(Effective 11/15/2023) 

The National College Testing Association ("NCTA", the "Organization", "we", "us" and/or "our") has prepared this Privacy Policy ("Privacy Policy") to explain how we collect, use, protect and disclose information and data that You provide or make available to NCTA in the course of evaluating, requesting, using, supporting or receiving services offered by the Organization, including but not limited to, membership, research and administration of testing services and programs, including issues relating to test administration, testing standards and best practices, accessibility and irregularities in testing, as well as the certification of proctors through the NCTA Proctor Certification Exam delivered and remotely proctored by Meazure Learning (“Proctor Certification”), the certification of Test Centers, operated websites, Internet-based services, virtual and in-person conferences and conference registration platforms, virtual and in-person training and professional seminars, and other services offered through or in collaboration with Organization business partners, ,and other third parties in collaboration with the Organization (collectively, the "Services"). 

The Services are intended for use by testing professionals in post-secondary institutions, in companies offering test-related products and services, in other professional testing venues, as well as proctors and other test center staff. All websites operated by NCTA are referred to herein as the "Site." "You" and "Your" as used in this Privacy Policy refers to any user of the Site or Services, whether You use the Site or Services for Yourself or on behalf of another person. If You are under the age of 18 do not use the Site or the Services. 

BY USING THE SERVICES OR THE SITE, YOU CONSENT AND AGREE TO ALL TERMS CONTAINED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, DO NOT USE THE SERVICES OR THE SITE. 

Copyright Notice 

All content on the Site and contained or provided with the Services is owned exclusively by the Organization and is protected under U.S. Copyright and other state, federal and international laws concerning the protection of intellectual property and the rights granted therein. You are not authorized to copy, distribute or publish any content contained on the Site or within the Services without an explicit agreement in writing, signed by an authorized officer of the Organization. 

Information We Collect 

Personal Information 

If You use the Services,  create a membership account for Yourself on the Site (a "User Account"), apply to become a certified Test Center, or register to take the Proctor Certification, we and our authorized and trusted test administration and proctoring vendors, and other service providers acting on our behalf collect information that personally identifies You, such as Your name, address including Country/Region, email address, username and password, phone number, and other personally identifiable information and data about You for the purposes of providing the Services. In the course of providing certain Services, we and/or our authorized service providers may also collect and/or review information that includes Your financial account and payment information, test scores and all related testing data that are identified as Your scores and test response data, health and disability information for the purposes of supporting accommodations request(s), a digital photographic image of Your face, and video and audio recordings taken during Proctor Certification administration.  

If you register to attend or participate in any Events (as further defined below) we will collect the following Personal Information about you: name, email, organization/company, preferred pronouns, business address including country  and business phone number. 

When You use the Site or Services, we or our authorized and trusted vendors will also collect information regarding the actions You take on the Site and when You make use of the Services (“Usage Data”).  Examples of Usage Data we may collect include: the type of Web browser You use, Your operating system, Your web requests, Your Internet Service Provider, Your IP address, referring/exit pages and URLs, the pages You view and how You interact with links on the Site and Services, comments and other content You post via the Services, the time and duration of Your visits to the Site or use of the Services and other such information. We may also collect data that identifies the device You use to access the Site, Your device’s unique device ID, the IP address of Your device, Your operating system, connection type (e.g. WiFi vs. cellular) and GPS technology (or other similar technology) to determine Your current location when You use a mobile device to access the Site. To the extent any of the information or data described in this paragraph can identify You as a person, we consider such information and data to be private and confidential Personal Information and/or Personal Data and will not use or disclose it except as necessary to provide the relevant Services You purchase and/or subscribe to and as further described in this Privacy Policy.  If You do not want us to have Your location information, You should turn off the location services before accessing the Site from a mobile device. 

