Effective Date: February 24, 2021
Last Updated: May 2, 2024
Kryterion is committed to protecting the privacy of individuals who visit our website located at http://webassessor.com (“Site”), and its affiliate website located at (collectively, the “Sites”) and individuals who register to use the Kryterion Services on behalf of Kryterion’s Clients (“Users”) (collectively “you” or “your”). This Privacy Policy applies to data provided on or through the Site(s) owned and operated by Kryterion, Inc., and the services offered by Kryterion through the Site (collectively, the “Services”) and describes Kryterion’s privacy practices in connection with the use of Kryterion’s Sites and Services. It also describes the choices available to you with regard to the use of your personal Information (defined below) and how you can access and update this information. The use of information collected through the Kryterion Services shall be limited to the purposes of providing the Services for which the User or Client has engaged Kryterion and as otherwise described in this Privacy Policy.
In this Privacy Policy, we use the terms “Data Controller,” “Data Processor,” and “Service Provider.” These terms have special meanings. “Data Controller” means the organization or person that determines the purpose and means of the processing of personal information. “Data Processor” and “Service Provider” means the organization or person that processes personal information on behalf of the Data Controller. Except when stated otherwise, Kryterion is acting as a Data Processor.
Information We Collect
For purposes of this Privacy Policy, “personal Information” is any information that can be used to identify you or that when added with other personal information can be linked to you. Personal information collected through our Services may include name, address, zip code, country of citizenship, credit or debit card numbers, email address, phone number, government issued photo ID, biometric enrollment photo, keystroke enrollment data, audio and video recordings of you taking tests, and email or chat history between proctors or other customer support personnel.
In some cases, we may handle so-called ‘special categories of personal information’ about you, which may be considered sensitive. This would be the case, for example, if you, at your test sponsor’s request, (i) provide your race or ethnic origin; (ii) biometric information, such as biometric photo authentication information or keystroke enrollment data; or (iii) provide medical or health information when requesting a testing session accommodation.
Please note that at all times Kryterion will adhere to the applicable statutory definition in determining what is and is not personal information for the purposes of this Privacy Policy. Where this Privacy Policy refers to “information” or “your information” this may include both personal and non-personal information.
Cookies and Other Tracking Technologies
We use browser cookies and similar technologies (collectively, “Cookies”) to collect and store certain information when you use, access, or interact with our Site(s). We may, for example, collect information about the type of device you use to access the Site(s), the operating system and version, your IP address, your general geographic location as indicated by your IP address, your browser type, the content you view and features you access on the Site(s), the web pages you view immediately before and after you access the Sites(s), whether and how you interact with content available on the Site(s), and the search terms you enter on the Site(s). For information about how we use Cookies and the choices you may have, please see below.
By using our Site(s), you agree to the use of the cookies as described above for the collection of information in order to provide the products or services you have requested and for improvements, as we deem appropriate for our legitimate purposes, related to our products and services.
Cookies. Cookies are small text files that a web server places on your computer. Cookies contain information that can later be read by the web server that originally placed the cookie on your computer.
Below are the main types of cookies we use and what we use them for:
Strictly Necessary Cookies. These cookies are essential in order to enable you to move around the Site(s) and use its features, such as accessing secure areas of the Site(s). Without these cookies, services you have asked for, like shopping carts or ebilling, cannot be provided.
Performance Cookies. These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. Some of the performance cookies are analytics cookies using third party web analytics software, which allow us to understand more about how our Site is used. Performance cookies are not used to collect information that identifies a visitor. All information these performance cookies collect is aggregated and therefore anonymous. The aggregated data is only used by us to improve how our Site works. We might also use performance cookies to highlight our products or services which we think will be of interest to you based on your use of our Site. By using this Site, you agree we may place these types of cookies on your device.
If you block cookies or cookies are not enabled on your computer, it will mean that your browsing or purchase experience on our Site(s) will be limited. Some active content, movies and online shopping baskets, for example, may not work correctly.
