Last Updated October 30, 2023
Because our Services involve the use of test-taking software, we may also collect or receive the following additional Personal Data during registration or in the testing process, including, but not limited to the following: testing details such as language, date of birth, test sponsor's identification number, employment data, previous examination history, education data, educational institution, location, and source of financing for the test; assessment details, including test taker's ID number; credit card information; citizenry information, including residence and country of citizenship; test taker's photograph; government ID cards or other forms of ID; users' physical environments where a test is being taken; Biometric Identifiers or Biometric Information (both described in further detail below); and information about test proctors.
A "Biometric Identifier" means Personal Data resulting from specific and technical processes related to the gathering of information about the physical, physiological, or behavioral characteristics of a person, including but not limited to data resulting from a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.
"Biometric Information" means any information based on an individual's biometric identifier, regardless of how it is captured, converted, stored, or shared, that is used to identify an individual.
Specifically, and in compliance with the latest privacy protection laws related to biometric identifier and biometric information collection, you may be required when taking a test to separately review our retention schedule and guidelines for temporary storage, and permanent destruction, of certain of your Biometric Identifiers and Biometric Information.
Description of Online Proctoring Test Services
Proctor360's Services include online proctoring services. Online proctoring means that a user logs onto a testing platform through the Internet to take a test and the user is monitored during the entire testing session in real-time. Monitoring may include the user's face, voice, desk, and workspace being captured, and a recording being made for the purposes of test security and to maintain the integrity of the testing process.
As a test taker, it is your responsibility to monitor your testing environment. It is your responsibility to ensure that only you will be recorded during your testing session and that no one else is physically in the space where you are testing. You must also silence communication devices so that no one can communicate with you while you are testing. If at any time during an online proctored testing session another person enters the testing space or if another person's voice is detected on the audio recording, your testing session may be immediately terminated, and the test stopped. If this event occurs, you will not receive a test refund or be credited for any portion of the test fee.
Your Rights and Responsibilities
As the subject of the Personal Data being collected, you have the following rights and responsibilities related to your Personal Data:
At any time you have the right to:
- Request access to the information we collect or maintain about you;
- Ask us how to correct any inaccurate or incomplete information we have about you, or request that we make corrections on your behalf;
- Request us to delete your information from our records;
- Withdraw consents you have previously given, where our collection and use are based upon such consents; and
- Ask us to send a copy of your Personal Data to a third party in a data portable format.
Our Rights and Responsibilities
As the collector of Personal Data, we have the following rights and responsibilities related to your Personal Data:
- To inform you of the specific purpose and length of time which Biometric Identifiers/Biometric Information are being collected, stored, and used;
- To provide you with a data retention schedule and guidelines for how we permanently destroy Biometric Identifiers/ Biometric Information;
- To rely on the following legitimate business purposes to process your Personal Data:
- Consent. Where we ask you for your consent, we will collect and use your Personal Data only to the extent you have consented.
- Preventing Dishonesty or "Cheating". Where we collect and utilize your personal data such as photo IDs, government-issued IDs, and environmental scans, our sole purpose in doing so is to prevent instances of cheating during the proctoring of examinations. Additionally, we employ Artificial Intelligence ("AI") to generate alerts and detect possible incidents that may occur during the exam process.
- Other Legitimate Purposes. We may use your Personal Data for our legitimate business purposes related to improving our Services; for improving the content and functionality of the Services; and for the other legitimate purposes of ourselves and our test sponsors.
Information Collection and Use
For a better experience while using the Services, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address.
Personal Data Collected for Online Proctoring Test Services
Personal Data that we collect or receive may apply to test takers who register to take an online proctored test. Prior to the start of your online proctored test, you may be required to hold up your ID documentation, (for example your driver's license, passport or other approved ID that the test sponsor designates), to be recorded by us for the purposes of identification, registration, and prevention of dishonesty and cheating. You understand that the audio and video recordings of your testing session will be supplied to the relevant test sponsor and any of their appointed agents to assist with their management of your test.
We use browser extensions on browsers like Chrome, Firefox, Edge, and similar browsers which have the ability to track the browser actions of the user in some cases and enter information remotely in other cases.
Whenever you use our Services, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser version, pages of our website or components of our applications that you visit, the time and date of your visit, the time spent on those pages or components, and other statistics.
Cookies are files with small amounts of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the website that you visit and are stored on your computer's hard drive.
Our website uses these "cookies" to collect information and to improve our Services. You have the option to either accept or refuse these cookies, and to know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some or all portions of our Services.
Generally speaking, the usage of your personally identifiable information takes place solely in relation to the proctoring of an examination, and only to uphold academic integrity and impartiality, aligned with unique test delivery requisites of institutions and universities. None of the information is shared on social media platforms or used for marketing endeavors.
From time to time, we may engage with third-party companies and individuals for the following reasons:
Educational Institutions/Certifying Entities: We may disclose information, including video and audio recording of testing sessions, to educational institutions/certifying entities upon request. We do this so that educational institutions/certifying entities can verify that the test taker was the person taking the exam and that no exam protocols were violated.
Legal: In certain situations, Proctor360 may be required to disclose Personal Data in response to lawful requests by public authorities, including national security or law enforcement agencies. We may also disclose your personal information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
Business Transfers: Proctor360 may transfer information to a third party in the event of a bankruptcy, merger, acquisition, reorganization, or similar transaction. You will be notified via e-mail and/or a prominent notice on our Services of any change in ownership that affects the processing of your personal information, as well as any choices you may have regarding your personal information.
Other Sharing: We may also share your information when you provide us with consent to do so.
We value your trust in providing us your personal information, thus we strive to use commercially, and industry-leading means of protecting it, including data storage, protection, recovery, and encryption, etc. As such, Proctor360 will at all times protect your Personal Data with operational, administrative, technical, and physical security safeguards. However, please be advised that no method of transmission over the Internet, or method of electronic storage, is 100% secure or reliable, and we cannot guarantee the absolute security of your information.
International Data Transfers
When and if we transfer information from individuals in the European Union to countries that have not received an adequacy finding under Article 45 of the GDPR, we rely on alternative adequate safeguards, such as the contractual mechanisms set forth in Article 46 of the GDPR or derogations for specific situations set forth in Article 49 of the GDPR. In the limited situations where we act as a controller and rely on a cross-border transfer mechanism under Article 49, we only collect and transfer your information to non-U.S. countries: (i) with your consent; (ii) to perform a contract with you; or (iii) to establish, exercise, or defend legal claims.
Your California Privacy Rights
We maintain compliance with the California Consumer Privacy Act. California residents may view California-specific privacy laws here.
Your Texas Privacy Rights
We maintain compliance with the Texas Data Privacy and Security Act. Texas residents may view Texas-specific privacy laws here.
Your Illinois Privacy Rights
We maintain compliance with the Illinois Personal Information Protection Act. Illinois residents may view Illinois-specific privacy laws here.
Links to Other Sites
Our Services may contain links to other applications or websites. If you click on a third-party link, you will be directed to that website. Note that these external websites are not operated by us. Therefore, we strongly advise you to review the privacy policies of these websites. We have no control over, and assume no responsibility for the content, the privacy policies, or practices of, any third-party applications, websites, or services.