Usage Data, Site Activity and Location Information 

We and our authorized and trusted test administration and proctoring vendors and other service providers acting on our behalf automatically collect Usage Data. Usage Data helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor our Services. This Privacy Policy in no way restricts or limits our collection and use of Usage Data, and we may share Usage Data with third parties on an aggregate and anonymized basis only for various purposes, including to help us better understand our customers’ needs, improve our Services and as part of strategic alliances and/or partnerships with trusted third parties with whom we have agreements for such purposes. Usage Data that is aggregated and anonymized will never be capable of identifying You.  We may store such Usage Data itself and/or such information may be included in databases owned and maintained by Organization affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to our Site or users of our Services, or the number of visitors to each page of our Site. We use this information to help us understand how people use the Site and Services, and to enhance the Site and Services. 

Cookies and Web Beacons 

We and our authorized and trusted test administration and proctoring vendors and service providers acting on our behalf use cookies (a small text file placed on Your computer to identify Your computer and browser). We may also use Web beacons (a file placed on a website that monitors usage). We use cookies and Web beacons to improve the experience of the Site and Services, such as pre-populating Your username for easier login, to allow user-specific messaging or to permit user-specific advertising. We do not use cookies or Web beacons to collect Personal Information. Most Web browsers are initially set up to accept cookies. At this time, the Organization does not recognize automated browser signals regarding tracking, including "do-not-track" signals. You can remove persistent cookies and change Your privacy preferences by following directions provided in Your Internet browser’s "help" directory. However, certain features of the Site or Services may not work if You delete or disable cookies. Some of our service providers may use their own cookies and Web beacons in connection with the services they perform on our behalf, as further explained below. 

Managing Your Information Preferences 

If You have a User Account, You can always review, correct, or update Your Personal Information (defined below) by changing the relevant settings in Your User Account. You can opt out of receiving certain emails by changing notification settings on the Site or in our applications, clicking the unsubscribe link provided in an email, or by emailing us at [email protected]. You may also have the right to opt out of sharing certain Personal Information. If You have questions or concerns regarding how to manage your information preferences, please email us at [email protected].  Note that some limitations may apply to Your ability to correct or update Your Personal Information based on your location of residence.   

How We Use Information and When We May Share and Disclose Information Generally 

We may use Your Personal Information for the purpose for which it was provided, including without limitation for the purposes described further below: 

●   Provision and Monitoring of the Services: We and our authorized and trusted test administration and proctoring vendors and service providers acting on our behalf will use Your Personal Information to deliver and to monitor Your use of the Services. We will share Your Personal Information with subsidiaries, affiliates, and NCTA Service Providers (as that term is defined below) as necessary to deliver the Services. 

●   NCTA Conferences and Professional Development Events: If You register for and/or participate in any NCTA Conference or Professional Development Event, whether in-person or virtually (collectively, "Events"), NCTA will collect Personal Information from and about You and use it to provide You with information and services associated with the Events, and share Your Personal Information with members, sponsors, partners and third-party service providers, as applicable to fulfill Your request to participate in Events and receive Services from NCTA and for the purposes of administration and management of the Event. As an attendee, You will be identified in the attendee list and, when made available by NCTA for any Event, You will have access to third-party applications and/or platforms that may include messaging features. These third-party applications are designed to help You find and connect with Your peers before, during and after the Event. Other attendees can view the profile information You supply within third party applications but will not have access to Your personal email address, or any other contact information about You, unless You choose to explicitly provide it to them in Your online profile, posts, messages, meeting invitations, or another method of Your choice. Event Sponsors, if applicable, will have access to your email address and related contact information that You provide to NCTA at the time of registration for the Event. NCTA will collect certain information about You and use it to provide You with information and services associated with the Event (as applicable).   

All third parties that provide applications, platforms and support to the Organization in connection with Events are required to respect the security of Your Personal Information and to treat it in accordance with applicable law. We do not allow our third-party service providers to use Your Personal Information for their own purposes and only permit them to process Your Personal Information for specified purposes and in accordance with our instructions. If third-party service providers request Your Personal Information directly from You, it is your decision whether to share it.  The Organization shall have no responsibility for the use of Your Personal Information where you have authorized a third party to collect, access, use or process it. 

