Personal Data Protection Policy

1. Introduction

On this page, ProctorU’s Personal Data Protection Policy is stated simply and concisely in order to meet the demands of the latest EU personal data protection regulation (GDPR). We have updated and retained our General Terms of Service as well as our detailed Privacy Policy, and we have integrated the new requirements as set forth by the GDPR into these documents. In addition, we have added this Personal Data Protection Policy to explain our treatment of your Personal Data.

The policy regarding the collection and processing of Personal Data and the use of cookies (hereinafter the ”Policy”) describes how ProctorU, a Delaware Limited Liability Company, (hereinafter ”us”, ”we” or ”our”) acting in the capacity of either a data controller and a data processor collects and processes your Personal Data as a customer or potential customer when you use our services. When you use our services, you accept that this Policy is applicable to you.

2. Which Personal Data do we collect and for what purposes?

2.1. When you use our product, we collect and process information about you by the use of cookies. This information includes your browser type, your search terms in our product, your IP address and information about your computer type (hereinafter ”Cookie Data”). Cookie Data are generally used to improve our product, improve the conversion of users on our websites and perform targeted advertising.

2.2. When you use our Product, we will also collect and process Personal Data about you to be able to provide our services to you and the organizations with whom you are testing. This data is both collected by us and typed in by you and includes any combination of the following information (the “Personal Data”):

  • E-mail address
  • First name
  • Last name
  • Username
  • Password
  • Time zone
  • Mobile phone number
  • Home phone number
  • Work phone number
  • Address
  • Picture
  • IP address
  • Keystroke pattern
  • Copy of government-issued ID
  • Screen recordings
  • Webcam/voice recordings
  • IDology challenge questions

2.3. We ask you to not register and type in any sensitive information while using our services including in commentary fields, support chat or similar fields made available for free-text drafting. Sensitive information includes information about race, ethnic origin, religion or philosophical beliefs, sexual orientation, health (except in relation to specific ADA accommodations required), political preferences and workers’ union membership.

3. On what legal basis do we process your Personal Data?

3.1. Our processing of your Cookie Data is necessary for the purposes of our legitimate interests in improving the user experience and to provide our customers the best and most relevant offers and products.

3.2. Our processing of your Personal Data is necessary to perform the contract we have with you and the customer business you represent. Specifically, we utilize your Personal Data for the purposes of identity verification and the preservation of the integrity of institutional exam content and testing standards. We may also anonymize your data for training purposes and trend analysis.

4. Do we transfer your Personal Data to others?

4.1. We only transfer your Personal Data to third parties if permitted by the applicable legislation, and as is necessary to perform the contract we have with the institutions on whose behalf we provide our exam proctoring services.

4.2. We use external third-party businesses as suppliers to provide the best solution to you. These external suppliers are called data processors and they will, in some instances and to some extent, process your Personal Data in connection with the external suppliers’ provision of services to us. Our data processors only process your Personal Data in accordance with our instructions, the applicable legislation and the data processor agreement that we have entered into with them.

5. How long do we keep and store your Personal Data?

To ensure the preservation of exam integrity including the analysis of individual and collaborative cheating behaviors, we retain your Personal Data for a period of seven years. Thereafter, we make sure that we delete your Personal Data on an ongoing basis when it is no longer needed or relevant to pursue the purposes they are collected for. In addition, we keep copies of your Personal Data to the extent this is required by the applicable legislation, for example with respect to Personal Data included in bookkeeping records that has to be kept in copy for up to seven years.

6. What rights do you have as a data subject?

6.1. You have a number of rights under the GDPR. Your rights include the following:

(a) You have the right of access to the Personal Data processed about you along with the purposes of the processing and information on any transfer of your Personal Data to any third countries.

(b) You have the right of rectification of your Personal Data.

(c) In some instances, and under certain conditions, you have the right to have your Personal Data deleted before our deletion in accordance with the terms of paragraph 5.

(d) In some instances, and under certain conditions, you have the right to restriction of processing of your Personal Data.

(e) You have the right of data portability of some of your Personal Data.

(f) Under certain circumstances, you have the right to object to our processing of your Personal Data.

(g) If we ever process Personal Data about you based on your consent to do so you have the right, under certain circumstances, to withdraw such consent.

6.2. If you wish to enforce your rights and get our help in doing so, please contact us using the email address listed at the end of this Policy.

7. Changes to this Policy

Changes to this Policy may be necessary due to changes in the way we process Personal Data or changes in the regulatory environment. If we change this Policy, we will renew the date and version below. If we make any material changes, we will communicate this via our website, e-mail or other means.

8. Contact

Please do not hesitate to email if you have any questions related to our terms of service, our Privacy Policy, your rights as a data subject, or how the GDPR impacts ProctorU.

This policy was last updated on April 7, 2019.