TESTED PRIVACY POLICY

  1. PRIVACY POLICY
  2. COOKIE POLICY
  3. PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

PRIVACY POLICY

Effective Date: October 23, 2020



INTRODUCTION

Web Property #5, LLC, its affiliates and subsidiaries (“Whalerock”, “we” or “us”) values the privacy of our users and subscribers. We strive to be transparent about how we collect and use your information, to keep your information secure and to provide you with meaningful choices. This Privacy Policy (“Policy”) describes our privacy practices regarding the information we collect about you, including information we collect via the www.tested.com website (the “Site”). This Policy is meant to help you understand what information is collected by Whalerock, why we collect it and what we do with it.

This Policy does not apply to personal information collected through any third-party websites or apps, including websites you may access through the Site. Those websites and apps may have their own privacy policies, which we encourage you to read before providing any personal information on or through them. Certain offerings on our Site may have additional notices about the information practices and choices. Please read those additional privacy disclosures to understand how they may apply to you.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the Site. By using the Site, you agree to this Policy. This Policy may change from time to time. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

CHILDREN UNDER THE AGE OF 13

The Site is not intended for children under 13 years of age, and we do not knowingly collect or sell personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@tested.com.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

We may collect information from and about you when you interact with and use the Site. This information may include personal information, technical information, and usage information. We may combine these types of information together, and collectively refer to all of this information in this Privacy Policy as “Information”. Information may be collected as described below and through the use of cookies, web beacons, pixels, and other similar technologies by us or by other companies on our behalf. Below is the type of Information we may collect:

Information You Provide to Us.
  • when you register with or use this Site, provide contact information so that we may contact you to discuss our services or review any employment application, or subscribe to any service on the Site, we may ask you to provide personal information by which you may be identified, such as name, postal address, e-mail address, telephone number, or any other contact details.
  • when you use the Site to communicate with others or post, upload, display or store any content such as comments, photos, videos, emails, attachments, voice inputs, and other content generated by you (collectively, “User Contributions”) on public areas of the Site. Your User Contributions may be transmitted to others and we cannot control the actions of third parties with whom you may choose to share your User Contributions. We also cannot prevent further use of this Information once it is made public.
  • we may ask you to provide Information when you enter a contest or sweepstakes sponsored by us or respond to surveys that we may post and ask to complete on the Site.
  • when you communicate with us to report a problem with the Site, or any other general inquiries. We may keep records and copies of your correspondence (including e-mail addresses, phone numbers, and any other personal information you had provided).
  • when you sign up for any paid services or place any orders on the Site, we may keep details of transactions you carry out through the Site and of the fulfillment of any orders (note that you may be required to provide payment information before placing an order through the Site).
  • when you otherwise use the Site, such as for search queries, watch history, page views, viewing the content we make available, or installing any of our plug-ins.
Technical, usage, and analytical Information.

We may automatically collect certain technical and usage information when you use our Site, such as the type of device, browser, and operating system you are using, unique device identifier, IP address, device and browser settings, the webpages you visit, including information about how you interact with our online content and ads, our Site, and those of our third-party partners, and information that allows us to recognize and associate your activity across devices and Site. We may recognize your device to provide you with personalized experiences and advertising across the devices you use. See our COOKIE POLICY section for more information on how we may use these technologies to collect this information.

You may be able to access features of the Site through third party communities, forums, and social media sites, services, plug-ins, and applications (“Social Media Sites”). Your privacy settings on such Social Media Sites, as well as their respective privacy policies, will determine the personal and other information that may be shared with us, or received by us through social media tracking technologies, when you access the Site, and may be collected and used by these Social Media Sites. Where permitted by law, by providing this Information or otherwise interacting with our Site through Social Media Sites, you consent to our use of Information from the Social Media Site in accordance with this Privacy Policy.

Location Information.

We collect real-time information about your location, such as your country, when you provide it or via device information (such as an IP address), or your device’s location when you access the Site with your mobile device.

