Terms, Disclaimer & Privacy

Informational and educational use

The diagnostic tools, assessments, profiles, indexes, reports, recommendations, and related content offered by Evans Learning Labs are designed for informational, educational, and developmental purposes. They do not constitute legal advice, medical or psychological diagnosis, clinical evaluation, certified professional guidance, or a substitute for advice from a qualified professional.

Self-reported assessment information

Assessment outputs are based on the responses provided by the person completing the tool. They are intended to support reflection and discussion rather than establish an objective fact about an individual, team, or organization. Results may be influenced by context, interpretation, current circumstances, and the accuracy and completeness of the responses provided.

Developmental use and consequential decisions

Assessment results, profiles, and recommendations should not be used as the sole or primary basis for employment, educational, clinical, legal, or other consequential decisions. Organizations, institutions, instructors, managers, coaches, and individual users remain responsible for applying appropriate professional judgment and considering the surrounding context.

No guarantee of outcomes

Evans Learning Labs does not guarantee that use of any assessment, report, recommendation, article, course, or other resource will produce a specific individual, academic, organizational, leadership, or performance outcome. Recommendations are general developmental guidance and may not be appropriate for every user or situation.

Intellectual property and permitted use

Assessment content, questions, scoring frameworks, diagnostic models, report text, platform software, and related proprietary materials remain the property of Evans Learning Labs or the applicable rights holder. Users and licensees may use reports and outputs for their authorized personal, educational, coaching, or program purposes, but may not reproduce, resell, reverse engineer, scrape, sublicense, or redistribute proprietary assessment content except where Evans Learning Labs has expressly permitted it.

Account responsibility

Users are responsible for maintaining the confidentiality of their account credentials and for promptly reporting suspected unauthorized access. Institutional and organizational licensees are responsible for the credentials and authorized access assigned through their license.

Limitation of liability

To the fullest extent permitted by applicable law, Evans Learning Labs, its principals, employees, and affiliates are not liable for direct, indirect, incidental, consequential, special, or punitive damages arising from the use of, inability to use, or reliance on the Platform, its tools, reports, recommendations, or related content.

Governing law

These terms are governed by applicable United States law and the laws of the Commonwealth of Kentucky, without regard to conflict-of-law principles.

Information Evans Learning Labs collects

Evans Learning Labs collects information needed to create and maintain accounts, provide assessments and reports, administer licenses, support users, and operate the Platform. Depending on the service used, this may include:

• name, email address, account information, and profile information;
• assessment responses, assessment results, reports, and longitudinal attempt history;
• group, course, organization, institution, or license-association information;
• licensing-request, agreement, and support information; and
• technical records necessary to operate and secure the Platform, including IP-address records where they are used for licensing, agreement acceptance, security, or audit purposes.

Assessment results and reports

Individual assessment results and reports are private to the person who completed the assessment, subject to the authorized program access described below. Evans Learning Labs does not sell individual assessment data. Personally identifiable assessment or education-record data is used only to provide, administer, secure, support, and maintain the licensed service for the user and the sponsoring institution or organization. Product analysis or improvement using licensed educational data is performed only with information that has been aggregated or de-identified so that students are not personally identifiable.

Institutional and organizational access

When a user participates through an authorized institutional or organizational license, the applicable instructor, manager, coach, or administrator may receive access to aggregate information and, where the program configuration and license provide for it, individual results for authorized users enrolled under that license. Such access is limited to legitimate instructional, coaching, development, or program-management purposes. Evans Learning Labs uses role- and group-based controls intended to limit institutional access to the users and records associated with the applicable license, course, cohort, or group.

The specific visibility available to an institution or organization depends on the product, delivery method, group configuration, and applicable license. Evans Learning Labs does not treat a sponsoring institution or organization as the owner of an individual's entire personal assessment history; however, records created or maintained for an educational institution may be subject to that institution's rights and obligations under applicable education-record law and the governing license agreement.

