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Terms of Business for Upgrade from OPPassessment to Elevate®

These Terms of Business govern the upgrade of customer accounts from the OPPassessment platform (“OPPassessment”) to the Elevate® platform (“Elevate”).

Effective: 10 October 2024

These Terms of Business for Upgrade to Elevate (“Terms”) relate to customers upgrading their online assessment accounts from OPPassessment to Elevate, and govern such customers of The Myers-Briggs Company Limited, a company registered in England and Wales (registered number 2218212) whose registered offices are at Sandringham House, First Floor, Heritage House, East Point Business Centre, Sandy Lane West, Oxford OX4 6LB, UK (The Myers-Briggs Company),  including the European branch offices and operations of The Myers-Briggs Company Limited (including The Myers-Briggs Company - France, The Myers-Briggs Company - Netherlands and The Myers-Briggs Company - Germany). These Terms are supplemental to and form a part of the Elevate Terms of Use. When we refer to “The Myers-Briggs Company”, “we”, “us” and “our”, we mean The Myers-Briggs Company Limited and our European branch offices, unless otherwise stated.

Any definitions used within these Terms which are not expressly defined within these Terms shall bear the meaning given to them in the Elevate Terms of Use.

If you have questions about any of these Terms or about upgrade of your account to Elevate, please contact The Myers-Briggs Company's Customer Support Team on +44 1865 404610 or +44 1865 404500.

Upgrade of your account to Elevate

1. Timing of upgrade to Elevate

1.1 Upgrade of your account from OPPassessment to Elevate will take place within a reasonable period of your notification to us that you wish to upgrade to Elevate, likely within six (6) weeks) (“Upgrade Date”). Until the OPPassessment Retirement Date (as set out in Section 1.3 below), your account on OPPassessment will remain active and your access to OPPassessment will continue.  With effect from the Upgrade Date, you may undertake future campaigns and activity on Elevate.

1.2 In order to ensure an efficient upgrade of your account to Elevate, we recommend any campaigns in progress on OPPassessment should be completed on OPPassessment prior to the Upgrade Date, so please let us know any key dates which might interfere with the date we agree with you for upgrade. Please review our FAQ and/ or speak to our Customer Support Team for advice on the timing of transitioning campaigns/ projects to Elevate.

1.3 OPPassessment will be retired within 2025 on a date to be notified to you (“OPPassessment Retirement Date”). If you have not agreed an Upgrade Date with us by the OPPassessment Retirement Date, we will automatically transfer your OPPassessment to Elevate, and thereafter your account on OPPassessment will no longer be active and your access to OPPassessment will cease.

2. Key features of upgrade to Elevate

2.1 After your Upgrade Date, you will be able to continue to access OPPassessment however after the OPPassessment Retirement Date, your access to OPPassessment will cease.  Please note the following key features of upgrade of your account from OPPassessment to Elevate:

2.1.1 Subscription: For EU/ UK customers, there is no subscription fee to use Elevate. Please see Section 3 for further information on subscription.

2.1.2 Inventory and Report Credits: All existing inventory and unused and unexpired Report Credits in your account on OPPassessment will be transferred to your Elevate account. Please see Section 4.2 for further information on Report Credits.

2.1.3 Transfer of Reports on OPPassessment: Your OPPassessment account will no longer be accessible after the OPPassessment Retirement Date. Before the OPPassessment Retirement Date, you should ensure any reports and other information and data on OPPassessment are transferred to your own systems as these will not be transferred to your Elevate account.  Please see Section 4.1 for further information on access to reports and aother information on OPPassessment.

2.1.4 Data processing on Elevate:  We are upgrading how Personal Information is retained on Elevate. Effective 19 October 2024, respondent Personal Information is held by us as determined by you, the customer, being the data controller. Retention periods are set by you via data retention settings within your Elevate account. If you do not set a retention period within your Elevate account, and provided you retain an active Elevate account, we will hold respondent Personal Information for a period of 20 years after completion of the applicable assessment(s).  Further information on how data is handled on Elevate is as set forth in our Privacy Policy.  For a summary  on retention of respondent Personal Information on Elevate, please see Section 5.

Please refer to the FAQs for detailed information on how the upgrade will take place and how your access to OPPassessment will be affected.

3. Subscription to Elevate

The following terms are a summary of Elevate Terms of Use as pertinent to the upgrade to Elevate. For full details please refer to the: Elevate Terms of Use:

3.1 Your annual subscription to Elevate will be effective by way of acceptance of the Elevate Terms of Use via the Elevate platform on an annual basis.

3.2 For UK and EU customers, you must subscribe to Elevate in respect of each Elevate account you create. There is no subscription fee for UK and EU users of Elevate and acceptance of the Elevate Terms of Use  will grant you access to Elevate for a one (1) year subscription period starting on your registration date, the Upgrade Date. The Elevate Terms of Use must be accepted in advance upon account creation (or renewal, as applicable). If you will be using multiple Elevate accounts, acceptance of the Elevate Terms of Use is required for each Elevate account.

