PRIVACY POLICY

Française Politique de Confidentialite

سياسة الخصوصية باللغة العربية

Effective Date: June 21, 2021

ExamSoft Worldwide LLC. (“ExamSoft”) is firmly committed to protecting your privacy. This privacy policy sets out how ExamSoft uses and protects your personal data. ExamSoft collects personal data through the websites hosted on the domain stg-examsoft-staging.kinsta.cloud as well as through its web-based applications and locally-installed applications. The current privacy policy can be found at: https://stg-examsoft-staging.kinsta.cloud/privacy-policy.

ExamSoft also complies with U.S. laws, including the Family Educational Rights and Privacy Act (“FERPA”), where applicable, which provide privacy protections for personal data. ExamSoft is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Collection of information

ExamSoft may collect, store, and use the following personal data:

1. Information that you provide in the process of registering a user account with ExamSoft, subscribing to ExamSoft’s websites’ services and/or email notifications, or using ExamSoft’s software to take an exam.

More specifically, when you take an examination, you enter certain data into the ExamSoft software including your name, student or registrant identification number, phone number, email address, answers, and other assessment content.

1. Information that we collect automatically while administering examinations.

We automatically collect information relating to exam takers as part of our contractual obligation to administer examinations and ensure examination integrity, such information typically includes, but is not limited to: makes and models of computers used by exam takers, types and versions of software used by exam takers, security and software performance related information, and log files and software usage patterns, such as exam upload and download information.

In addition, if your institution has asked us to provide digital identity authentication and/or proctoring services for your exam, we will present you with a Notice and Consent for Collection of Biometric and other Personal Data (“Notice and Consent”). After acknowledgment of the Notice and Consent, we collect a scan of your face geometry, along with information based on that scan (“Biometric Information”). Each time you take an exam, we will prompt you to use your device camera to take your photo. The photo and associated Biometric Information are compared with your prior exam photos and associated Biometric Information to authenticate your identity.

For our proctoring services, we collect and use video and audio recordings of you while taking your exam. The recordings are automatically analyzed to compare your activity during the exam against parameters established for the examination. We use third-party service providers to help provide the photo and recording analysis services, but they have no other rights to access or use your Biometric Information, photos, recordings, or other personal data for other purposes.

We share all photos, scans, and recordings, as well as a list of potential anomalies, with the institution providing the exam so they may determine whether their requirements have been met.

We will retain your Biometric Information, photos, and the video and audio recordings for up to one year after your last interaction with the ExamSoft software with the Institution, or as otherwise required by law, after which we will delete the data. However, at any time the institution providing the exam may request that we delete your Biometric Information, photos, recordings, or other personal data, on your or on their behalf, and we will do so as permitted by law.

1. Information about any transactions carried out between you and ExamSoft on or in relation to ExamSoft’s websites, including information relating to any purchases you make of ExamSoft’s goods or services. We may also collect information from website visitors such as IP address, geographical location, operating system, browser type, referral source, length of visit, and number of page views. We use cookies to collect information, track website visitors, and personalize your online experience. For more information, please see the “Cookies” section below.

Access to System Files

Certain products in our solution require that prior to an assessment, each exam taker’s device must be secured.  Therefore, in order to secure the exam taker’s device, ExamSoft must access and, in some instances, modify device system files.  By using our products, you understand and consent to this action.

Data Controller

ExamSoft generally collects personal data on behalf of its customers for purposes of providing exam-related services to those customers. In such cases, the customer will be the “data controller” of the applicable personal data, and ExamSoft is the “data processor,” as those terms are used in applicable data and privacy laws. In its role as a data processor, ExamSoft only processes personal data in accordance with the applicable contract for purposes of providing its exam-related services to its customers.

For any personal data that it collects through its websites, ExamSoft is typically the data controller.

Use and sharing of personal data

Personal data submitted via these websites and applications will be used for the purposes specified in this privacy policy or in relevant parts of the website. In addition to the uses identified elsewhere in this privacy policy, ExamSoft may use your personal data for the following purposes:

1. to process any inquiries submitted by you and other communications initiated by you in relation to your dealings with ExamSoft;
2. to notify its users and customers of any issues affecting ExamSoft’s services and software, and the resolution thereof, including by email or text message;
3. to improve your browsing experience by personalizing the websites;
4. when permitted by you, to send you marketing communications;
5. to comply with statutory and regulatory requirements;
6. in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; and
7. to provide its exam-related services pursuant to its agreements with its users and its customers (e.g., educational institutions).