FERPA and educational licenses

For United States educational licenses involving education records, Evans Learning Labs is intended to operate as a contractor performing an institutional service or function for the educational institution. To the extent the institution relies on the FERPA school-official exception, Evans Learning Labs:

• uses personally identifiable information from education records only to provide the services authorized by the institution and for no unrelated purpose;
• acts under the institution's direct control with respect to the use and maintenance of those records as stated in the applicable license agreement;
• limits access to authorized personnel and authorized institutional users with a legitimate educational interest;
• does not redisclose personally identifiable information from education records except as directed by the institution, with valid consent, or as otherwise permitted or required by law; and
• supports reasonable institutional requests to access, correct, export, return, or delete covered education-record data, subject to legal, security, backup, audit, and agreement-preservation requirements.

The educational institution remains responsible for determining that its use of the Platform is consistent with its FERPA annual notice, policies, consent practices, and other legal obligations. The Platform's FERPA-related commitments do not constitute a governmental certification.

Service providers and limited disclosures

Evans Learning Labs may use service providers that are necessary to host, secure, support, communicate through, and process payments for the Platform. Such providers receive only the information reasonably necessary to perform the contracted service and are required to handle it under confidentiality and data-protection obligations. Evans Learning Labs does not authorize service providers to use personally identifiable education-record data for advertising, independent profiling, sale, or unrelated commercial purposes.

Information may also be disclosed when required by law, to protect the security or legal rights of users or the Platform, or at the direction of the applicable user or sponsoring institution.

Licensing and contact information

Information submitted through an Evans Learning Labs licensing-request form is used to review and process that request. Licensing-request information is not shared with third parties or used for marketing without permission.

Electronic agreements and audit records

When a license agreement is accepted electronically, Evans Learning Labs may retain a record of the acceptance, including the signatory's identity, title, date and time of acceptance, and IP address, as evidence of execution and for administrative or audit purposes.

Data security and confidentiality

Evans Learning Labs maintains reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of user data. Non-public licensee and user information is treated as confidential and protected with at least reasonable care. If a security breach affects licensee data, Evans Learning Labs will provide notice in accordance with applicable law.

Retention and license expiration

Completed assessment reports remain associated with the individual's personal account in accordance with Evans Learning Labs' standard data-retention practices. When an institutional or organizational license expires or terminates, the sponsoring licensee's access to licensed tools and licensed institutional records ends. An individual's previously completed reports may remain available in that individual's personal account unless retention is limited by law, the applicable agreement, an institutional direction concerning covered education records, or a valid account request.

For covered educational records, Evans Learning Labs will follow a valid institutional instruction to return, export, restrict, or delete personally identifiable information that the institution controls, except for information that must be retained temporarily in protected backups, for security and fraud prevention, to document agreement acceptance, or to satisfy legal, accounting, or audit obligations. Data retained for one of these limited purposes will not be used for another purpose and will be deleted or de-identified when the applicable retention need ends.

Access, export, and deletion requests

Users may request a copy of the personal account and assessment data associated with their account, or request that Evans Learning Labs delete that data, subject to the retention, licensing, and legal limitations described in this Privacy Statement. Requests can be submitted through the contact page or, for signed-in users, through the Support function available in their account. Evans Learning Labs will confirm receipt of the request and respond within a reasonable timeframe.

A deletion request may be limited or delayed where the data is still needed to satisfy an active institutional or organizational license, comply with a legal, contractual, or audit-related retention obligation, or maintain the integrity of the electronic agreement and licensing records described above. Where a request cannot be completed in full, Evans Learning Labs will explain the limitation that applies.

User responsibilities

Users and licensees are responsible for protecting their credentials and for using information available through the Platform only for authorized purposes. Licensees should promptly notify Evans Learning Labs of suspected unauthorized access or security concerns.

Questions about privacy

Questions about this Privacy Statement, account information, assessment data, or Evans Learning Labs data practices may be submitted through the contact page. Signed-in users may also use the Support function available through their account.