HOW WE USE YOUR INFORMATION

We use your Information for the purposes described in this Policy or disclosed at the time of collection or with your consent, including for the following purposes:

  • Provide or analyze your use of the Site and its contents, products, programs, and services.
  • Fulfill your requests and any other purpose for which you provide it, including communicating with you about your inquiries regarding purchases or transactions, our consulting and other services, or reviewing any information you provide in connection with any employment applications.
  • Give you notices about your account or subscription.
  • Send information about promotions, offerings, and Site features.
  • Notify you when you win one of our contests or sweepstakes.
  • Notify you when Site updates are available, and of changes to any products or services we offer or provide though it.
  • Provide, develop, maintain, personalize, protect, and improve your experience and our offerings on the Site.
  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Site according to your individual interests.
  • Speed up your searches.
  • Protect against, identify, and prevent fraud and other unlawful activity
  • Recognize you when you use the Site.
  • Offer, market, and advertise products, programs, and services from us and our affiliates, business partners, and select third parties that may be of interest to you. We may also use the information we collect to display advertisements to our advertisers’ target audience.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Detect, investigate, and prevent activities on our Site that may violate our terms, could be fraudulent, violate copyright, or other rules or that may be otherwise illegal, to comply with legal requirements, and to protect our rights and the rights and safety of our users and others.
HOW WE SHARE AND DISCLOSE YOUR INFORMATION

We may share and disclose aggregated and de-identified Information about our users without restriction. In addition, we may share and disclose your Information in the following ways or for any other purpose disclosed at the time of collection:

With Your Consent. We may disclose your Information when you provide us with your consent to do so.

Service Providers. Our contractors, service providers, content providers, and other third parties we use to support our business may have access to Information to help carry out the services they are performing for us, such as, including: creating, maintaining, hosting, and delivering of our Site, products, and services; conducting marketing, handling payments, email and order fulfillment; administering contests; conducting research and analytics; gathering information you provide in connection with your inquiries and employment applications; and customer service.

New Ownership. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which information held by us about our Site and users is among the assets transferred.

Linked Sites. The Site may contain links to other sites, including Social Media Sites. We may integrate social media application program interfaces or plug-ins (“Plug-ins”) from social networks, including Facebook, Twitter, Instagram, Tumblr, Pinterest and others, into our Site. Plug-ins may transfer information about you to the Plug-in’s respective platform without action by you. This information may include your platform user identification number, which website you are on, and more. Interacting with a Plug-in will transmit information directly to that Plug-in’s social network and that information may be visible by others on that platform. Plug-ins are controlled by the respective platform’s privacy policy, and not by our Policy.

Partners and Affiliates. We may disclose Information to affiliates, business partners, and third parties (e.g., retailers, advertisers, ad agencies, advertising networks and platforms, research organizations, and other companies) whose practices are not covered by this Privacy Policy, and that may provide, offer, improve, market, and otherwise communicate with you about their own products and services. To learn more about your choices, please see Your Choices below. We may also share certain Information with third parties to provide advertising to you based on your interests. For more information, please see Ad Choices below.

Sponsors and co-promotions. We sometimes offer content or programs (e.g., contests, sweepstakes, promotions, or Social Media Site integrations) that are sponsored by or co-branded with third parties. By virtue of these relationships, the third parties collect or obtain Information from or about you when you participate in the activity. We have no control over these third parties’ use of this Information. We encourage you to look at the privacy disclosure of any such third party to learn about their data practices before you participate in the activity.

Legal and Law Enforcement Purposes. We may disclose Information in response to legal process, for example in response to a court order or a subpoena, or in response to a law enforcement agency’s request. We may also disclose such Information to third parties: (i) for the purposes of fraud protection and credit risk reduction, (ii) where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, (iii) to enforce our rights arising from any contracts entered into between you and us, including the Terms of Use, this Policy, and for billing and collection, (iv) if we believe disclosure is necessary or appropriate to protect our rights, property, or safety or that of our customers, users, contractors or others, (v) as otherwise required by law.

YOUR CHOICES

Marketing Communications and Sharing with Third Parties. You may update your preferences with respect to receiving certain marketing communications from us, and our sharing of personal information with third parties. You may do so by contacting us at privacy@tested.com. You may also opt out of receiving email marketing communications, by following the “unsubscribe” instructions provided in every email you receive from us. You may not opt out of Site-related communications, such as account verification, purchase confirmations and administrative messages, so long as you are registered with the Site. You may also adjust your push notifications on your mobile device through your device or app settings.