You agree that by visiting and/or providing, transmitting, or having another party you have authorized to provide or transmit your personal information to us on any of our Sites, you are accepting the practices described in this Privacy Policy and any updates made to this Privacy Policy. It is your responsibility to read this Privacy Policy and check for updates on a regular basis. By continuing to use our Site, products or services after such updates have been made you are agreeing to be bound by any changes to this Privacy Policy.
You are never required to provide us with your personal information. If you do not agree to this Privacy Policy, please do not provide, transmit or allow an authorized third party to provide or transmit your personal information to us; however, if you decide to not provide to us your personal information it will affect our ability to allow you to register, schedule, and take a test administered and delivered by us on behalf of the test sponsor; or to provide to you any other products or services offered.
You agree that we may collect or receive, use, process, disclose, transfer and retain your personal information as described herein. This Privacy Policy governs your use of any and all of our Sites our testing services, and in purchasing our products and services in general. We will use your personal information only for the purposes set forth herein.
As the subject of the personal information collected, you have rights related to the personal information that we hold about you.
At any time, you have the right to:
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents’ privacy rights, please visit our Privacy Notice for California Residents.
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
Nevada provides its residents with a limited right to opt-out of certain personal information sales. However, please know that we do not currently sell data triggering the statute’s opt-out requirements.
How to Exercise Your Rights
Kryterion provides testing services as a Data Processor under the instructions of and on behalf of our Test Sponsors (that act as an independent Data Controller). Test Sponsors have their own policies regarding the processing of personal information. Decisions regarding any request you make about your personal information occur with your Test Sponsor (your Academic Institution or Organization), as the Data Controller, for whom Kryterion is a Data Processor. As such, Test Sponsors are responsible for receiving and responding to requests from individuals to exercise any rights afforded to them under applicable data protection laws, including the GDPR and CCPA.
To exercise your privacy rights described above, please directly contact your Test Sponsor, academic institution or organization, who is the Data Controller. We may only access your Test Sponsor’s data upon their instructions.
If you cannot locate the contact information of your Test Sponsor, please contact our privacy office at [email protected] and include the name of your Test Sponsor with the subject line “Data Subject Request Support.”
We will assist you with providing your Test Sponsor’s contact information and will support them as needed in responding to your request within a reasonable timeframe.
We rely on the following legal grounds to process your personal information:
Performance of a contract.
We may need to collect and process your personal information as necessary to perform services subject to a contractual agreement with you. Examples of our legal grounds to process your personal information as being necessary for the performance of a contract include, but are not limited to: (i) when you make an online purchase in order for the purpose of allowing us to deliver the purchased product; and (ii) when you register and schedule to take a test sponsor’s exam on Webassessor you will be entering into a Candidate Agreement between you, Kryterion, and the test sponsor for the purpose of permitting us to collect, use, transfer, process and store your personal information consistent with this Privacy Policy.
Legitimate interests. We may use your personal information for our legitimate interests for the purposes of improving our products and services and improving the content of our Site(s); and for the legitimate interest of our test sponsors.
Kryterion and its subcontractors will at all times protect your personal information with operational, administrative, technical, and physical security safeguards.
We provide testing services as a service provider under the direction of and on behalf of our test sponsors (that act as an autonomous data controller). The test sponsor is the company or organization that offers certification, licensure, or academic admission testing and controls the test(s) that must be taken to secure such certification, credentialing, licensure, or academic admission. We collect or receive personal information from certification, licensure, and academic admission testing candidates and from the test sponsor. The information we may collect or receive includes, but is not limited to, your test registration, incident resolution (such as fraud prevention), collection of payment for testing services you’ve requested, and your test results of such testing. We use personal information in order to perform the testing services related to the administration and delivery of certification, licensure, and academic admission testing on behalf of the test sponsor. Upon completion of your exam, we may collect and score your test responses and then derive a test score and generate a report about your certification, credentialing, licensure, or academic admission test results. In most cases, as it is necessary to perform the services, such scoring will be completed through automated means based on the criteria provided by your test sponsor.
In the event that you submit a request for an accommodation for your certification, licensure or academic admission test, you may be asked to submit health information records in compliance with your test sponsor’s requirements, including but not limited to, documentation from your physician evidencing your need for the accommodations. We will work with the test sponsor to evaluate your eligibility for an accommodation and if an accommodation is granted we will implement an acceptable accommodation solution.