ExamSoft does not sell your personal data, and except for disclosures reasonably necessary for the purposes identified above and as set forth below, ExamSoft will not otherwise disclose your personal data with third parties. ExamSoft may disclose personal data:

1. with our customers for the purpose of exam administration;
2. with our marketing partners, where you have opted-in to sharing for marketing purposes;
3. to the extent required or permitted by law such as sharing with law enforcement where requested pursuant to an investigation;
4. in connection with any legal proceedings or prospective legal proceedings;
5. in order to establish or exercise ExamSoft’s legal rights or defend against claims, for example, as sharing may be necessary in order to assert a legal claim or defense, such as to enforce our Exam Taker End User License Agreement;
6. in connection with a sale, merger, acquisition, or other transaction affecting the associated business; and
7. to third party service providers, such as consultants helping us provide technical or customer support and contractors hired to proctor certain exams, but only to the extent such service providers require such personal data to provide such services to ExamSoft and its users and customers.

In those cases of onward transfer of your personal data by ExamSoft to third parties, ExamSoft will assume liability.

Use of cookies

ExamSoft may use technology to track the patterns of behavior of visitors to these websites. This can include using a “cookie,” a text file sent by a Web server to a Web browser, and stored by the browser for record keeping purposes. As a result, it is possible to speed up your future activities at these websites and allow ExamSoft to provide you with a personalized browsing experience.

You can choose to accept or decline cookies by modifying your browser settings to accept or reject cookies. If you choose to decline cookies, this may prevent you from taking full advantage of the websites’ features. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences or visit http://www.allaboutcookies.org for more information.

ExamSoft’s websites do not currently take any action in response to “do not track” signals submitted by some browsers.

Choices and Rights

In many cases, such as is noted above, you should contact the university or test administrator directly to exercise applicable privacy rights.  If you contact us directly, we may remove or update your information within a reasonable time and after providing notice to the controller of your request.

If our processing is based on your consent, you have the right to withdraw consent at any time.

In some cases, you may be able to object to the processing of our data or restrict its use, for example, if your data in wrongfully withheld or we no longer maintain a legal basis for processing the data.  You may be able to request that we delete or erase some of your data, such as when it is no longer needed for exam administration.

You may access your personal data and correct, amend or delete inaccurate information or information, except where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of persons other than the individual would be violated. To exercise this right, please contact us by e-mail or postal mail at the address set forth at the end of this privacy policy. In cases where we are not the data controller (such as when the personal data was collected on behalf of an educational institution as part of our exam-related services), we may be required to refer you or your request to the applicable data controller.

In many cases ExamSoft offers you the opportunity to choose (opt out) whether your personal data is to be disclosed to a third party (other than, for example, sharing to fulfill an applicable contract or to provide or improve our services) or is to be used for a purpose that is materially different than the purpose(s) for which it was originally collected or subsequently authorized by you.

To opt-out from receiving future email marketing or other promotional communications, please click the “unsubscribe” or “opt-out” link at the bottom of such emails, or contact us directly as set forth in the Contact Us section provided below.

California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing use. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year.

Security of your personal data

ExamSoft takes reasonable precautions to protect your personal data from loss, misuse and unauthorized access, disclosure, alteration, and destruction. No method of transmission over the Internet, or method of electronic storage is 100% secure, however.  Therefore, ExamSoft cannot guarantee its absolute security.

Legal bases for processing of personal data

ExamSoft processes personal data on the following legal bases: (i) performance of ExamSoft’s contractual obligations to which you are a party, and (ii) ExamSoft’s legitimate interest.  For those entities and individuals who are parties to ExamSoft’s software or services agreements or the Exam Taker License Agreement, ExamSoft’s performance of the terms of those underlying contracts is the legal basis for processing your personal data, and ExamSoft processes your personal data in accordance with and for the purposes set out in those agreements.

Links to other websites

These websites may contain links to other websites of interest. ExamSoft is not responsible for the protection and privacy of any information which you provide while visiting such websites and such websites are not governed by this privacy policy. ExamSoft does not control and cannot be responsible for such third-party websites’ content, operation, or privacy policies and other terms of service.

Changes to privacy policy

ExamSoft may occasionally update this privacy policy.  When it does, ExamSoft will also revise the Effective Date at the end of this policy. ExamSoft encourages you to periodically review this privacy policy to stay informed about ExamSoft’s collection, use, and disclosure of personal data. ExamSoft reserves the right, at its discretion, to change, modify, add, or remove portions of the privacy policy and the websites at any time.

Children’s Online Privacy

ExamSoft and these websites are not directed toward individuals under the age of 13, and ExamSoft requests that such individuals do not provide personally identifying information through ExamSoft websites.  Additionally, we do not knowingly collect or maintain any personally identifiable information from children under thirteen (13) through the websites. Please contact us as provided below in the Contact Information section if you believe we may have collected such information.

Contact Information

If you have any questions or comments about this privacy policy or the manner in which ExamSoft collects, stores, or uses your personal data, please write by email to privacy@examsoft.com or by postal mail to Attn: General Counsel, ExamSoft Worldwide LLC., 5001 LBJ Freeway, Suite 700, Dallas, TX 75244 USA.