Last Updated April 10, 2025
This Privacy Policy describes Proctor360 Inc.'s ("Proctor360," we," "us" and "our") policies and procedures for the collection, receipt, use, storage, sharing, transfer, disclosure and other processing of personal information through any and all of our services (collectively the "Services").
This Privacy Policy applies to all users. The information that we collect from users is used for providing and improving Proctor360's Services. We will not use or share your information with anyone except as described in this Privacy Policy.
The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which are accessible at https://proctor360.com/terms, unless the terms are otherwise defined in this Privacy Policy.
This Privacy Policy describes our data protection practices and the types of information that you provide to us, including Personally Identifiable Information (also "PII" or "Personal Data," as further defined herein). In addition, this Privacy Policy describes your rights and responsibilities; our rights and responsibilities; how we use the information we collect or receive; with whom we share the information; the measures we take to protect the security of Personal Data from loss, misuse and unauthorized access; and choices you can make about providing and restricting the provision of your Personal Data.
For purposes of this Privacy Policy, "Personal Data" is any information that can be used to identify you or that, when combined with other data or information, can be linked to you and includes, but is not limited to: personal contact details such as name, street address, e-mail address, phone number, fax number, credit/debit card information, government IDs, physical environment, affiliation and title.
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.
You agree that by visiting or using the Services in any way, you have authorized us to access your Personal Data, and you accept the practices described in this Privacy Policy along with any updates made to this Privacy Policy.
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.
This information is gathered using Proctor360's proprietary software, which is determined by some test proctors or test sponsors to be necessary or desirable for the purposes of confirming the identity of test takers. Although our general policies with regard to Biometric Identifiers and Biometric Information are included in this Privacy Policy, you may be further required to agree to any specific policies that apply to your use of our Services by providing us your release in writing when you take a test.
It is your responsibility to read this Privacy Policy and check for updates on a regular basis. You will be considered to be duly notified of any such changes by way of our updating the date of the "Last Updated" section at the top of this Privacy Policy. By continuing to use the Services after any such updates have been made, you are agreeing to be bound by any changes to the Privacy Policy.
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 update this Privacy Policy at any time without notice;
- 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:
- Performance of Contractual Obligations. We may need to collect and process your Personal Data as deemed necessary by us to perform services related to contractual agreements we have with you. Examples of our legitimate business purposes for processing your Personal Data include, but are not limited to: (i) when you make an online purchase in order for us to deliver the purchased product or service; and (ii) when you register and schedule to take a test sponsor's test on Proctor360's Services and you enter into an agreement by and between you, Proctor360 and the test sponsor for the purpose of permitting us to collect, use, transfer, process and store your Personal Data consistent with this Privacy Policy.
- 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.
Legal Bases for Processing
In most cases, Proctor360 serves as a data processor or service provider on behalf of an educational institution or certifying organization that acts as the data controller. In these situations, we handle personal data strictly based on documented, legally compliant instructions from the controller. In the few instances where Proctor360 functions as a data controller, we process personal information with your consent, when necessary to fulfill a contract, meet legal obligations, or pursue legitimate business interests—provided those interests do not override your rights and freedoms. These interests may include maintaining the security of our software and testing processes, protecting intellectual property (ours or that of our partners), enhancing our services, and ensuring compliance with relevant laws and our Terms of Service.
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.
Browser Action
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.
Log Data
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
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.
Sharing Data with Third-party Service Providers
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:
Analytics: Proctor360 uses software such as Google Analytics to help understand use of our Services. Google Analytics collects information sent by your browser as part of a web page request, including cookies and your IP address. Google also receives this information and their use of it is governed by their privacy policy.
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.
Service Providers: We may engage certain trusted third parties to help optimize and/or assist with our Services. We share your personal information with these third parties only to the extent necessary for them to perform the functions we have requested. These companies are authorized to use your personal information only as necessary to provide their services to us in a manner consistent with our Privacy Policy and our legal obligations.
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.
Data Retention
We retain information for as long as necessary to perform the Services described in this Policy, as long as necessary for us to perform any contract with you or your institution, or as long as needed to comply with our legal obligations.
