) you visited before visiting the Site and the website(s) you visited after visiting the Site;
  • Unique identifiers, including mobile device identification numbers, that may identify the physical location of such devices;
  • Data collected through cookies and other tracking technologies; and
  • Data related to your interactions with content on the Site, such as the type of content viewed on the Site.

Protecting Children’s Information

If you are a student, please note that your parent can view request a copy of your character report, and any and all other information associated with you, on this Site, including without limitation messages between. If you are a parent, you may request a copy of your child’s character report (whether self-reported or reported by any and all other information associated with your child) on this Site by either submitting an email request to Character Lab at cgc@characterlab.org.

Use Of Collected Information

The reason we collect information is to enable us to provide the best experience possible, and tailor your experience in using the Site to your specific needs.

We may use third party vendors who supply applications, web hosting and other technologies for the Site that may have access to your Information. Those third parties will never use such Information for any other purpose except to provide services in connection with the Site.

Character Lab will not share or sell any of your Information to any third party except as otherwise stated in this Policy and in the following circumstances: (a) in response to subpoenas, court orders or legal process, to the extent permitted and as restricted by law; (b) when disclosure is required to maintain the security and integrity of the Site, or to protect any user’s security or the security of other persons, consistent with applicable laws; (c) when disclosure is directed or consented to by the user who has input the Information; (d) in the event that Character Lab goes through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of its assets, your Information will, in most instances, be part of the assets transferred; or (e) in limited circumstances, Character Lab may disclose your email address in order to comply with laws and regulations, including the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003).

Character Lab will use your Information specifically to: (i) analyze, operate and improve the Site and the services offered thereon; (ii) customize the content You see when you use the Site; (iii) enforce our Terms of Use; (iv) conduct market analysis, traffic flow analysis and related reporting to third parties; and (v) for any other purposes disclosed to you at the time we collect your Information.

Character Lab may post teacher/educator testimonials, in the form of written materials or videos, reflecting a teacher or educator’s individual experiences in using the Site. If a teacher or educator testimonials includes Information, Character Lab will obtain your consent prior to posting such testimonials on the Site.

Character Lab may enable certain features of the Site to allow you to interact with the Site through your accounts on certain third party online services, such as social networking sites (“Social Networking Features”). The Social Networking Features may be hosted by either Character Lab or the third party online service. Accordingly, your use of the Social Networking Features shall be governed by the privacy policy of the entity providing the Social networking Feature.

Security Of Information Collected

Your information and the information of individuals provided by you is protected by the login and password you create when registering to use the Site. Please understand that you can help prevent the unauthorized disclosure of Information by choosing and protecting your password appropriately. You can also help prevent unauthorized disclosure by preventing others from using your computer and/or password, and by completely signing off and closing your browser after you have completed accessing the Site.

Character Lab uses commercially reasonable procedures to protect the Information collected through the Site. Please understand that no security system is perfect and, as such, Character Lab does not guarantee the security of the Site, or that your Information won’t be intercepted while being transmitted to the Site. If Character Lab learns of a security systems breach, then it may either post a notice on the Site, or attempt to notify you by email and will take reasonable steps to remedy the breach.

Although the Site contains links to third party websites, Character Lab is not responsible for the privacy policies and/or practices on those third party websites. Where Character Lab has linked you to a third party website you should read the privacy policy stated on that third party website.

Termination

You may terminate your account at any time and request that your account be deleted by sending an email to privacy@characterlab.org.

Parents or legal guardians have the right to opt their child(ren) out of any services available on the Site, such as the CGC Application Service, by sending an email to cgc@characterlab.org with the subject line “TERMINATE”. Within 30 days of receiving a request by a parent to opt their child(ren) out of a Site service, Character Lab will remove that student’s name, character reports, any access rights to the Site and any other student-related information from the Site. Character Lab will also inform the student’s educator of the opt-out by the parent upon receiving the opt-out notice from the parent.

Please note that certain Information may remain in the possession of Character Lab after your account has been terminated. Character Lab reserves the right to use your Information in any aggregated data collection after you have terminated your Account, however Character Lab will ensure that the use of such Information will not identify you personally.

Terms of Use

Welcome to characterlab.org. These are the terms of use (“Terms”) that we, Character Lab, Inc. (“Character Lab”), make our Site and Service available under.

