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This policy applies immediately to new users who use or access the Service on or after the Effective Date and on the Effective Date to users who use or access the Service before the Effective Date.
1.1. Types of Personal Information We Collect
ExamsKit collects Personal Data about you when you provide it directly to us, when third parties such as our business partners (e.g. companies with whom we integrate our Service), service providers (such as our advertising service providers) provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Service. We collect the following Personal Data from you in connection with the Service:
1.2. Personal Data Usage
2. Personal Data Processing
We will only use your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our "legitimate interests" or the legitimate interest of others, as further described below.
3. Your Personal Data Sharing
We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the Service. These parties include:
4. 3rd-party E-mail Address Usage
If you register for the Service using an e-mail address that we recognize to be either a part of a third-party Corporate Account for the Service (an "Corporate Account") or a potential enterprise Service purchaser (for example, your employer’s) (each, an "E-Mail Holder"), we may provide your name and email address to the E-Mail Holder and their administrator. In some cases, we will also consolidate your account(s) with the accounts of the E-Mail Holder and we provide your E-Mail Holder and their administrator with access to your User Account information and User Content. This may happen when the E-Mail Holder’s account is established after you register for your individual User Account. We make these transfers to allow users who are part of a larger organization to take advantage of the special features and security enjoyed by our Corporate Account holders and in order to help you and your organization comply with its internal security and email usage obligations. Please note that all accounts for the Service and all applicable subaccounts (which may include your User Account), are controlled by the account administrator. In certain cases (e.g. when we are aggregating all of the accounts under a current or potential Corporate Account), we will provide you with the ability to opt-out of consolidation with an E-Mail Holder’s Account (typically by changing the email address on your account to a non-E-Mail Holder email address).
Additionally, when an E-Mail Holder creates an Account, we may notify any individuals already using the Services under an email address with the same company domain as yours so that they can be migrated to your Corporate Account.
5. Business Transfers
6. Your Privacy Settings
Opting Out of Behavioral Advertising and Tracking Tools
You can opt-out of certain Behavioral Advertising activities by doing one or more of the following. Please note that you will need to opt-out of each browser and device for which you desire to apply these opt-out features.
We believe the security of your information is a serious issue and we are committed to protecting the information we receive from you. We use commercially reasonable security measures to protect against the loss, misuse and alteration of your information under our control based on the type of Personal Data and applicable processing activity, such as data encryption in transit, data encryption at rest (for customers that elect to purchase our "private cloud" solution), pseudonymization and enforcement of least privilege and need-to-know principles.
To the extent the Service requires you to provide any Financial Account Information, such as when you purchase subscriptions to the Service, that information will be collected and processed by third-party PCI-compliant service providers. We do not store Financial Account Information transmitted through the Service, provided that we do store (or our payment processor on our behalf will store) just the last four digits of your credit card number, if you provide this to us, to comply with credit card processing requirements of authorizations, charges and chargebacks.
8. Data Retention
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with the Service and thereafter as set forth in our Service agreement with you (typically 30 days after termination of the Service, or sooner upon request (except as required by law)). In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule, or regulation. Upon disposal, we will destroy or render unreadable any such Personal Data. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
9. Interactions With Others
The Service contains areas where you may be able to publicly post information, communicate with others, submit media content and/or review goods, services, or vendors, such as discussion boards or blogs. Any information, including Personal Data that you post there, will be public and can be viewed by the public at large and therefore anyone who accesses such postings will have the ability to read, collect and further disseminate such information. We have no control over and take no responsibility for, the use, storage, or dissemination of information posted or otherwise made available on such portions of the Service. By posting Personal Data online in public forums, you may receive unsolicited messages from other parties.
10.1. Your Personal Data Accessing, Editing and Removal
You have certain rights with respect to your Personal Data and we want to help you review and update your information to ensure it is accurate and up-to-date. We may limit or reject your request in certain cases, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, if it is not required by law, or if the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question. In some cases, we may also need you to provide us with additional information, which may include Personal Data, to verify your identity and the nature of your request. We will take reasonable steps to respond to all requests within 30 days (or less!).