Security
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
In most processing contexts, Proctor360 acts as a processor or service provider for an educational institution or certifying entity. In those situations, where required by applicable law, Proctor360 only transfers Personal Data to non-U.S. countries or international organizations where the educational institution or certifying entity has authorized Proctor360 to do so and only where we have taken appropriate steps to ensure your privacy rights continue to be protected in accordance with this Privacy Policy and all applicable laws.
GDPR and Personal Data Privacy Rights
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.
To the extent required by applicable law, we provide you with the ability to access, correct, export, delete, withdraw consent, object to the processing of, or restrict processing of your personal information, to be informed of the existence, use, and disclosure of your personal information, and to confirm whether we hold any personal information about you. These functions will either be available within our Services, or you can contact us to submit a request.
You may submit a request regarding GDPR consent, access, and deletion of data to Proctor360 using the following form:
https://support.proctor360.com/help/2342859582
We may need to obtain or confirm certain personal information in order to accommodate your request. We will not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Note that if your request relates to information associated with your exam, you must ultimately submit your request through your testing institution or certifying entity as we are not the controller of that information. We will respond to your request in accordance with applicable regulations and communicate with the Data Controller to notify them of your request whenever necessary.
If we process your personal information based on your consent, you have the right to withdraw or change that consent at any time. However, this will not impact any processing that took place before your consent was withdrawn or changed.
When you use the Services and provide information through the Services, Proctor360 may transfer your information to a destination outside your jurisdiction, including to the United States. Proctor360, including its U.S. subsidiaries, relies on its certification under the Data Privacy Framework (“DPF”), the safeguards set forth in Article 46 of the GDPR, or derogations for specific situations set forth in Article 49 of the GDPR (or other analogous data transfer mechanisms) in order to transfer personal information across international borders. To request a copy of the specific Article 46 agreement(s) governing the transfer of your personal information, please contact us using the following link: https://support.proctor360.com/help/2342859582
EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”):
Proctor360 (including all U.S. entities operating under the Proctor360 brand) complies with the EU-U.S. Data Privacy Framework (DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, as outlined by the U.S. Department of Commerce. We have certified our commitment to the DPF Principles for handling personal data received from the European Union under the EU-U.S. DPF, from the United Kingdom (including Gibraltar) under the UK Extension, and from Switzerland under the Swiss-U.S. DPF. If there is any discrepancy between this privacy policy and the DPF Principles, the Principles will take precedence. For more information about the Data Privacy Framework and to view our certification, visit https://www.dataprivacyframework.gov/.
DPF Internal Complaints Mechanism:
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Proctor360 commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU, UK, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact using this link: https://support.proctor360.com/help/2342859582
DPF Recourse Mechanisms:
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Proctor360 commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit the JAMs website at: https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS dispute resolution are provided at no cost to you.
Please note that, under certain conditions, you may invoke binding arbitration to determine whether we have violated our obligations under the DPF Principles as to you and whether any such violation remains fully or partially unremedied. For more information regarding the possibility, under certain conditions, to invoke binding arbitration for complaints regarding DPF compliance that have not been resolved via other DPF mechanisms, please visit: https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf.
DPF Investigation & Enforcement:
The Federal Trade Commission has jurisdiction over Proctor360’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.
Liability in Cases of Onward Transfers to Third Parties: Proctor360 has responsibility for the processing of personal data it receives under the DPF Principles and subsequently transfers to a third party acting as an agent on its behalf. Proctor360 shall remain liable under the DPF Principles if its agent processes such personal data in a manner inconsistent with the DPF Principles, unless Proctor360 proves that it is not responsible for the event giving rise to the damage.
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.
Children's Privacy
Our Services are not intended for use by children under the age of 13 and children between the ages of 13 and 18 may only use our Services with the permission of their parent or legal guardian, in compliance with the Family Educational Rights and Privacy Act ("FERPA") and the federal Children's Online Privacy Protection Act ("COPPA"). The parents or guardians of any user under age 18 are responsible for the user's compliance with all requirements of this Privacy Policy. We do not knowingly collect personal identifiable information from children under 13. In any instance where we discover that a child under 13 has provided us with personal information, we immediately delete the information from our servers. If you become aware that any child has provided us with personal information, please contact us immediately so that we may take the necessary actions.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the date of the latest update to our Privacy Policy on this page. These changes are effective immediately, after they are posted on this page.
Contact Us
If you have questions about this Privacy Policy, or if you want to inquire about enforcing your individual privacy rights, please contact us using the information below:
