This Privacy Policy governs your use of this web site, located at www.proctorfree.com and your use of any ProctorFree services, including use of any test proctoring software (collectively, “Services”), which are made available by ProctorFree, Inc. (“ProctorFree” or “we” or “us”). This Privacy Policy also applies to any social media pages offered by us through a third-party social sharing platform, which link to this Privacy Policy.

 

Your Consent to this Privacy Policy; Changes

Through your use or access of our Services or any of our websites that link to this Privacy Policy, you agree to be bound by the terms of this Privacy Policy, as they may be amended from time to time. As we update and expand our Services, this Privacy Policy may change, so check back to this page from time to time. We reserve the right to change or replace this Privacy Policy at our sole discretion at any time. If it materially changes, we will notify our users by posting a notice of changes in a separate section of this Privacy Policy.

 

Personal Information We Collect and How We Use It

We may ask you for information in order to provide the Services, and we may collect certain personal information from your computer each time you use the Services for the sole purpose of proctoring online assessments. “Personal information” means information that may identify you as an individual or allow online contact with you. “Personal information” includes, for example, your name, email address, and any Proctoring Results that is personally identifiable to you. Proctoring Results may not be personally identifiable to you to the extent your test administrator only identifies you to us using an identification code or institution email address.

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.

 

Proctoring Results

When you access or use our test proctoring software, information may be collected for the purpose of proctoring an online examination, 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 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.

 

Consent to Share Proctoring Results

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 proctoring results to your particular test administrator, which may include your school, district, state, employer, or another third party, as applicable. We may also use the proctoring 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 proctoring 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 proctoring information between ProctorFree and your educational institution. In addition, your educational institution may require us to share your proctoring information with others legally entitled to access your academic records, such as your state department of education.

 

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.

 

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.

 

Information We Share with Third Parties

We share Proctoring related information as indicated above under “Consent to Share Proctoring Results.” 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 Proctoring related information).

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.

If you request Services using a mobile device, your request will be transmitted via your mobile carrier’s network and your carrier may have access to it. Consult your carrier’s privacy policy for additional information

 

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.

You are responsible for using all public forums, including any of our websites accessed through a third-party social networking platform like Facebook or Twitter, in a manner consistent with the privacy policy and other terms and conditions applicable to such platform.

 

Security

We strive to protect your personal information from unauthorized access, loss, misuse or alteration by using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our control. Although guaranteed security does not exist on the Internet or offline, we make commercially reasonable efforts to handle such information consistent with this Privacy Policy and applicable laws.

 

Opt-Out

If you no longer wish to receive our communications, contact us by email at info@proctorfree.com to be removed from any 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.

 

Links

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.

 

Children

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 or legal guardian’s consent.

 

Notice to Non-U.S. Residents

ProctorFree is based in the United States. Personal information may be accessed or transferred to data centers based in the United States or to our service providers elsewhere in the world. If you are located outside of the United States, be advised that your information will be transferred to and used in the United States and that, by submitting personal information to us, you explicitly authorize its transfer to and use in the United States. We will protect the privacy and security of personal information according to this Privacy Policy regardless of where it is processed or stored.

 

Notice of Privacy Rights to California Residents

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. 

The California Consumer Privacy Act (the “CCPA” or “Act”) provides California residents with specific rights regarding their personal information. It should be noted that personal information under the Act does not include publicly available information from governmental records and de-identified or aggregated consumer information. This section describes your rights under the Act and explains how to exercise those rights.

 

Right to Personal Information

As required by the Act, we will provide you the following information upon a verifiable consumer request: (1) categories of Personally Identifiable Information that we collect; (2) categories of sources from which the Personally Identifiable Information is collected; (3) the purpose of collecting such Personally Identifiable Information; (4) specific pieces of Personally Identifiable Information collected.

 

Right to Request Deletion of Personal Information

According to the Act, you may request that your Personally Identifiable Information be deleted. We will comply with this request once we are able to confirm that we received a verified consumer request. 

 

Right to Opt-out of the Sale of Personal Information

ProctorFree does not sell information to third parties.

 

Exercising your CCPA Rights
To request (a) information about your Personally Identifiable Information collected or (b) deletion of your Personally Identifiable Information, please make such request by email to info@proctorfree.com or standard mail to the address found below.

ProctorFree Inc.
17039 Kenton Dr Ste 200B
Cornelius, NC 28031
Email: info@proctorfree.com

 

We can only respond to verifiable consumer requests

A verifiable consumer request means a request that is made by consumer, by a consumer on behalf of a consumer’s minor child, or a person registered with the California Secretary of State that is authorized to act on your behalf. Your verifiable consumer request must include (1) sufficient information that allows us to verify your identity or provides sufficient authority to make the request; and (2) describes your request with enough detail to evaluate and respond to your request. We will not respond to any requests if we cannot verify your identity or authority to make the request and confirm that the personal information belongs to you. You are not required to create an account in order to make a verifiable consumer request. Please allow 30 days to complete your request. 

 

Non-Discrimination
We will not discriminate against you because you exercised your rights under the CCPA.

 

GDPR Compliance.

