2. Personal Information We Collect and How We Use It.
We may ask you for personal information in order to provide the Services, and we may collect certain personal information from your computer each time you use the Services. “Personal information” means information that may identify you as an individual or allow online contact with you. “Personal information” includes, for example, your name, address, email address, telephone or mobile number, credit card and other payment information, and any Performance Information that is personally identifiable to you. Performance Information may not be personally identifiable to you to the extent your test administrator only identifies you to us using an identification code that is not linked to a specific individual.
We collect and use your personal information for a variety of business purposes, including to provide the Services that you request, to communicate with you about them, and to do all things necessary to administer our Services, and manage, protect and improve them.
For more information about how we collect and use Performance Information, which may be personally identifiable to you, see “Performance Information” and “Consent to Share Performance Information” below.
We do not sell your personal information to third parties to enable them to market to you. To understand what personal information we may share with third parties, see “Information We Share with Third Parties” below.
3. Performance Information.
When you access or use our test proctoring software, we collect information, including, but not limited to, information about the test or exam you take using our test proctoring software, the test questions you complete, your performance on the test, your progress toward full completion of the test, and metrics that suggest whether cheating may have occurred during the test session (“Performance Information”). This Performance Information may be collected through a variety of means including, for example, through the camera, microphone, mouse or keyboard on the computer you use to take the test and through our proprietary software.
4. Consent to Share Performance Information.
ProctorFree works with educational institutions, employers and other test administrators to provide test proctoring. These parties may arrange for your participation in test proctoring and purchase our Services on your behalf. By using our test proctoring software, you consent to our disclosing your Performance Information to your particular test administrator, which may include your school, district, state, employer, or another third party, as applicable. We may also use the Performance Information for our internal business purposes to improve our Services and develop new products. To the extent an educational institution (e.g., your college or university) collects and maintains Performance Information, that information may be considered an educational record under the Family Educational Rights and Privacy Act (“FERPA”). If so, you may have certain rights of access and confidentiality as to those educational records, if any, as a student of that institution. By accessing and using our Services, you consent to allow free exchange of Performance Information between ProctorFree and your educational institution. In addition, your educational institution may require us to share your Performance Information with others legally entitled to access your academic records, such as your state department of education.
5. Information We Receive From Third Parties.
6. Other Information We Collect.
Whenever you visit or interact with www.proctorfree.com or a social media page we offer, we, or our service providers, may use assorted technologies that automatically or passively collect information about how a website is accessed and used. We refer to this information as traffic data. Traffic data may include, but is not limited to, browser type, device type used to access the website (i.e., computer or mobile device), unique number assigned to identify such device, operating system, application version, click path taken through the website, website visited before or after our site, use of features or applications on the website, and other publicly available information. This information helps us improve our Services and websites. Traffic data is generally non-identifying, but if we associate it with you as an identifiable person, we will treat it as personal information.
Technologies we use on the Sites to collect traffic data, include but are not limited to: cookies (data files placed on your computer or other devices used to access a Site), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). We, or our vendors, may also place cookies or similar files on your computer or other devices used to access one of our websites for security purposes, to facilitate navigation and to personalize your experience while visiting the website. A pixel tag may tell your browser to get content from another server. If you set your browser to disable or opt out of receiving cookies, please be aware that some features and services on our websites may not work as intended.
7. Do Not Track Requests; Third-Party Tracking.
Unless your browser settings are configured to make your online activities and publicly available information about your online activities (such as traffic data described above under “Other Information We Collect”) invisible to usage analytics tools, we do not presently have the capability to omit you from our analytics to the extent your browser only sends us a “do not track” message and does not otherwise screen you from tracking without action on our part. While we, or vendors on our behalf, may track the websites you visited before and after our websites as part of the traffic data described above for our internal business purposes, we do not authorize other third parties (e.g., advertisers) to do so, but it is nonetheless possible that third parties may do so for their own purposes with respect to which we may have no knowledge or control.
8. Information We Share with Third Parties.
We share Performance Information as indicated above under “Consent to Share Performance Information.” We will abide by the instructions of your educational institution with respect to any FERPA-protected personal information in our possession (which may include some Performance Information).
We may use third party partners, affiliates and service providers to help operate www.proctorfree.com and social media pages we offer, deliver and improve our Services, and develop new products, and we may share information we have about you with such third parties for such purposes. These third parties are not authorized by us to use any of your personal information except as needed for such purposes.
We also may provide your personal information to vendors who provide services on our behalf in connection with any services or products you purchase from us, for example, to your credit card issuer, credit reporting and fraud checking agencies, as necessary, and to debt collection agencies if you fail to pay monies owed to us.
We reserve the right to transfer any information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business.
We reserve the right to disclose any information as needed if that information is requested by law enforcement agencies or if we are required to do so by applicable law.
9. Use of Public Areas, Social Media.
If you respond through a blog forum or other social sharing feature or public interactive area on www.proctorfree.com, you should be aware that any personal and other information you submit there can be read, collected, or used by other users of the website. We are not responsible for the information you choose to make public in such manner. You are encouraged to exercise caution when posting personal information about yourself in public areas.
If you no longer wish to receive our promotional communications, contact us by email at email@example.com to be removed from our lists. Be sure to include any contact information that you want removed. If you receive a newsletter or similar promotional email from us, you will be given the option to “unsubscribe” from receiving further emails from us. Your election not to receive promotional and marketing material will not preclude us from corresponding with you, by email or otherwise, regarding your existing or past business relationships with us (e.g., any purchase of our Services), or to respond to requests for information you pose to us, and will not preclude us from accessing and viewing your personal information in maintaining and improving our Services.
Our websites may link to third-party websites. We are not responsible for the privacy practices or content of such other sites. We encourage you to read the privacy statements of any third-party websites you visit.
If we learn that we have collected the personal information of a child without parent, guardian, awareness or consent we will take steps to delete the information as soon as possible. Children under the age of majority in any non-U.S. jurisdiction should not provide any personal information without their parent’s consent.
14. Notice to Non-U.S. Residents.
15. Your California Privacy Rights.
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, what types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, please contact us by email at firstname.lastname@example.org or mail at: ProctorFree, Inc., Attn: CA Privacy Request, 8936 Northpointe Executive Park Dr, Suite 140, Huntersville, NC 28078.
16. Contact Us.