The question of how the unique methodology and the business ethics of Optimax conform to provincial (Canada), individual state (U.S.), federal (Canada and U.S.), and European Union (General Data Protection Regulation) legal requirements established by various regulatory agencies and court decisions is occasionally of concern to our clients or prospects.
Within the requirements of the above mentioned legislation and court decisions, the use of scientific surveys and assessment instruments is permitted and encouraged. Generally, the legal requirements of these agencies indicate that all management tools used in the selection or advancement of employees must not discriminate against an applicant or employee based on race, religion, sex, age, national origin, or handicap. The analytical results provided by Optimax to its clients and business partners are not intended to be used as a basis for discrimination in any form. The results presented by us, due to their inherent objectivity, tend to eliminate discrimination, but ultimately it is the responsibility of every individual and organization using these results to ensure proper treatment of people and to implement any recommendations in a non-discriminatory fashion.
Optimax Profiling is not liable for the misuse of its analytical results, or any damages which may accrue from the application of survey questionnaires, analysis, reporting and presentation of the results. Optimax consistently makes every effort to maintain the highest possible standards of scientific accuracy and integrity when preparing its analyses. The reports prepared by Optimax, however, are provided on "as is" basis. Optimax gives no warranty, expressed or implied, as to suitability and accuracy of the assessment results and interpretations, mainly if they result from either misunderstanding of the test questions, or inaccurate, misleading, or otherwise invalid answers to the test questions. In no event will Optimax be liable for any damages, including without limitation damages for lost profits, lost savings, business interruption, personal losses, and any other damages resulting out of the use, distribution, interpretation or understanding of Optimax reports, even if Optimax has been advised of the possibility of such damages. It should also be noted that any individual has the right to refuse to participate in the surveys or assessments administered by Optimax or any of its business partners.
The surveys or analytical instruments in use by Optimax are uniformly and universally applied to both sexes, all racial and ethnic groups, all religious affiliations, all ages, and the disabled. Since it is the responsibility of every organization to ensure that any program is consistently applied to conform to the above requirements, Optimax recommends that the character profile analysis is applied to every employee of the organization, or to every candidate for a position, etc.
The Optimax methodology of character identification and assessment is objective by definition. The purpose of the Parametric Model of Character (PMP), which forms the underlying theoretical framework for our method, is to make scientific, context-free and objective identification of personal characteristics possible. This is also the main advantage of Optimax methodology over traditional, very subjective techniques currently in use. Our analytical results do not depend on a person's age, sex, race, ethnic background, handicap or religion. Optimax does not even obtain information about a client's race, ethnic background (other than the place of birth, purely for identification purposes), handicap or religion.
Under objectivity and non-discrimination requirements, date of birth information is collected on a Personal Questionnaire mostly for identification purposes (to allow us to distinguish two individuals of the same first and last name). Age, however, is one of the dynamic parameters, or characteristics, of character and is required for proper assessment. Character characteristics predictably change over time and can be related to a person's biological age for evaluation of relative, or dynamic profile. Optimax bases no recommendations solely on the age factor. However, age plays an indirect role in the assessment of character, allowing us to conclude relative development of character, such as emotional age. Optimax, however, by a conscious and deliberate decision, does not perform nor support any research or other activity that has person's age as a discriminating factor.
As far as person's sex is concerned, we collect the information exclusively to be able to use an appropriate personal pronoun in reports, in cases where name alone does not provide sufficient information. Optimax, by a conscious and deliberate decision, does not perform nor in any way support the performance of any research or activity that treats a person's gender as a discriminating factor. There are no reports or analyses describing, for instance, differences among characters, in the context of comparing 'typical' male and female ones, available from Optimax.
In cases where an assessment instrument is used as a tool for selection of employees or candidates for a job position, the survey or assessment instrument should be relevant to the success in a given position. Optimax is continuously developing a knowledge-base of ideal job behavior profiles that indicate what combination of competencies is best suited to a particular position. The job-related reports provided to the potential employers or employment agencies cover only the relevant portions of the entire character profile, thereby adhering to this requirement.
Optimax is engaged in an ongoing research and development activity, whereby our tools and methods are being scientifically validated. This, for example, includes the statistical validation of the character parameter measurements to ensure their compliance with the underlying model and minimization of measurement error. We are also actively seeking feedback from our clients and business partners as to the degree of accuracy of our results. All the responses so far have unanimously agreed that the accuracy of Optimax analyses is far above anything else and definitely beyond reproach. Report Distribution Policy The reports provided by Optimax may contain sensitive personal information and are always designated "Personal and Confidential". The reports are prepared strictly for the use of specific individuals and organizations known in advance with the explicit consent of the individuals subjected to analysis. Optimax is dedicated to maintaining the highest ethical standards of professional conduct and will not disclose the contents of its reports, in whole or in part, to any other party, unless specifically authorized by the subject of the report. However, Optimax reserves the right to use its reports in promotion, research, and any other activity it may deem appropriate, in a manner that makes it impossible to identify the actual subjects of these assessments.