3.3 At the end of each one (1) year subscription period, to continue using Elevate, you will be required to accept the Elevate Terms of Use at each renewal. Such acceptance will extend your access to Elevate for an additional one (1) year period, starting the day after the expiration of your prior subscription period.

3.4 You may cancel any Elevate subscription at any time by providing thirty (30) days’ written notice to the Company.

3.5 If your subscription and access to Elevate terminates or expires for any reason (including any subscription termination or expiry as set forth in the Elevate Terms of Use), then: 
(i) you will lose all access to Elevate and all data associated with your Elevate account (including, without limitation, your Respondents’ Personal Information, Reports, project data, any Respondent supporting materials, and any unredeemed inventory including Report Credits); 
(ii) you will immediately stop making use of the Company’s intellectual property unless you have a license that extends beyond the duration of your Elevate subscription; and 
(iii) you will not receive any refunds for any Report Credits that you have not used prior to such termination or expiration, nor for any Subscription Fees for any unused portion of your Elevate Subscription Period for US and ROW Users, if applicable.

4. Termination of access to OPPassessment

4.1 After the OPPassessment Retirement Date, access to your OPPassessment account will cease and your OPPassessment account will no longer be active. You should download all Reports, data and other information from your OPPassessment account, prior to the OPPassessment Retirement Date. If, subsequently, provided such is within the retention period for Respondent Personal Information on OPPassessment, as set forth in our Privacy Policy, you require any information from OPPassessment, including Reports, please contact our Customer Support Team  and we will seek to facilitate access.

4.2 All unused and unexpired Report Credits in your OPPassessment account will be transferred to your account on Elevate.  Report Credits shall have an unlimited duration of use, meaning that provided you have an active Elevate account, Report Credits shall remain valid on your account without expiry, in accordance with the Elevate Terms of Use.

5.Data Privacy

5.1 As set forth in further detail in the Elevate Terms of Use  and the Privacy Policy,  your use of Elevate involves several types of data, including (without limitation): your personal information, your Respondents’ personal information, your Respondents’ responses to Assessments (“Item Responses”), and your Respondents’ responses to optional research and demographic questions (“Demographic Data”) (together, “Respondent Personal Information”).

5.2 The following is a summary of how Company will store data associated with your Elevate account. Further detail should be referred to in the Elevate Terms of Use and the Privacy Policy:
- in respect of all data on Elevate except Respondent Personal Information, during your Subscription Period and any applicable renewal periods. If your Subscription Period terminates or expires, the Company will store your Elevate account data for ninety (90) days after such termination or expiration to allow you the opportunity to renew your subscription without losing access to your Elevate data. If you do not renew your Elevate subscription within that ninety (90) day period, the Company will remove or anonymize your Elevate account and its associated data and you will permanently lose access to that Elevate account and its associated data. Any business contact data and invoicing data required to be retained under relevant legislation shall be retained according to applicable laws . See Section 11 of our Privacy Policy for further details; and
- in respect of Respondent Personal Information, including Item Responses, Demographic Data and Reports, for a period determined by you, the customer, via data retention settings within your account on Elevate.  These settings range from eighteen (18) months to an indefinite period, and you are able to set and change your settings via the data retention settings within your Elevate account, whenever you wish (“Customer Retention Period”).  If you do not set a retention period within your Elevate account, we will hold Respondent Personal Information for a period from collection of each Respondent’s Personal Information until twenty (20) years after completion of such Respondent’s Assessment on Elevate (“Default Retention Period”), provided your Elevate account remains active, after which it will periodically be removed from Elevate or anonymized, in accordance with our Privacy Policy.  At expiry of the Customer Retention Period or the Default Retention Period, as applicable, the Company will remove or anonymize such Respondent Personal Information. See Section 11 of our Privacy Policy for further details. If your Subscription Period terminates or expires prior to the expiry of such Retention Period, the Company will store all Respondent Personal Information for ninety (90) days after such termination or expiration to allow you the opportunity to renew your subscription without losing access to the relevant Elevate data. If you do not renew your Elevate subscription within that ninety (90) day period, the Company will remove or anonymize such Respondent Personal Information (and any other Elevate account and its associated data as set out   above), and you will permanently lose access to your Elevate account and such Respondent data and Reports. See Section 11 of our Privacy Policy for further details.

5.3 Users can manage data retention, research and communication preferences using the pertinent functions on Elevate.

6. Governing law

6.1 These Terms are governed by English law and you agree you will only sue us in the courts of England. The place of performance of the contract will be England.

The Myers-Briggs Company Limited
Registered in England and Wales
Company Number 2218212.