Privacy Policy

Introduction

This Privacy Policy applies to all the products, services, and websites offered by ExamBuilder. We refer to those products, services, websites and apps collectively as the “services” in this policy.

References to “data” in this Privacy Policy will refer to whatever data you use our services to collect or distribute to your users, whether it be exam responses, data collected in a form, or training materials that you upload – it’s all your data! Reference to personal information or just information, means information about you personally that we collect or for which we act as custodian.

If you want to identify your data controller please see the “Who is my data controller” section below.

Useful definitions for different types of users of our Services

To better understand what information is most relevant to you, see the following useful definitions.

Account Owner

You created an Instructor account with ExamBuilder and are the account owner. You log in to the Instructor Portal – https://instructor.exambuilder.com – to create exams or training, and have permission to create student accounts or other Instructor accounts (Training Staff) with limited permissions (role-based access control).

Training Staff

An ExamBuilder Instructor account was created for you by the account owner or an Instructor with Super User permissions. You collaborate on, or review exams, training, or results within an account that was shared with you. These accounts are typically used by administrators or regional managers.

Examinees

You have received an exam or training material powered by ExamBuilder and you log in to the Student/Employee Portal using the URL https://testing.exambuilder.com.

Website Visitors

You are just visiting our website because you are interested in knowing more about the services we provide.

The information we collect

1. 3.1. What we store for Account Owners and Training Staff
   When you sign up for ExamBuilder, we ask for your:
   • Name. It is important to know who the account owner is for security
   • Company name. In case someone asks for super user access we need to verify the request for security. This happens when someone leaves a company and another person takes over the account
   • Email address. To send you invoices.
   • Country. To personalize the groups section

   As an e-learning company we store your data that may include: exam content, student/employee names, and training materials. ExamBuilder is the custodian of your data; you are owner! We only access your data under the following circumstances:

   • You called tech support and we need to log in to your account to resolve an issue
   • A bug was reported that cannot be recreated in one of our developer accounts

   When you write to us with a question or to ask for help, we keep that correspondence, and the email address, for future reference. When you browse our marketing pages, we track that for statistical purposes or to analyze the most viewed pages and conversion rates based on search terms.

   EXAMBUILDER DOES NOT SHARE YOUR INFORMATION WITH ANY THIRD PARTIES! There are no ads on the site; the business model is based on paid subscriptions, not advertisers. Any information provided stays on the ExamBuilder servers while your account is active.

   We need to use your account data to run your account, provide you with services, bill you for our services, provide you with customer support, and contact you about your service or account. We occasionally send you communications of a transactional nature (e.g. service-related announcements, billing-related matters, changes to our services or policies, a welcome email when you first register). You cannot opt out of these communications since they are required to provide our services to you.

2. 3.2. What we store for Examinees Student accounts can be created by training departments, or, by students themselves who self-register for the system.

   Here is what we store:

   • Name (required). This can be anonymous or a code, but it is not recommended since training departments often need to look up users by name
   • Student ID (required). This is a unique identifier for your account that can be an email address but doesn’t have to be. The advantage to using an email address is that students can receive exam invitations by email
   • Photo (optional). Student photos are only viewed by training departments in the instructor portal when accessing a student account or viewing reports. Photos are never used for any other purpose.
   • Groups (optional). Some training departments ask students to group themselves by demographic region or job function

   We also store your IP address security purposes.

   As an e-learning company we store details about the exams that you have taken (score and date of completion), responses to specific questions, and the training that you have viewed. This can only be viewed by the training department that created the content and is never shared outside of that context.

   ExamBuilder does not share your information with any third parties! There are no ads on the site; the business model is based on paid subscriptions, not advertisers. Any information provided stays on the ExamBuilder servers while your account is active.

How we use the information we collect

• Fulfill our contractual responsibility to deliver the services to you;
• To pursue ExamBuilder’s legitimate interests of:
• • improving service experience; and
  • developing new products and service features.

In each of the instances where we describe how we use your data in this privacy policy, we have identified which of these grounds for processing we are relying upon. You have consented to us using certain types of cookies on our websites. In particular we use cookies to:

• Identify your web browser so you don’t have to enter your username and password on every single screen
• Create a signature that is required to access media (images and video) on our media server
• For more information please read our Cookies Policy.

We process your personal information in the following categories of data for legitimate interests pursued by us, which are described in detail in this privacy policy. We have undertaken to ensure that we place clear limitations on each of these uses so that your privacy is respected and only the information necessary to achieve these legitimate aims is used. Our primary goal is to effectively deliver the services that were purchased while also ensuring that personal information of all users is respected and protected.

Contact information

We use your contact information to respond to questions that you ask us, provide tech support, and send you information as part of the service, such as exam results that you requested and can easily opt out of. We also use your email address to send you scheduled maintenance times and infrequent marketing information. Marketing information always has an “unsubscribe” link in the communication.