Please read these Terms carefully. These Terms define the terms and conditions under which you are permitted to use the Service and explain how we manage information and accounts. Feel free to contact us if you have any questions about our Terms. If you do not agree to any of these Terms, you may NOT use the Site or Service. We may post new or revised guidelines which are incorporated by reference into these Terms, so please check back from time to time for updates.

First, a few definitions:

The “Service” means (1) the website located at characterlab.org (the “Site”); (2) all information, materials, tools or applications made available on the Site, including for the assessment of character; (3) servers operated by or on behalf of Character Lab; and/or (4) any other technology and/or services that Character Lab provides on or through the Site.
When we say “you”, we mean you as an individual or a user or representative of an entity that is a user of the Service. When we say “we,” “us,” or “Character Lab” we are referring to Character Lab, Inc., the owner and operator of the Site and Service.

Limited License

Character Lab grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service subject to these Terms.

Eligibility

You must be at least 18 years old, an emancipated minor, or possess legal parental or guardian consent, and be fully able and competent to enter into and abide by these Terms to access the Service. If you are under 13 years of age, you may only access the Service with the express permission of your legal parent or guardian.

If you are accessing the Service on behalf of a business or other entity, you represent to Character Lab that you have the authority to bind that entity to these Terms. If you do not have such authority, you many not use the Service.

Use of Site Content

Character Lab owns or licenses the intellectual property rights in the Content. The “Content” includes HTML, text, images, graphics, music, audio, video, software and other content that is made available on or through the Service. Character Lab also owns the intellectual property rights in the HTML, text, images, graphics, music, audio, video, software and other downloadable content.

Except as described in the following three paragraphs, you may not redistribute or copy any part of the Service, Content, or Downloadable Content without our prior written approval.

Content: Character Lab authorizes you to display on your computer, download and print pages from the Site only if: (a) the Character Lab copyright notice appears on all such printouts in the same location and manner as displayed on the Site, (b) the pages and associated Content are not and will not be altered, (c) the Content is only used for personal, educational and non-commercial use, and (d) you do not redistribute any of the Content or copy the Content to any other media. Character Lab reserves all rights not expressly granted in and to the Service and Content.

Downloadable Content: Character Lab hereby grants you a non-exclusive, royalty-free, non-transferable, and non-sublicensable license to modify and create adaptations or derivative works of the Downloadable Content (“Derived Works”), and use, reproduce, distribute, and publicly display or perform the Derived Works solely for personal, educational and non-commercial use, subject to the following assignment. You hereby assign to Character Lab any and all of your right, title and interest in and to the Derived Works.

We encourage you to include the following notice with your use of the Derived Works:

This material is based on content originally created by Character Lab, Inc.

Rules for Use

  1. Your use of the Service is subject to local, state, national, and international laws. You agree not to violate such laws and regulations in using the Service.
  2. You may not restrict or inhibit other users from using or enjoying the Service. No hacking, spoofing or defacing any part of the Service. You acknowledge that any attempt to do so is a violation of criminal and civil laws.
  3. You may not harvest or collect information about the Site visitors without their express written consent.
  4. You may not reproduce or circumvent the navigational structure or presentation of the Content, or engage in any activity that could lead to the Service containing software or other materials that contain viruses or other disruptive components.

User Content and License

“User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service, or that other users upload or transmit. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by the Company in accordance with its Privacy Policy. You hereby grant Company a perpetual, irrevocable, worldwide, fully paid-up and royalty free license to copy and use your User Content as well as all modified and derivative works thereof for the purposes of providing Services to you and other users. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.

In compliance with the Digital Millennium Copyright Act (“DMCA”) the Company adheres to the following copyright policy:

To report any infringing content that resides on or is accessed via the Site or Services, please follow the below procedure by using the contact information at the bottom of this section, with the following:

  • Identification and location of the infringing material
  • Contact information of the reporting agent and or copyright holder, (including name, phone number, physical and electronic mailing addresses)
  • A statement of good faith belief that use of the material is not authorized by the copyright owner or the law.
  • A statement under penalty of perjury, that the information submitted is accurate.