Ad Choices. We may work with third parties to present advertisements, and engage in data collection, reporting, site analytics, ad delivery and response measurement on our Site and on third party websites and applications over time. These third parties may use cookies, web beacons, pixels, and other similar technology to perform this activity. They may also obtain information about websites you visit, applications you use, and other information from across your browsers and devices in order to present advertising that may be tailored to your interests on and off our Site and across other platforms. This type of advertising is known as interest-based advertising.

For more information about interest-based advertising on your desktop or mobile browser, and your ability to opt out of this type of advertising by third parties, please visit the Network Advertising Initiative and/or the DAA Self-Regulatory Program for Online Behavioral Advertising. To learn more about interest-based advertising in mobile apps and how to opt out of this type of advertising by third parties, you can visit AppChoices. Please note that any opt-out choices you may exercise through these programs will only apply to interest-based advertising by the third parties you select but will still allow for collection of data for other purposes, such as analytics, research, and operations. You may also continue to receive advertising, but that advertising may be less relevant to your interests.

California Residents. Users of our Site who are California residents should read our PRIVACY NOTICE FOR CALIFORNIA RESIDENTS to understand their additional privacy rights.

Cookies and Other Technologies. We, and our affiliates, third party service providers, and business partners may send “cookies” to your computer or use similar technologies to enhance your online experience at our Site and through our advertising and media across the Internet and mobile apps.

Cookies are small text files containing information which are downloaded to your device when you visit a website, including our Site. Cookies are then sent back to the originating web domain on your subsequent visits to that domain. Most web pages contain elements from multiple web domains so when you visit a website, your browser may receive cookies from several sources. Cookies are useful because they allow a website to recognize a user’s device. Cookies allow you to navigate websites efficiently, remember preferences and generally improve the user experience. They can also be used to tailor advertising to your interests through tracking your browsing across websites. Session cookies are deleted automatically when you close your browser and persistent cookies remain on your device after the browser is closed (e.g. remembering your user preferences when you return to the Site).

We may also use pixels or “web beacons” that monitor your use of our Site. Web beacons are small electronic files integrated into the Site or our communications (e.g. emails) that permit us, for example, to count users who have visited those pages or opened an email or for other related statistics. We may also integrate “Software Development Kits” (“SDKs”) into our applications to perform similar functions as cookies and web beacons. For example, SDKs may collect technical and usage information such as mobile device identifiers and your interactions with the Site and other mobile apps.

We may use cookies and other technologies to help recognize your browser or device, maintain your preferences, provide certain Site features, and collect Information about interactions with our Site, our content, and our communications.

We may also use cookies and other technologies (i) to provide, develop, maintain, personalize, protect, and improve our Site, products, programs, and services and to operate our business, (ii) to perform analytics, including to analyze and report on usage and performance of our Site and marketing materials, (iii) to protect against, identify, and prevent fraud and other unlawful activity, (iv) to create aggregate data about groups or categories of our users, (v) to synchronize users across devices, affiliates, business partners, and select third parties, and (vi) for us and our affiliates, business partners, and select third parties to target, offer, or market, products, programs, or services. Cookies and other technologies also facilitate and measure the performance of advertisements displayed on or delivered by or through us and/or other networks or sites. By visiting the Site, whether as a registered user or otherwise, you acknowledge, and agree that you are giving us your consent to track your activities and your use of the Site through the technologies described above, as well as similar technologies developed in the future, and that we may use such tracking technologies in the emails we send to you.

You may adjust your browser to reject cookies. Controlling cookies via browser controls may not limit our use of other technologies. Please consult your browser’s settings for more information. However, blocking cookies or similar technology might prevent you from accessing some of our content or features on the Site. We currently do not respond to Do Not Track signals.

Managing Cookies and Other Technologies.