Device data

We use device data both to troubleshoot problems with our service and to make improvements to it. We also infer your geographic location based on your IP address. We collect this to help us improve your service experience by evaluating peak usage times to help us plan maintenance. We also diagnose specific device/browser usage in order to optimize how the website looks in a particular browser and to ensure the service operates optimally and as it should in different browsing environments.

Log data

We use log data for many different business purposes including:

• To monitor abuse;
• To create new services, features, content or make recommendations;
• To track behavior at the aggregate/anonymous level to identify and understand trends in the various interactions with our services;
• To fix bugs and troubleshoot product functionality.

Your IP address can be used to determine where an unknown/unauthorized access may have occurred in your account (abuse monitoring).

Referral information

We use referral information to track the success of our integrations and referral processes.

Legal uses

We may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or lawful requests by public authorities, including to meet national security or law enforcement requirements, (ii) protect and defend the rights or property of ExamBuilder, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

To respond to legal requests or prevent fraud, we may need to use and disclose information or data we hold about you. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond. In addition, we may use your data to:

• Prevent potentially illegal activities;
• Screen for and prevent undesirable or abusive activity. For example, we have automated systems that screen content for phishing activities, spam, and fraud.

We do not share your information or data with third parties outside ExamBuilder except in the following limited circumstances:

• If you are an instructor that is part of an Enterprise account using ExamBuilder, your account information and data will be shared with the primary administrator(s) and your exam data may also be visible to other members in your team with whom you share your surveys or with whom you collaborate;
• To help us provide certain aspects of our services we use our affiliates and trusted key partners – in particular, we engage third parties to:
• • Store images, videos, PDF files and other media files. The file names are anonymized and cannot be tracked to you;
  • facilitate customers in making credit card payments;
  • deliver and help us track our marketing and advertising content;
  • help us track website conversion success metrics.

Cookies

We use cookies on the ExamBuilder website. Detailed information about cookies can be found in our Cookies Policy. We use certain cookies, as described in our Cookies Policy and here in our Privacy Policy, that you agree to when you use our sites and, in the case of some cookies, for legitimate interests of delivering and optimizing our services (where the cookie delivers essential functionality). Cookies are small bits of data we store on the device you use to access our service so we can recognize repeat users. Each cookie expires after a certain period of time, depending on what we use it for. We use cookies and similar technologies for several reasons:

• To identify your browser so you don’t have to log in with your username and password on every screen;
• For security reasons. We use cookies to authenticate your identity and confirm whether you are currently logged into ExamBuilder or determine if an incident impacts you;
• To create a signed cookie to deliver anonymized media content to you (images, PDFs, videos, and audio) in a secure way;
• Google Analytics. This gives us anonymous, aggregate statistics which are used for marketing purposes. If you do not wish to participate in Google Analytics, you may also download the Google Analytics opt-out browser add-on.

ExamBuilder is NOT ad driven. Cookies are NOT used for advertising purposes, or for identifying demographic data.

You can choose to remove or disable cookies via your browser settings.

Data Retention

If you hold an account with ExamBuilder we do not delete the data in your account while your account is in good standing. You are responsible for and control the time periods for which you retain this data. There are controls in your account where you can delete data at the account level (all data in your account) and at the item level (specific exams, training content, or examinees). If you are an Examinee, you will need to ask your training department or instructor how long your responses will be stored in ExamBuilder.

We also describe the expiry periods for cookies on our websites in our Cookies Policy.

Use of the Site by Children

The Site is not directed to children under the age of 16 (who reside in the EU, the European Economic Area or Switzerland) and children under the age of 13 (who reside in the United States). Children under the applicable minimum age should not provide personal information through the Site. If it comes to our attention that we have collected personal data from a Minor, we may delete this information without notice. If you become aware that a child has provided us with personal information, please contact customer support.

Changes to our privacy policy

We can make changes to this Privacy Policy from time to time. We will identify the changes we have made on this page. In circumstances where a change will materially change the way in which we collect or use your personal information or data, we will send a notice of this change to all of our account holders.

Who is my data controller?

All exam response data at an individual level is controlled by the Account Owner or Training Staff. ExamBuilder can be a data controller of data submitted by Examinees only in the very limited ways described in the section here called “How we use the information we collect.”

For Account Owners who are addressed in this privacy policy and who are located outside the United States, your data controller is ExamBuilder to the extent that it is processing your personal data.

Your rights

Some of you have certain legal rights to obtain information about whether we hold personal information about them, to access personal information we hold about them, and to obtain its correction, update, amendment or deletion in appropriate circumstances. Some of these rights may be subject to some exceptions or limitations. We will respond to your request to exercise these rights within a reasonable time (and in all cases within 30 days of receiving a request).

