Privacy Policy

Introduction

Effective February 24, 2021

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.

For purposes of this Privacy Policy “Personal Data” is any information that can be used to identify you or that when added with other Personal Data can be linked to you and includes, but is not limited to personal contact information (name, street address, zip code, email address, phone number, residence and country of citizenship). We may also collect or receive the following additional Personal Data at registration or in the testing process, as necessary or appropriate, including, but not limited to financial information (credit or debit card numbers) and biometric information (face scan, keystroke pattern). In some cases, we may handle so-called ‘special categories of Personal Data’ 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) provide your biometric (palm vein) template where permitted by law; 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 Data 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 Data.

In this privacy policy we use the terms “Data Controller” and “Data Processor”. These terms have special meanings. “Data Controller” means the organization or person that determines the purpose and means of the processing of personal data. “Data Processor” means the organization or person that processes personal data on behalf of the Data Controller. Except when stated otherwise, Kryterion is acting as a Data Processor.

Your Rights and Responsibilities

You agree that by visiting and/or providing, transmitting, or having another party you have authorized to provide or transmit your Personal Data 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 Data. 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 Data to us; however, if you decide to not provide to us your Personal Data 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 Data 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 Data only for the purposes set forth herein.

As the subject of the Personal Data collected, you have rights related to the Personal Data that we hold about you. 

At any time, you have the right to:

• Access—The right to be provided with a copy of your Personal Data—subject to the approval of your test sponsor.  
• Rectification—The right to correct any mistakes in your Personal Data—subject to the approval of your test sponsor.
• Deletion—The right to request deletion of your Personal Data—subject to the approval of your test sponsor. 
• Restriction of Processing—The right to restrict the processing of your Personal Data—in certain circumstances, e.g., if you contest the accuracy of your personal data—subject to the approval of your test sponsor.
• Data Portability—The right to have your Personal Data transferred to a third party in a machine-readable format—subject to the approval of your test sponsor.
• To Object—The right to object to how your personal data is used—subject to the approval of your test sponsor.

Your California Privacy Rights

California grants certain rights to California residents. These include:

• Right to Access—Request a copy of the personal information Kryterion has collected about me.
• Right to Know—Disclose the categories of personal information collected about me, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting personal information, the categories of third parties with whom Kryterion shares personal information, and the specific pieces of personal information collected about me.
• Right to Deletion—Request deletion of the personal information Kryterion has collected from me.

Please visit our Privacy Notice for California Residents for additional information about our processing of personal information and your California privacy rights.

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 data. Decisions regarding any request you make about your personal data 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.

Our Rights and Responsibilities

We will provide you access to these Rights and Responsibilities and any subsequent updates. We encourage you to periodically review this Privacy Policy to learn more about our information practices as they change over time. We reserve the right to update this Privacy Policy periodically, without notice. A change in the effective date will indicate that the Privacy Policy has been updated. Any changes to our Privacy Policy will become effective upon posting of the revised Privacy Policy on our Site(s). Your use of our Site(s), and any of our products and services following such changes constitutes your acceptance of the revised Privacy Policy then in effect.

We rely on the following legal grounds to process your Personal Data:

Performance of a contract.
We may need to collect and process your Personal Data as necessary to perform services subject to a contractual agreement with you. Examples of our legal grounds to process your Personal Data 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 Data consistent with this Privacy Policy.

Legitimate interests. We may use your Personal Data 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 Data with operational, administrative, technical, and physical security safeguards.

Description of Certification, Licensure and Academic Admission Test Services

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 Data 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 Data 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 Data is voluntary but may be necessary if you wish to receive certification, licensure, or academic admission testing services. We will retain your Personal Data 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 Data, 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 Data 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 Data, 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 Data 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 Data We Collect

We use Personal Data 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 Data include, but is not limited to:

• We will use your Personal Data to provide test delivery services to you, including test scheduling and administration, maintaining the integrity of the testing process, and score reporting as directed by your test sponsor.
• Personal Data is also used for our legitimate business purposes as needed to manage day to day business needs including, but not limited to, payment processing and financial account management, business planning and forecasting, security and fraud prevention, and compliance with legal and regulatory obligations.
• To request to limit the use and disclosure of your personal information, please submit a Data Subject Request Form. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Independent Testing Centers

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 data 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 data 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 

Description of 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 Data we encourage you to review the test sponsor’s privacy policy.