Strictly Necessary Cookies
These cookies are essential in order to enable you to move around the Site and use its features. Without these cookies, services you have asked for (such as navigating between pages) cannot be provided. The following list sets out some examples of these types of cookies:

Cookie Source: Whalerockindustries.com

Purpose:

  • We use the data stored in this cookie for system administration, to improve security, and provide access to required functionality on the site

Further Information:

  • Session cookie (expires when browser is closed)
PERFORMANCE COOKIES

We make use of analytic cookies to analyze how our visitors use the Site and to monitor their performance. This allows us to provide a high-quality experience by customizing our offering and quickly identifying and fixing any issues that arise. For example, we may use performance cookies to keep track of which pages are most popular, which method of linking between pages is most effective, and to determine why some pages are receiving error messages. We may also use these cookies to highlight articles or Site’s services that we think will be of interest to you based on your usage of the Site. The information collected by these cookies is not associated with your personal information by us or by our contractors and is only used in aggregate and de-identified form. The following list sets out some examples of these types of cookies:

Cookie Source: Google Analytics

Purpose:

  • These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve our site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.

Further Information:

FUNCTIONALITY COOKIES

We make use of cookies to provide you with certain functionality. For example, viewing video content, live streams, or to remember choices you make and to provide enhanced and more personal features. These cookies are not used to track your browsing on other sites. The following list sets out some examples of these types of cookies:

Cookie Source: Google Ajax Search

Purpose:

  • This cookie provides with typehead feature available in bars across the Site. This provides keywords suggestions and helps refine search queries.

Further Information:

  • Session cookie (expires when browser is closed)
ADVERTISING COOKIES

Advertising cookies (or targeting cookies) collect information about the browsing habits associated with your device and are used to make advertising more relevant to you and your interests. These cookies also measure the effectiveness of advertising campaigns and track whether ads have been properly displayed. The following list sets out some examples of these types of cookies:

Cookie Source: DoubleClick

Purpose:

  • DoubleClick uses cookies to improve advertising. Some common applications are to target advertising based on what’s relevant to a user, to improve reporting on campaign performance, and to avoid showing ads the user has already seen.

Further Information:

Cookie Source: Facebook Pixel

Purpose:

  • We use the Facebook pixel as a means of better understanding our users, to customize content and advertising, to provide social media features and to analyze traffic to the site. The collected data remains anonymous. This means that we cannot see the personal information of any individual user. However, the collected data is saved and processed by Facebook.

Further Information:

Advertising Cookies may be used by social media sites that are linked from our Site, such as “Share” buttons or embedded audio/video players. These cookies also provide the requested functionality. Such social media sites put down advertising cookies both when you visit our Site and when you use their services and navigate away from our Site. The cookie practices of some of these social media sites are set out below:

ACCESSING, CORRECTING AND DELETING YOUR INFORMATION

To inquire about the personal information that we have collected about you or to request that we correct such personal information, you can send us an email to privacy@tested.com. You can request removal of your User Contributions by emailing privacy@tested.com with your request and specifying the particular User Contribution you seek to remove. We may not accommodate a request to change or delete any information if we believe such action would violate any law or legal requirement or cause the information to be incorrect. Removal of your User Contributions from the Site does not ensure complete or comprehensive removal of such User Contributions from the Site as copies may remain viewable in cached and archived pages or might have been copied or stored by other Site’s users.

UNITED STATES ONLY

The Site is intended only for visitors from the United States. If you are from outside the United States, you acknowledge that the Site is hosted in the United States and that your information will be processed in the United States, where data protection laws may not be as protective as in your home country. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.

DATA SECURITY

We have implemented reasonable technical and organizational measures designed to enhance the security of the Site. Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we take reasonable safeguards to protect your personal information, we cannot guarantee the security of your personal information. Any transmission of personal information via the Internet is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. You should not share your password with anyone.

CHANGES TO OUR POLICY

We may update our Policy from time to time. We will notify you about any material changes to this Privacy Policy by placing a notice on our Site. We encourage you to periodically check back and review this Policy so you are aware of any recent changes.

HOW TO CONTACT US

Privacy Concerns. If you have any concern or complaint about privacy on the Site, please contact us at Web Property #5, LLC., Attn: Legal Affairs, Pacific Design Center, Red Building West, 750 N. San Vicente Blvd., 9th Floor, West Hollywood, CA, 90069, U.S.A. or email us at privacy@tested.com. We will do our best to respond to you in a timely and professional manner in order to answer your questions and resolve your concerns.