1. 11.1. Summary of rights as it pertains to Account Owners.

   Where you hold an account with any ExamBuilder service, you are entitled to a copy of all personal data which we hold in relation to you. You are also entitled to request that we restrict how we use your data or object to some aspect of our treatment of your data.

   ExamBuilder allows you to access all of your data in your own account when you log in and export your own data from our system in a variety of formats so that you can back it up or use it with other applications.

2. 11.2. Summary of rights as it pertains to Training Staff and Examinees.

   Where you have responded to an exam sent to you by an Instructor or Training Department using the ExamBuilder service, you will need to reach out directly to that organization to discuss managing, deleting, accessing, restricting access to or otherwise withdrawing consent for use of, the information which you provided to them in your responses. ExamBuilder does not control your exam data and, accordingly, is not in a position to directly handle these requests in relation to that data. If you are having difficulties finding your Instructor or Training Department you can contact us through our support team and we will try our best to help you.

   Where you wish to exercise any of the above rights with respect to the categories of Respondent data described in this policy for which ExamBuilder is a data controller, please contact us directly. For more information on how to contact us and how to make complaints, see our privacy policy.

3. 11.3. Summary of rights as it pertains to Website visitors.

   Where you have visited our website and you want to exercise any of the above rights please contact our support team. Alternatively, if your request is for the right to be forgotten as it relates only to our use of cookies you can achieve this by clearing the cookies in your browser settings.

4. 11.4. Data access rights.

   If you are the Account Owner you may request access to your personally identifiable information and information about our collection, use and disclosure of that information by using the contact form. To provide our service, a minimum amount of personally identifiable information is required. If you are Training Staff that is part of an Enterprise account using ExamBuilder or an Examinee who has responded to an exam sent to you using the ExamBuilder service, you will need to reach out directly to the Account Owner to ask for this information.

   Unless prohibited by law or legal process, you will be given reasonable access to your personally identifiable information, entitlement to challenge the accuracy and completeness of the information, and the ability to have it amended as appropriate. You can help us maintain the accuracy of your personally identifiable information by notifying us of any changes to it.

5. 11.5. Right to restrict processing.

   ExamBuilder requires consent to the processing of your personal information in order to provide our service. The minimum amount of personal information required is the Account Owner’s name, email address and contact information for billing. If you have provided your consent to the processing of your personal information by ExamBuilder, you may withdraw your consent at any time by cancelling your account. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims.

   If you are Training Staff or an Examinee, you must contact your Account Owner to if you wish to withdraw your consent for information processing. If you cannot reach your Account Owner or do not get a satisfactory response you can contact ExamBuilder directly by using the contact form on our website.

6. 11.6. Right to object to processing.

   In some jurisdictions, applicable law may entitle you to require ExamBuilder not to process your personal information for certain specific purposes where such processing is based on legitimate interest. If you object to such processing and:

   • You are the Account Owner you must cancel your account at which time ExamBuilder will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims;
   • You are Training Staff or an Examinee you must contact your Account Owner to if you object to the processing of your personal information. If you cannot reach your Account Owner or do not get a satisfactory response you can contact ExamBuilder directly by using the contact form on our website.

   ExamBuilder only uses your personal information for marketing purposes to infrequently advise you of new features to our service. Your personal information is never shared with third parties for marketing purposes.

7. 11.7. Right to rectification.

   In some jurisdictions, you have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your ExamBuilder account).

8. 11.8. Right to erasure.

   If you are the Account Owner you have the right to request erasure of your personal information. To do so, you must contact us and ask us to delete your account since a minimum amount of personal information is required to provide our service.

   For Training Staff and Examinees, you must contact the Account Owner to request erasure of your personal information. If you can not reach the Account Owner you can contact ExamBuilder directly by using the Contact form on our website.

9. 11.9. Right to withdraw consent.

   If you the Account Owner, we process your data for:

   • Billing
   • Notification of maintenance and website updates

   You have the right to withdraw consent for holding and processing your personal information. To do so, you must contact us and ask us to delete your account since a minimum amount of personal information is required to provide our service.
   For Training Staff and Examinees, you must contact the Account Owner to withdraw consent of holding and processing your personal information. If you cannot reach the Account Owner you can contact ExamBuilder directly by using the Contact form on our website.

   ExamBuilder does not sell or share your personal information with any third parties.

10. 11.10. Right to data portability.

    You have the right to data portability which allows you to take your content with you if you leave ExamBuilder.

    Account Owners and Training Staff can print their exams, or export student lists or exam results to Excel or PDF.

    Examinees can export their exam results from the Results Section in their portal.

Exercising your rights

Our Contact Information for Privacy Inquiries:

ExamBuilder
455 Tarrytown Road
Suite 1092
White Plains, NY 10607
United States
dpo@exambuilder.com