Product Privacy Policy

EXAMITY, Inc.
Examity, Inc. (“Examity”) is committed to protecting the privacy and security of the data of its clients and associates (hereafter, “Users”). This Privacy Policy applies to both test-takers (“Test-Takers”) and administrators (“Administrators”). We want you to understand how we collect and use information through our product and services (hereafter, “Platform”) so you can interact with Examity with confidence. By using Examity’s Platform you accept and agree to the practices this Privacy Policy describes.

Information We Collect

When you use our Platform, we may collect and use personally identifiable information about you, as well as other information. More specifically, when you use our Platform, we may collect the following information:

From Test-Takers
Information relating to your education, including an educational institution’s name, student’s name, the name of the student’s parent or other family members, the address of the student or student’s family, personal identifiers such as the student number or keystroke signature, other indirect identifiers, such as student’s date of birth, other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty, or information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates, as well as other personally identifiable information about other customers or employees, including, but not limited to, driver’s license number or state-issued identification card number, financial account number, credit card number, or debit card number with or without any required security code, that would permit access to an individual’s financial account.

If our online proctoring services are used, your webcam and computer screen may be monitored, viewed, recorded, and/or audited to ensure the integrity of the exams, including by Examity, proctors, and university and/or test sanctioning body staff. This means that you and your surroundings, and anything else within range of your webcam or viewable on your computer screen, may be monitored, viewed, recorded, and/or audited during your exam. Examity will never share images of your surroundings with other test takers. YOU HAVE THE CHOICE OF WHERE TO TEST. Please choose your testing location wisely. If you have concerns about the privacy of your testing location, you should select another area to complete your test, such as a private study room in a library or another suitably secure public space.

From Administrators:
Information used to contact you, including name, email address [FILL IN INFORMATION].

Use of Your Information
We use the information we collect from you primarily to enable us to provide our services in the best possible manner, including our online proctoring and exam integrity services. In addition, your information may be used for the following purposes:

To present our Platform and its contents to you;
To provide you with information, products or services that you request from us;
To fulfill any other purpose for which you provide it;
To provide you with notices about your account;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
To notify you about changes to our Platform or any products or services we offer or provide though it;
To allow you to participate in interactive features on our Platform;
To administer our Platform, including by monitoring and analyzing our Platform traffic and usage patterns;
In any other way we may describe when you provide the information;
For any other purpose with your consent;
As otherwise described to you when collecting your personal information; or
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.

Security
We use commercially suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect. These procedures include, but are not limited to, firewalls, encryption, intrusion detection, and Platform monitoring. We also limit access to any personally identifiable information we receive to staff who need access to that information in order to do their jobs. However, no data protection procedures are entirely infallible. As a result, while we strive to protect your personally identifiable information, we cannot guarantee that it will be 100% secure. Your transmission of your data to our Platform thus is done entirely at your own risk.

Sharing Your Information
We may share your personal information as follows:

Generally: We may share your personal information with trusted third parties or our affiliates to assist us in providing our service (a “Business Purpose”), including by acting on our behalf to process credit card payments and provide customer assistance. Such third parties have access to personal information as needed to perform their functions, but they are not allowed to use it for other purposes. When we disclose personal information for a Business Purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties:

Service providers for the processing and storage of digital data
Service providers for the processing and storage of video data
Service providers for the processing and storage of credit card data

We do not sell or rent personal information collected through Examity’s Platform to anyone.

Other Circumstances: We may disclose your personal information to third parties if we are involved in a merger, acquisition, or sale of any or all of our business and/or our assets to a third party, or if we have a good faith belief that disclosure is necessary to:

Comply with applicable laws, regulations, legal process (such as a subpoena), or lawful requests by public authorities, including to meet national security or law enforcement requirements;
Enforce applicable Terms of Service, including investigation of potential violations of such Terms, or to detect, prevent, or otherwise address fraud, security, or technical issues;
Protect against harm to the rights, property, or safety of Examity, our Users, or the public as required or permitted by law; and/or
Comply with Student Privacy Pledge that allows parental access to, and correction of errors in, their children’s information when Users under 18 years of age interact with our system.

Third Party Websites and Social Media Features
Examity’s Platform may contain links to other sites, including those of third parties or business partners. While we seek to link only to sites that share our high standards and respect for privacy, we cannot be responsible for the privacy practices other websites use. By accessing other third-party websites or applications through our Platform, you are consenting to the terms and privacy policies of those websites. It is possible that other parties may collect personally identifiable information about your online activities over time and across different websites when you use Examity’s Platform.

Review and Correction of Your Information
You may review and edit the information Examity collected about you at any time by contacting us at the address below.

California Privacy Rights
California Civil Code Section §1798.83 allows California residents to ask companies with whom they have an established business relationship to provide certain information about the companies’ sharing of personal information with third parties for direct marketing purposes. Examity does not share any California consumer personal information with third parties for marketing purposes without consent. California Users who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices may contact us using the contact information set forth below.

If you are a California resident, please see our California Resident Privacy Notice.

Visitors from the European Union and European Economic Area
Examity’s Platform is hosted and operated in the United States (“US”). Unless you have been informed otherwise, by using the Platform, you are consenting to the transfer of your personal information to the US. If you are accessing the Platform from outside the US, please be advised that US law may not offer the same privacy protections as the law of your jurisdiction.

If you are a resident of the European Union or the European Economic Area, please see our European Union and European Economic Area Resident Privacy Notice.

Privacy Policy Updates
This Privacy Policy was last updated on September 22, 2022.

We update the Privacy Policy from time to time, so please review it regularly. If we materially change our Privacy Policy, we will notify you by contacting you through your user account email address or by posting a notice on our Platform and request new consent. If Examity wishes to disclose personal information collected to a third party, appropriate notice and choice will be issued to the individuals for whom the personal information pertains to. Your continued use of the Platform will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the Platform and notify us that you do not want your information used in accordance with the changes.

Contacting Us
We welcome any questions, comments, or complaints you may have regarding this Privacy Policy. Please do not hesitate to contact us at:

Examity
153 Needham Street
Newton, MA 02464
[email protected] or 855-Examity (855-392-6489)