© Copyright 2023 by Kryterion Inc. and Kryterion Ltd. All Rights Reserved. Your use of this website and any dispute arising out of such use of the website is subject to the laws of the USA and the United Kingdom.
Effective Date: February 24, 2021
Last Updated: February 19, 2024
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.
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.
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.
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.
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 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:
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
7776 South Pointe Pkwy W, Suite 200
Phoenix, AZ 85044
+1 (602) 659-4660
429-433 Pinner Road
Middlesex HA1 4HN
2024 © Kryterion, Inc. All Rights Reserved.
Want more information on how to start or expand a credentialing program? Fill out the form below and we’ll get back to you right away!