Providing your personal information is voluntary but may be necessary if you wish to receive certification, licensure, or academic admission testing services. We will retain your personal information for as long as needed to provide our services and for such period of time as instructed by the test sponsor. To the extent that you request Kryterion to delete your personal information, it will affect our ability to allow you to register, schedule, and take a test administered and delivered by us on behalf of the test sponsor; or to provide to you any other products or services offered, and such deletion may affect your certification, licensure or academic admission status, dependent on the policy of your test sponsor.
In addition to the personal information that we may collect or receive in registering a candidate (“you”) for certification, licensure, or academic admission testing the test sponsor may also provide to us or instruct us to collect the following additional personal information, as necessary or appropriate, including, but not limited to: language, sponsor identification number, employment information, previous examination history, education information, and source of financing for the test. For candidate verification and identification purposes, we may be instructed to collect all or part of a government-issued identification number.
At the test center, depending upon the test sponsor and/or test security requirements, you may be required to provide a copy of your photo identification (for the purposes of identity verification and to protect the security and integrity of the test) and you may be audio- and video-recorded while you are taking the test.
We will handle and treat all personal information collected or received by us in connection with certification, licensure, and academic admission test registration and test administration in the manner as described in this Privacy Policy.
How We Use the Personal Information We Collect
We use personal information to provide services and information, to administer testing programs on behalf of your test sponsor, and for legitimate purposes in operating our business. Examples of our use or disclosure of your personal information include, but is not limited to:
Certain certification, credentialing, licensure, and academic admission tests are administered through independent authorized testing centers. These authorized testing centers are required to use any data collected in compliance with this Privacy Policy. If you have unaddressed concerns about an independent testing center relating to certification, credentialing, licensure, or academic admission services provided by Kryterion please contact us at [email protected] or you may call us at +1 (602) 659-4660.
Any such third-party data processors are and/or will be subject to contractual agreements to ensure that they only process personal information provided by Kryterion in a manner consistent with the GDPR requirements as more fully described and made accessible to you below. Kryterion remains liable under such Principles if its agent processes your personal information in a manner inconsistent with the Principles, unless we can prove that we are not responsible for the event giving rise to any damage.
Online Proctoring Test Services
If a test sponsor offers their test outside of a Kryterion authorized testing center through Online proctoring and if you choose to take the test through Kryterion’s Online proctoring platform, in addition to the requirements of Description of Certification, Licensure, and Academic Admission Test Services, you will be monitored over the Internet through your computer via your webcam and microphone. Online proctoring means that you will log on to a test platform through the internet to take your test and you will be monitored during your entire testing session in real-time so that your face, voice, desk and workspace will be captured and a recording will be made of these images for the purposes of test security and the integrity of the testing process. It is your responsibility to monitor your Online proctored testing environment. You must make sure that only you will be recorded during your testing session and that no one else will be physically in the room where you are testing and that no one speaks to you during your testing session. If at any time during an Online proctored testing session a third party enters the work space or if any third party’s voice is detected on the audio recording your testing session may be immediately terminated and the test stopped. If this event occurs you will not receive a test refund or be credited for any portion of the test fee.
The video and audio recordings are standard test procedures for all test sponsors’ Online proctored tests and your video and audio recording will be used for purposes of identity verification, Online observation, incident resolution, such as fraud prevention, test security, and for the integrity of the test and testing process. For more information about how the test sponsor may collect and use your personal information we encourage you to review the test sponsor’s privacy policy.
Personal Information Collected for Online Proctoring Test Services
All of the same personal information that we collect or receive as described above applies to you when you register to take a test sponsor’s Online proctored test. Prior to the start of your Online proctored test, you may be required to take a picture of yourself and/or provide your keystroke pattern for the purpose of identity verification. The collection of such data is optional, but necessary if you choose to use the Online proctoring function. You understand that the audio and videotapes of your testing session, as well as photos, will be supplied to the relevant test sponsor and any of their appointed agents to assist with their management of your test.
Kryterion’s eCommerce Sites provide you with the opportunity to purchase certification, credentialing, licensure, and academic admission test related products and services. Kryterion also provides eCommerce services on behalf of our test sponsors.
We clearly identify what information must be provided by you in order for us to deliver the various products, services, and information that you may have requested. Depending on your choices, we will require different types of information for these various products, services, and information. You may also choose to provide additional or optional information to enhance the services we may provide to you. The personal information that we may collect includes:
We use the personal information you provide to Kryterion to provide services and information you request, to process transactions, fulfill product delivery and for legitimate purposes in operating our business. Additionally, we use information collected about your use of our site for legitimate business interests to understand the habits of our Site users and to improve the products, services, and content we offer.
Protection of Credit Card Information
Individuals who make online purchases will be asked to provide credit/debit card information, which may include payment instrument number (e.g., credit card), name and billing address, the security code associated with the credit/debit card information, organizational tax ID, and other financial data (“Payment Data”). We use Payment Data to complete transactions, as well as to detect and prevent fraud. We will retain your Payment Data for as long as reasonably necessary to complete the transaction, to comply with our legal and reporting requirements, and to detect and prevent credit/debit card fraud. We provide a secured transmission method for the electronic transmission of credit/debit card information.
How Long We Store Your Information
We retain information for no longer than necessary to perform the Services described in this Policy, as long as necessary for us to perform any contract with your Test Sponsor (your Academic Institution or Organization), or as long as needed to comply with our legal obligations.
Data Security
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
When you take a test using the Services, we provide your personal information to the Test Sponsor(s) from whom you seek a test score, service, or credential to enable them to validate your identity and your test score, as well as for academic hearing purposes. For further information about how your Test Sponsor(s) may use your personal information, please contact your Test Sponsor(s).
We may also disclose your personal information in the following situations: (a) in response to a subpoena, court order or legal process, to the extent permitted and required by law; (b) to protect your security, or the security of other persons, consistent with applicable law; (c) to address actual or suspected fraud or other illegal activities; (d) in connection with a sale, joint venture or other transfer of some or all of the assets of Kryterion; (e) where you explicitly agree to allow Kryterion to disclose your personal information to select third parties; and (f) to our subcontractors and/or agents (such as, those third parties hosting one or more of our websites; processing credit card transactions and payments; fulfilling and processing orders; assisting us with marketing and promotions; collecting web analytics data, etc.), including independent testing centers solely for the purpose of enabling them to perform services on our behalf (collectively “third party” or “third parties”).
Kryterion will have agreements in place with these third-party subcontractors and/or agents prior to the transfer of any personal information requiring that such subcontractors and/or agents protect the personal information in a manner that is consistent with EU GDPR. All subcontractors and/or agents will be instructed that they may only use the personal information for the purposes identified by Kryterion.
Kryterion stores information about visitors to our Website and users on servers located in the United States. By using our services, you consent to the storage of your information inside the United States. If you are using the services from outside the United States and the European Union, please know the information you submit will be transferred to and stored in servers in the United States or other countries. The data protection and other laws of the United States and/or other countries might not be as comprehensive as those in your country. By submitting your data and/or using our services, you acknowledge the transfer, storing, and processing of your information in and to the United States.
As described above, Kryterion also may subcontract the processing of your data to, or otherwise share your data with, service providers and others in countries other than your country of residence, including the United States, in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of services to you, the processing of transactions and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage or use.
If we provide any information about you to any such non-European Union entities, we will take appropriate measures to ensure such companies protect your information in a manner that is consistent with the Data Privacy Framework Principles. These measures include signing Standard Contractual Clauses in accordance with European Union and other data protection laws to govern the transfers of such data. For more information about these transfer mechanisms, please contact us as detailed in the How to Contact Us section below.
EU-U.S. Data Privacy Framework
Kryterion complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Kryterion has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal information received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Kryterion has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal information received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
In cases of onward personal information transfers to third parties, Kryterion remains responsible and liable under the DPF Principles if a third party that it engages to process personal information on its behalf does so in a manner inconsistent with the DPF Principles, unless Kryterion proves that it is not responsible for the matter giving rise to the damage;
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Kryterion commits to resolve complaints about our collection or use of your personal data. EU, UK, and Swiss individuals with inquiries or complaints regarding our handling of personal information received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact Kryterion’s privacy office at [email protected].