Personal Data Collected for Online Proctoring Test Services 

All of the same Personal Data 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 video-tapes 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. 

eCommerce 

Description of eCommerce Services

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.

Personal Data Collected for eCommerce Services

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 Data that we may collect includes:

• Contact information, as well as purchase history, and payment information.
• Information regarding your use of the Site (i.e., pages visited, files downloaded).

How We Use the Personal Data We Collect

We use the Personal Data 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.

Information Received from Internet Service Providers Through this Site

This Site receives information that is automatically generated by a user’s Internet service provider (ISP), browser or mobile device. This information may include the IP address, the associated URLs, domain names, the browser type, the approximate location of the ISP’s servers, the pages of our Site that the user views, and any search terms entered on this Site. This information may be collected for unicorns system administration purposes, to gather broad demographic information and to monitor the level of activity on the Site. We reserve the right to link this information to your Personal Data in order to protect the integrity of our system and for security purposes.

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. 

Disclosure and Transfer of Information

We will comply with the privacy and data collection laws of the jurisdiction of the individual from whom the information is being collected. Personal Data and information of exam candidates located outside of the United States will be transferred to Kryterion, test sponsors and data processors in the United States and elsewhere in the world only to facilitate the purpose for which it was collected. Our computer operations are currently based in the United States. The Internet is a global environment. By using this Site and sending information and Personal Data to us electronically, you consent to trans-border and international transmission of any data that you may choose to supply us to any country in the world, including countries without an adequate level of data protection. Information and Personal Data transmissions to this Site and emails sent to us may not be secure. Given the inherent operation and nature of the Internet, all Internet transmissions are done at the user’s own risk.

Transfer of Information to Test Sponsors (if applicable)

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 Data through a third party acting upon your direction and on your behalf, you agree to allow your Personal Data 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 Data 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 Data 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.

Other Disclosures and Transfer of Information

We may disclose Personal Data 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 Data 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 Data requiring that such subcontractors and/or agents protect the Personal Data in a manner that is consistent with EU GDPR. All subcontractors and/or agents will be instructed that they may only use the Personal Data for the purposes identified by Kryterion. In cases of onward transfer to third parties of Personal Data of EU individuals received, we are not responsible for the processing of Personal Data by any third party, other than those third parties acting as our subcontractors to process data on our behalf.

Kryterion adheres to the Privacy Shield Principles and complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States.  Kryterion has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit  https://www.privacyshield.gov/. For purposes of our participation in the Privacy Shield, Kryterion confirms that we are subject to the jurisdiction of the United States Federal Trade Commission (FTC), and to its investigatory and enforcement powers.

International Users

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 adequately in accordance with this Privacy Policy. 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 above.

In compliance with the Privacy Shield Principles, Kryterion commits to resolve complaints about our collection or use of your personal information.  EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Kryterion at:[email protected].

Kryterion has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU.

If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.

If you still believe that your complaint or dispute has not been resolved, you can invoke binding arbitration as a last resort (if permitted with respect to your complaint), by providing notice to us in the manner indicated in Annex I to the EU – U.S. Privacy Shield Principles, available online, and following the procedures set forth in such Annex. The location of the arbitration will be in the United States.

Please note that, despite the Court of Justice of the European Union’s invalidation of the EU-US Privacy Shield Framework as a mechanism for transfers of personal data between the EU and the U.S. in Case C-311/18, Kryterion intends to maintain its self-certification under the EU-US Privacy Shield Framework and remains committed to complying with the Privacy Shield Principles. Kryterion will no longer rely on Privacy Shield as a mechanism to transfer personal data from the European Economic Area to the United States. For more information on the U.S. Department of Commerce’s continued administration of the Privacy Shield program, please visit https://www.privacyshield.gov/article?id=EU-U-S-Privacy-Shield-Program-Update.

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 Data, 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.

Cookies

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

How to Manage Cookies

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. 

Resolution of Concerns

Kryterion commits to resolve complaints about your privacy and our collection, use, transfer, or processing of your Personal Data. 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.

Changes to Our Privacy Policy

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 Data 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].

2022 © Kryterion, Inc. All Rights Reserved.