Termination

We may terminate or suspend your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Service at any time, provided, however, that all provisions of these Terms, which by their nature should remain in effect, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnity

You will indemnify, defend, and hold Character Lab, its parents, partners, subsidiaries, affiliates, officers, and employees harmless from and against all damages, losses, liabilities, settlements, debts, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third party relating to or arising out of (1) your use or misuse of the Service, (2) your violation of these Terms, or (3) the alleged or actual infringement by you or any third party using your account of any intellectual property or privacy right of any person or entity.

Disclaimer

THE SERVICE, TOGETHER WITH ANY CONTENT, DATA, SOFTWARE AND OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY “MATERIALS”), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.

CHARACTER LAB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO THE CHARACTER LAB SERVICE OR ANY MATERIALS AVAILABLE ON OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CHARACTER LAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE CHARACTER LAB SERVICE AND MATERIALS AVAILABLE ON OR THROUGH THE SITE.

WITHOUT LIMITING THE FOREGOING, CHARACTER LAB MAKES NO WARRANTY THAT (i) THE CHARACTER LAB SERVICE OR MATERIALS OFFERED ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE CHARACTER LAB SERVICE OR MATERIALS OFFERED ON OR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CHARACTER LAB SERVICE OR MATERIALS WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM CHARACTER LAB OR THROUGH THE CHARACTER LAB SERVICE OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CHARACTER LAB SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR LOSS OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT YOUR USE OF THE CHARACTER LAB SERVICE OR THE MATERIALS AVAILABLE ON OR THROUGH THE SITE, EVEN IF IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR HAD KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CHARACTER LAB IN CONNECTION WITH THE SITE IS TO CEASE YOUR USE OF THE CHARACTER LAB SERVICE AND THE MATERIALS.

TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Miscellaneous

Assignment. You may not assign any of your rights or obligations under these Terms without Character Lab’s express prior written consent. Character Lab may assign its rights or assign or delegate any of its obligations under these Terms without restriction.

Waiver. No failure of Character Lab’s to exercise or enforce any of its rights under these Terms shall constitute a waiver of such rights.

Entire Agreement. These Terms make up the entire understanding between Character Lab and you and supersede any and all previous agreements or understandings. No amendments, modifications, or waivers shall be valid unless in writing.

Export and International Use. The Character Lab Service is controlled and offered by Character Lab from its facilities in the United States of America. Character Lab makes no representations that the Character Lab Service is appropriate or available for use in other locations. Those who access or use the Character Lab Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Good Faith. You agree to act in good faith with respect to each provision of these Terms and any related dispute that may arise.

Links to Third Party Websites or Services. As a convenience for its users, Character Lab may provide links on the Site to other websites owned by third parties. Unless otherwise stated, Character Lab does not endorse or control these third parties and takes no responsibility for them or their websites. Please refer to these third party websites for their terms and conditions and other policies.

Governing Law, Jurisdiction and Venue. These Terms shall be governed by and the laws of the State of New York, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York County of the State of New York for any claim or action arising out of or relating to these Terms or your use of the Character Lab Service. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CHARACTER LAB SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.

Headings. The section headings and subheadings contained in these Terms are included for convenience only, and shall not limit or otherwise affect the Terms.

Modification. Character Lab shall have the right to modify these Terms at any time, which modification shall be effective upon posting the new Terms on the Terms of Use page of the Site. We recommend that you check the Site regularly for any such changes. Your use of the Character Lab Service following such posting shall be deemed to constitute your acceptance of such modification. The Terms may not otherwise be changed or modified.

Notices. Any notices to Character Lab required to be given in writing under these Terms shall be delivered either by hand, overnight delivery service or First Class United States mail and shall be pre-paid and addressed as follows: Character Lab, Inc., 266 W. 37th St, 23rd floor New York, NY 10018.

Severability. If it turns out that a section of this Agreement is not legal or enforceable, that section will be removed or edited only as necessary, and the rest of the Terms will still be valid.

Survival. Any provisions which, by their nature, should remain in effect after termination (including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability), will remain in effect for as long as necessary to permit full compliance and will apply to each party’s respective successors and permitted assigns.

Questions

If you have any questions concerning this Policy or the Site, please contact Character Lab at privacy@characterlab.org.

Updated August 10, 2015.