© Web Property #5, LLC. All rights reserved. Tested and Tested.com are trademarks of Web Property #5, LLC

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Last Updated: October 23, 2020

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the Privacy Policy and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”), and provides information regarding consumers’ rights under the California Consumer Privacy Act of 2018 (“CCPA”) and certain other California privacy laws.  Any terms defined in the CCPA have the same meaning when used in this notice.

PERSONAL INFORMATION WE COLLECT

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we collect the following categories of personal information about consumers:

  • Identifiers (such as email address, telephone number or address)
  • Internet or other similar network activity (such as browsing history and search history, and interactions with our online and emailed content)
  • Commercial information (such as records of your transactions with us and your payment methods for those transactions)
  • Employment-related information (such as work experience, education, workplace skill sets and certifications, and any other information you submit when applying for a job) if you apply for a job
  • Geolocation data (such as the precise location of your device)

Personal information does not include publicly available information from government records, or de-identified or aggregated consumer information.

HOW WE USE PERSONAL INFORMATION

We use the above categories of personal information for the purposes described in the HOW WE USE YOUR INFORMATION section of this Policy and to verify your identity in relation to CCPA requests made hereunder.

SOURCES FROM WHICH WE COLLECT PERSONAL INFORMATION
  • We collect personal information directly from you, such as when you register on the Site, make a transaction, upload content, submit an application, or enter a contest or promotion
  • We collect personal information automatically from your devices through tracking tools when you use or interact with the Site, our ads and online content, and our emails.
  • We may collect personal information from publicly available databases. 
  • We get personal information from suppliers we hire to work on our behalf.
  • We may get personal information from business partners, such as joint marketing partners, advertising networks, and Social Media Sites.
HOW WE SHARE aND DISCLOSE PERSONAL INFORMATION

We may disclose the following categories of personal information for our own business purposes:

  • Identifiers
  • Internet or other similar network activity
  • Commercial information
  • Employment-related information
  • Geolocation data

We may disclose the above categories of personal information for our business purposes to the following categories of parties:

  • Our affiliates.
  • Service providers.
  • Other parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information according to our understanding of the CCPA definition of a “sale”, though we do share personal information with certain third parties as described above.

YOUR RIGHTS AND CHOICES

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months:

  • The specific pieces of personal information we collected about you (also called a data portability request).
  • 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 purpose for collecting or selling that personal information.
  • The categories of other parties with whom we share that personal information.
  • If we have sold or disclosed your personal information for a business purpose, separate lists disclosing:
    • Sales of your personal information (but only if applicable), identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions..

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, you or a person you authorize to act on your behalf may submit a consumer request to us by either:

You may only make a consumer request for access or data portability twice within a 12-month period.

Whether you submit a request directly on your own behalf, or through an authorized agent, we will take reasonable steps to verify your identity prior to responding to your requests under CCPA. In order for us to verify your identity, your consumer request must include your valid email address, telephone number, or physical address.

Authorized Agents

Under CCPA, an “authorized agent” is a natural person or a business entity registered with the Secretary of State to conduct business in California that a consumer has authorized to act on their behalf subject to the requirements. If you would like to designate an authorized agent to submit a data access, portability or deletion request on your behalf, please be advised of the following additional information that will be required:

  1. We require a written power of attorney, executed by you, confirming the authority of the authorized agent with respect to your CCPA request(s). After you initiate a request with us by phone at the number above, we will provide you with a form of power of attorney.
  2. Prior to responding to any request made on your behalf by an authorized agent, we may require you to provide written confirmation directly to us that you have provided the authorized agent permission to submit such request(s) on your behalf.

No Discrimination
We will not discriminate against you because you elect to exercise these rights, including by:

  • Denying goods or services to you.
  • Charging you different prices or rates for goods or services, including through 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.

None of the foregoing, however, prohibits us from charging you a different price or rate, or from providing a different level or quality of goods or services to you, if that difference is reasonably related to the value provided to us by your data.

CHANGES TO OUR PRIVACY NOTICE

We reserve the right to amend this California privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you through a notice on our website homepage or other means as required by law.