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Kryterion commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO) and the Gibraltar Regulatory Authority (GRA), and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.
You may have the option to select binding arbitration under the EU-U.S. Data Privacy Framework Panel for the resolution of your complaint under certain circumstances. The Federal Trade Commission has jurisdiction over Kryterion’s compliance with the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework.
By registering for a test through us, purchasing services or products from one of our e-commerce Sites, or in some cases submitting your personal information through a third party acting upon your direction and on your behalf, you agree to allow your personal information to be transmitted by us to the test sponsor from whom you seek certification, credentialing, licensure, or academic admission or on whose behalf the e-commerce Sites are administered by Kryterion. The test sponsor requires your personal information so that (a) tests can be correctly administered; (b) certification, credentialing, licensure, or academic admission can be processed, granted and administered; and (c) candidates can receive further information about certification, credentialing, licensure, or academic admission testing. For more information about how the test sponsor may collect and use your personal information we encourage you to review the test sponsor’s privacy policy.
Upon request, we may disclose a video and audio recording of your testing session to your test sponsor for the purpose of verifying that you were the person taking the exam and that no exam protocols were violated.
Children’s Privacy
We recognize the importance of protecting privacy where children are involved and comply fully with the Children’s Online Privacy Protection Act (COPPA) and similar laws and regulations. If a child under the age of 13 has provided us with personal information, without a signed parental consent form, we ask that a parent or guardian contact us at [email protected] or you may call us at +1 (602) 659-4660. If you are under 18, please be sure to read this Privacy Policy with your parent(s) or legal guardian(s) and ask questions about things you do not understand.
We understand that certain educational institutions for which we provide testing services (test sponsors) have certain obligations concerning the maintenance and disclosure of student information under the United States Family Educational Rights and Privacy Act (FERPA).
As a service provider for test sponsors, we may share information protected by FERPA only with external parties who qualify as school officials with a legitimate educational interest or in accordance with our Privacy Policy and FERPA regulations, as outlined in 34 C.F.R. part 99.
In the context of FERPA, Kryterion is considered a “school official” with “legitimate educational interests” in the student information to whom functions and services have been outsourced by the test sponsor.
When Kryterion receives student information, Kryterion will only use it for the purposes specified by the test sponsor in accordance with the instructions outlined in the Agreement with the test sponsor. Kryterion will not disclose student information to any other party or use it for any other purpose except as necessary to fulfill its obligations under the Agreement with the test sponsor.
Resolution of Concerns
Kryterion commits to resolve complaints about your privacy and our collection, use, transfer, or processing of your personal information. Individuals with inquires or concerns regarding this Privacy Policy should first contact Kryterion via the information provided in the section How to Contact Us.
Kryterion endeavors to respond to your inquiry within 30 days. If you believe you have not received a timely acknowledgement of your inquiry or concern, or if you believe your inquiry or concern was not satisfactorily addressed by Kryterion you should contact (at no charge) your state or national data protection authority. A list of National Data Protection Authorities can be found on the National Data Protection Authorities website. Kryterion has committed to cooperate with the Data Protection Authorities and will comply with the information and advice provided to it by the panel of DPAs in relation to such unresolved complaints.
Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” included at the beginning of the document. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy. Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.
How To Contact Us
If you have any questions about our practices or this Privacy Policy, please contact us at:
Kryterion, Inc.
7776 South Pointe Pkwy W, Suite 200
Phoenix, AZ 85044
United States
+1 (602) 659-4660
[email protected]
As we do not have an establishment in the European Union (“EU”), we have appointed a representative based in the United Kingdom, who you may address if you are located in the EU to raise any issues or queries you may have relating to our processing of your personal information and/or this Privacy Policy more generally. Our EU representative is:
Kryterion Ltd.
429-433 Pinner Road
North Harrow
Middlesex HA1 4HN
United Kingdom
Our Data Protection Officer is based out of our Phoenix office. If you have any questions or concerns in reference to this Privacy Policy or any other privacy-related issues, please contact [email protected].
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