This Policy governs the use of the Test Builder Tool. By using the Test Builder Tool, users agree to comply with this Policy, the applicable agreement governing their use of Prevue’s services, and all applicable laws.
Acceptable Content
We encourage the use of the Test Builder Tool to create and administer professional, respectful, and work-related content.
Users must comply with all laws applicable in the jurisdictions in which they use the Test Builder Tool. Nothing in this Policy limits any obligations imposed under the laws governing this Agreement.
Users are solely responsible for ensuring that any test used for hiring, promotion, compensation, development, retention, succession planning, or any other employment-related purpose complies with applicable laws and regulations.
Prohibited Content
Users must not upload, post, create, distribute, or otherwise transmit any content that:
Discriminatory Content
Promotes discrimination, harassment, exclusion, adverse treatment, or is designed to directly or indirectly disadvantage or screen out individuals based on race, colour, ancestry, place of origin, ethnic origin, citizenship, nationality, religion, creed, sex, gender, gender identity, gender expression, sexual orientation, age, marital status, family status, disability, genetic characteristics, or any other characteristic protected under applicable law.
Prohibited Employment Questions
Directly or indirectly solicits information relating to protected characteristics or otherwise violates applicable employment, human rights, privacy, or anti-discrimination laws. Examples include, without limitation:
- Age or date of birth
- Race or ethnicity
- Religion or religious beliefs
- Sexual orientation
- Gender identity
- Marital or family status
- Pregnancy or family planning
- Disabilities or medical conditions
- Genetic information
- Citizenship or national origin (except where legally required)
- Criminal history where prohibited by law
Inflammatory or Hate Speech
Contains inflammatory, defamatory, threatening, abusive, harassing, hateful, or discriminatory content directed at individuals or groups.
Sexually Explicit Material
Includes explicit sexual content, nudity, sexual services, sexually suggestive imagery, or content that is sexual in nature.
Inappropriate Content
Contains material that is offensive, obscene, unlawful, excessively violent, graphic, disturbing, or otherwise objectionable.
Privacy Violations
Requests, collects, stores, or processes sensitive personal information unless expressly permitted by applicable law, necessary for a legitimate business purpose, and handled in accordance with all applicable privacy laws. Examples include:
- Social Insurance Numbers (SINs)
- Social Security Numbers (SSNs)
- Passport information
- Banking or financial account information
- Health or medical information
- Biometric information
- Government-issued identification numbers
Intellectual Property Violations
Infringes upon or misappropriates the intellectual property, proprietary rights, privacy rights, publicity rights, or other legal rights of any third party.
Unlawful Content
Violates any applicable law, regulation, court order, contractual obligation, or professional standard.
Intellectual Property
Users represent and warrant that they possess all necessary rights, licences, permissions, and authorizations to upload, create, use, distribute, and store any content submitted through the Test Builder Tool.
Users shall not upload content that infringes or misappropriates any copyright, trademark, trade secret, patent, privacy right, or other proprietary right of any third party.
AI-Generated Content
Where AI-generated content is used, the Client remains solely responsible for reviewing, validating, and ensuring that such content meets the standards set out in this Policy and complies with all applicable laws. Prevue does not review, validate, monitor, endorse, or warrant AI-generated content and accepts no responsibility or liability for its accuracy, completeness, fairness, legality, suitability, or fitness for any particular purpose.
No Legal or HR Advice
Nothing in the Test Builder Tool, including any AI-generated content, customer-created content, or materials made available through the Test Builder Tool, constitutes legal, human resources, employment, compliance, or other professional advice. Users are solely responsible for obtaining any legal or professional advice they consider necessary to ensure their use of the Test Builder Tool and any tests created or administered through it comply with applicable laws and are appropriate for their intended purpose.
Assessment and Employment Decision Disclaimer
Prevue makes no representations or warranties regarding the predictive validity, reliability, fairness, legal defensibility, scientific validity, or business effectiveness of customer-created or customer-modified tests.
Users are solely responsible for all hiring, promotion, compensation, development, disciplinary, termination, retention, succession planning, and other employment-related decisions made using information generated by or obtained through the Test Builder Tool.
Prevue does not make employment recommendations and shall not be responsible for any decisions made by users based on customer-created or customer-modified tests.
Enforcement and Consequences
Prevue reserves the right, but not the obligation, to review, investigate, suspend, disable, remove, restrict access to, or require modification of any test or content that may violate this Policy, applicable law, the rights of third parties, or Prevue policies.
Prevue may immediately disable or remove any test or content that, in its sole discretion, creates legal, regulatory, reputational, operational, or security risks for Prevue, its users, third parties or may expose Prevue to liability.
Prevue may take any such action with or without prior notice, and shall not be liable to any user or third party for any good-faith review, investigation, restriction, suspension, disabling, removal, or request for modification undertaken under this Policy.
In cases where content is found or deemed to be unlawful or otherwise egregious, Prevue reserves the right, at its discretion, to report such content and provide relevant information regarding the content and the user who uploaded it to law enforcement, regulatory authorities, courts, or other governmental authorities where required or permitted by law. This action may be taken to comply with legal obligations or to protect the rights, property, or safety of Prevue, its users, or others.
Users who repeatedly violate these content standards may face suspension or termination of their account.
Prevue may also take legal action against users who violate these standards or engage in unlawful activities.
Indemnification
Users agree to defend, indemnify, and hold harmless Prevue, its affiliates, officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, demands, actions, damages, liabilities, losses, fines, penalties, costs, and expenses, including reasonable legal fees, arising out of or relating to:
- Content uploaded or created through the Test Builder Tool;
- The use or administration of Test Builder;
- Any employment decision made using Test Builder;
- Any violation of this Policy; or
- Any violation of applicable law or the rights of a third party.
The foregoing obligations apply to the fullest extent permitted by applicable law. Prevue shall have the right to control the defence, selection of counsel, and settlement of any such claim, provided that no settlement imposing any admission, payment, or ongoing obligation on the user may be entered without the user’s consent, not to be unreasonably withheld or delayed. The user shall not be liable under this section to the extent a claim is finally determined to have resulted from Prevue’s gross negligence, wilful misconduct, or knowing violation of law.
Reporting and Feedback
If you encounter content within your account that you believe violates these standards, please notify [email protected] immediately.
Amendments
Prevue reserves the right to amend this Policy at any time. Users will be notified of material changes by email, through the platform, or by other reasonable electronic means, and such changes will take effect on the date specified in the notice, except where a longer period is required by applicable law. Continued use of the Test Builder Tool following any amendment constitutes acceptance of the revised Policy.