If you are an ExamsKit Account holder, you can accomplish most of the following by logging into your User Account or, for those using Corporate Accounts, by contacting your account administrator. You can also contact us directly if you have any additional requests or questions:
10.2. How to Cancel Your Account?
You may close an account and upon termination of your User Account, we will take reasonable steps to provide, modify, or delete your Personal Data as soon as is practicable. However, ExamsKit may nevertheless retain your Personal Data to protect the business interests of ExamsKit, ExamsKit Affiliates, vendors and other users and some information may remain in archived/backup copies for our records or as otherwise required by law. Those interests include without limitation the completion of transactions, maintaining records for financial reporting purposes, complying with our legal obligations, resolving disputes and enforcing agreements.
10.3. Users from California
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personal Data that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the proceeding calendar year. In particular, the law provides that companies must inform consumers about the categories of Personal Data that have been shared with third parties, the names and addresses of those third parties and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by ExamsKit pursuant to Section 1798.83 of the California Civil Code, please contact as set forth above.
10.4. Non-US users
In operating the Site, we process data as a controller (as such terms are defined in EU General Data Protection Regulation). As a controller, the Site is committed to fulfill data subjects' ("Users") GDPR rights.
11. Implement and Expedient
13. Rights of Children
Our Service is not intended for children under the age of 13 (16 in the EU) and therefore, ExamsKit does not knowingly acquire or receive Personal Data from children under the age of 13 (16 in the EU). If we later learn that any user of our Service is under the age of 13 (16 in the EU), we will take appropriate steps to remove that user’s information from our account database and will restrict that individual from future access to the Service.
14. How to Contact Us?
1. General Information about Cookies
2. Session Cookies vs. Persistent Cookies
Cookies can either be "session Cookies" or "persistent Cookies". Session Cookies are temporary Cookies that are stored on your device while you are visiting our Website or using our Service, whereas "persistent Cookies" are stored on your device for a period of time after you leave our Website or Service. The length of time a persistent Cookie stays on your device varies from Cookie to Cookie. We use persistent Cookies to store your preferences so that they are available for the next visit and to keep a more accurate account of how often you visit our Service, how often you return, how your use of the Service may vary over time. We also use persistent Cookies to measure the effectiveness of advertising efforts. Through these Cookies, we may collect information about your online activity after you leave our Service.
3. Cookies from 3rd-party
Some Cookies are placed by a third party on your device and may provide information to us and third parties about your browsing habits (such as your visits to our Service, the pages you have visited and the links and advertisements you have clicked). These Cookies can be used to determine whether certain third party services are being used, to identify your interests, to retarget advertisements to you and to serve advertisements to you that we or others believe are relevant to you. We do not control third party Cookies, however users may opt out from certain third party Cookies (e.g. Retargeting/Advertising cookies) by using our TrustArc cookie management solution (see Cookie Settings below).
4. What types of cookies do we use and for which purposes?
4.1. Essential Cookies
Essential (or "Required") Cookies that are required for providing you with features or services that you have requested. For example, certain Cookies enable you to sign in to secure areas of our Website or use a shopping cart feature within our Service. Disabling these Cookies may make certain features and services unavailable.
4.2. Functionality Cookies
Functional Cookies are used to record your choices and settings regarding our Service, maintain your preferences over time and recognize you when you return to our Service. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
4.3. Performance & Analytical Cookies
Performance/Analytical Cookies allow us to understand how visitors use our Website and Service such as by collecting information about the number of visitors to the Website, what pages visitors view on our Website and how long visitors are viewing pages on the Website. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Service's content for those who engage with our advertising.
4.4. Retargeting & Advertising Cookies
Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you.
5. Cookie settings
You can decide whether or not to accept Cookies. One way you can do this is through your internet browser's settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your computer. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some Service and functionalities may not work.
To explore what Cookie setting are available to you, look in the "preferences" or "options" section of your browser's menu. We also allow you the ability to opt out of certain types of Cookies by clicking on the cookie banner when you first enter the applicable website (for EU users), or by clicking here to adjust your cookie settings.