As provided below, ExamSoft complies with the EU-U.S. Privacy Shield and the U.S.-Swiss Safe Harbor Framework regarding the collection, use, and retention of personal information from European Union member countries and Switzerland.
ExamSoft also complies with U.S. laws, including the Family Educational Rights and Privacy Act (“FERPA”), where applicable, which provide privacy protections for personal information.
Collection of information
ExamSoft may collect, store, and use the following personal information:
- information that you provide to use for the purpose of registering with ExamSoft and/or subscribing to ExamSoft’s websites’ services and/or email notifications; and
- 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.
ExamSoft may also collect, store, and use non-personal data about your visits to and use of its websites, including information about your computer and your visits to its websites such as your IP address, geographical location, browser type, referral source, length of visit and number of page views.
Use of personal data
- process any inquiries submitted by you and other communications initiated by you in relation to your dealings with ExamSoft
- improve your browsing experience by personalizing the websites:
- when permitted by you, send you marketing communications;
- comply with statutory and regulatory requirements;
- in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; and
- to achieve the general objectives of ExamSoft.
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. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the websites’ features.
ExamSoft offers you the opportunity to choose (opt out) whether your personal information is to be disclosed to a third party 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.
Access to personal data
ExamSoft shall allow an individual access to his or her personal information and allow the individual to correct, amend or delete inaccurate information or information that has been processed in violation of the EU-U.S. Privacy Shield’s Principles, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated.
Security of your personal data
ExamSoft takes reasonable precautions to protect your personal information 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.
Links to other websites
Disclosure of your personal information
- to the extent required by law;
- in connection with any legal proceedings or prospective legal proceedings;
- in order to establish or exercise ExamSoft’s legal rights or defend against claims; and
- to third parties, such technical consultants working on ExamSoft technical projects; contractors hired to proctor certain exams; and marketing firms hired to work on ExamSoft’s website or other creative work (collectively, the “Third Parties”). Third Parties working on ExamSoft technical projects work on source code and do not have direct access to an individual’s personal information. And Third Parties hired for marketing purposes also do not have direct access to an individual’s personal information.
In those cases of onward transfer of your personal information by ExamSoft to Third Parties, ExamSoft will assume liability.
EU-U.S. Privacy Shield and U.S.-Swiss Safe Harbor
ExamSoft participates in the EU-U.S. Privacy Shield and complies with the EU-U.S. Privacy Shield Framework Principles issued by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from the European Union member countries. ExamSoft also complies with the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from Switzerland. To learn more about the EU-U.S. Privacy Shield Framework Principles issued by the U.S. Department of Commerce, the U.S.-Swiss Safe Harbor program, and to view the Privacy Shield List and the U.S.-Swiss Safe Harbor List , please visit www.privacyshield.gov; https://www.privacyshield.gov/list; https://build.export.gov/main/safeharbor/swiss/index.asp; and https://safeharbor.export.gov/swisslist.aspx.
Privacy Complaints by European Union and Swiss Citizens
Mail: Attn: General Counsel, ExamSoft Worldwide, Inc., 12001 North Central Expressway, Suite 1250, Dallas, Texas 75243 USA
ExamSoft has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles and U.S.-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the JAMS EU-U.S. Privacy Shield Program and the JAMS Safe Harbor Program. If a complaint is not resolved by other resource and enforcement mechanisms, then individuals may request binding arbitration. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by ExamSoft, please visit the JAMS web site at: https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.
Children’s Online Privacy
The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under thirteen (13) years of age. 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.
Effective Date: January 1, 2017