Background:

• • This information contained herein outlines ProctorFree’s compliance and commitment to the EU General Data Protection Regulation (GDPR).
• Our Commitment:
  • ProctorFree is a Software as a Service provider that specializes in providing organizations with identity management and assessment proctoring solutions in an on-demand format. This requires end-users to interact with proctoring software that transmits encrypted streams of data to a cloud service provider for analysis, storage, and playback. Prior to this process beginning end-users must acknowledge acceptance and use of proctoring software as it will expose certain types of data for processing and playback to organizations opting to administer and deliver proctored online examinations in conjunction with ProctorFree. ProctorFree strives to collect the minimal amount of personal information required and maintains a continual focus on the proper handling of such information.
• Types of personal data ProctorFree may interact with:
  • User identification data
    • Source of data: LMS platforms including but not limited to: Moodle, Canvas by Instructure, Brightspace by D2L, Blackboard, Test.com, Digital Chalk, Schoox, Rockwell Information Services, Online WebForms, and direct account point of contact submission.
    • Storage: Amazon Web Services (AWS) Relational Database Service (RDS) Postgres Database.
    • Purpose of collection: User identification during the exam proctoring process.
    • Usage: Administrators, Faculty, and relevant examination stakeholders will have the ability to confirm and review data for the purposes of test security and identification of the examinee.
    • Access includes:
      • ProctorFree company employees and administrators
      • Institution employees – course owners/relevant examination stakeholders such as test administrators and faculty members.
      • In some cases, a PCI compliant third payment payment processor (BrainTree).
    • Individual Data:
      • First Name
      • Middle Name
      • Last Name
      • Email address (institution email address is recommended)
      • Learning Management System (LMS) identifier number
      • Examinations for which the user has access to
    • How long is the data stored: Individual streams of data are transmitted separately, each with unique identifying numbers associated with them. These separate streams are multiplexed (muxed) into a final package for playback to relevant and approved stakeholders. ProctorFree reserves the right to permanently delete the raw (separate) streams of data at any time unless there is a specific agreement to store raw data for an extended period of time beyond six months. The final package of data is stored for a period of time that corresponds to an agreement with each individual customer (organization) that is using ProctorFree’s services in conjunction with proctored examination delivery.
  • Storage of individual end-user video/audio recording
    • Source: End user media recording device such as a web camera and microphone
    • Storage: Amazon Web Service Simple Storage Service (AWS S3)
    • Purpose of collection: Examination proctoring
    • Usage: Administrators, Faculty, and relevant examination stakeholders will have the ability to confirm and review data for the purposes of test security and identification of the examinee.
    • Access includes:
      • ProctorFree company employees and administrators
      • Institution employees – course owners/relevant examination stakeholders such as test administrators and faculty members.
    • Individual Data:
      • Video stream recording
      • Audio stream recording
      • Desktop stream of screenshots
    • How long is the data stored: Individual streams of data are transmitted separately, each with unique identifying numbers associated with them. These separate streams are multiplexed (muxed) into a final package for playback to relevant and approved stakeholders. ProctorFree reserves the right to permanently delete the raw (separate) streams of data at any time unless there is a specific agreement to store raw data for an extended period of time beyond six months. The final package of data is stored for a period of time that corresponds to an agreement with each individual customer (organization) that is using ProctorFree’s services in conjunction with proctored examination delivery.
  • User identification document (ID)
    • It could be required by an organization administering proctored exams in conjunction with ProctorFree services to require the test taker to display an ID as a step in identification procedure
    • In this case the system stores a short video of students holding ID card in front of the camera as well as photo of this ID
    • Raw output with text OCR extracted from photo ID document is also stored in system database
• Data Security:
  • Secure Sockets Layer (SSL) protocol ensures that any data transferred between application and cloud service provider components is encrypted.
  • All solution components are isolated by means of Amazon Web Services (AWS) Virtual Private Cloud.
• Privacy Policy: http://proctorfree.com/privacy-policy
• Data Protection and Employee Representation: ProctorFree has specific employees, legal counsel, and cloud service provider domain experts that are responsible for data protection, readiness, and ensuring industry standard best practices are met. Questions regarding data processing, storage, and deletion should be directed to:

ProctorFree Inc.
17039 Kenton Dr Ste 200B
Cornelius, NC 28031
Email: info@proctorfree.com

• Processing of users requests to delete data:
  • ProctorFree takes each individual user request seriously and works through a specific process that includes many safeguards to ensure security, anonymity, and ultimately, each user’s request is acknowledged. 
    • Authenticate user’s request
      • ProctorFree authenticates the user request by confirming the existence of contextual data, for example, does this user, exam, course, or assessment exist? From there, ProctorFree notifies approved account points of contact at the organization associated with and responsible for the user. Upon written approval and acknowledgement from the organization responsible for the delivery of proctored online examinations in conjunction with ProctorFree, ProctorFree then takes specific steps to delete the data.
    • Execute user’s request
      • An order is performed by ProctorFree administrators that executes a command received by the Amazon Web Services Simple Storage Service (S3). This locates raw data files associated with individual streams of data and performs an action to delete the information. A similar command is performed to execute deletion of the final package of data that is used for playback to relevant and approved examination stakeholders. This process includes:
        • Deletion of stream raw data
        • Deletion stream muxed data
        • Deletion of end-user profiling and authentication attempts in Amazon Web Services Simple Storage Service (AWS S3)
        • Obfuscation of end-user identification data
    • Second check – a ProctorFree administrator manually reviews the data has been deleted. 
    • A record exists that the request to delete data was submitted, reviewed, and performed.
    • An email acknowledgement is sent back to approved account stakeholders and the end user confirming what actions have been taken.
    • ProctorFree strives to complete all such requests in less than 72 hours from the initial request.

Contact Us

If you have any questions about our Privacy Policy, they should be directed to:

ProctorFree Inc.
17039 Kenton Dr Ste 200B
Cornelius, NC 28031
Email: info@proctorfree.com