The Organization may also take still photographs and video and audio recordings of You while You participate in Events and may broadcast and/or stream Events live for virtual components of the Events.  NCTA may also make recordings of the audio and video elements of Events and replay and rebroadcast those recordings, which may include Your image and voice. By participating in Events, You are consenting to video recordings, audio recordings, and photos of You to be used during and after the Events. This includes the release, publication, exhibition, or reproduction of such assets for promotional purposes, social media posts, website resources, press releases, podcasts, On Demand, Webinars, and NCTA and Event partner or sponsor communications. 

●   Surveys, Contests and Other Special Offers: From time to time, we may offer our users the opportunity to participate in surveys, contests and other special offers. If You elect to participate in these services, You will need to provide certain Personal Information and we will use it as necessary to deliver the relevant services. We and/or our trusted partners and/or vendors may also email You for the purpose of inquiring whether You want to participate in surveys, contests, and other special offers. 

●   Questions and Requests: If You contact us by e-mail or otherwise, we will use the Personal Information You provide to attempt to answer Your question, respond to Your request and/or resolve Your problem. If You do not have a User Account, we do not regard any information submitted by You as a question or request that is private or confidential and will use and share such information in our sole discretion, as necessary for NCTA’s business purposes. 

●   Contacting You About Other Products, Services and Events: The Organization and, if You opt-in, third parties, may use Your Personal Information to contact You in the future to tell You about products, services and events that may be of interest to You. 

●   Research and Data Analysis: In an ongoing effort to better understand and serve the users of the Site and the Services, the Organization may, in support of its legitimate interests, conduct research on its customers’ and users’ demographics, test performance, interests, interactions with the Site, the Services and other data based on Usage Data and other information provided to us on the Site and in connection with the Services. This data may be compiled and analyzed on an aggregate and anonymized basis (“Deidentified Data”), and the Organization may share this Deidentified Data with researchers, consultants, test professionals, business partners, publications, and other third parties in the sole discretion of NCTA for its business purposes and/or research purposes. Deidentified Data will never be capable of identifying You. 

●   Service Improvement: We may use Your Personal Information, Usage Data, Deidentified Data and other data and information collected through the Site and Services to help us improve the content and functionality of the Site, to better understand our users and to improve the Services. 

●   Order Fulfillment: We may use Your Personal Information that You provide to fulfill any orders You may place for products or Services offered by the Organization. 

Information You Make Available to Others 

By using the Site or Services, including submission of public queries, or making public comments in parts of the Site or the Services where that is possible, You may make certain components of Your Personal Information available to others, such as Your name or username, and You may voluntarily enter text and make available comments and other content that includes additional Personal Information. Such Personal Information may be accessed by users who use the Site or the Services in parts of the Site or the Services where that is possible and it may be accessed by commercial search engines such as Google, Yahoo!, and Bing to the extent that such engines are permitted to access the Site or Services. You may also provide and upload and direct or request third parties to provide and upload Personal Information that You expressly direct us to share with designated third parties in order to participate in Services offered by us. If You direct us to share Your Personal Information with designated third parties in connection with our delivery of the Services, we will do so in accordance with Your consent and direction in the scope of our delivery of the Services. 

Service Providers 

From time to time, we may establish a business relationship with other businesses that we believe to be trustworthy and have privacy practices consistent with ours ("Service Providers"). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance of technical systems and data, accounting, legal, data analytics and data storage and management, marketing and promotions and test administration, proctoring and scoring. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature and scope of the information involved, in order to protect Your Personal Information from unauthorized access, use or disclosure. Service Providers are prohibited from using Personal Information other than as specified by the Organization and are obligated to maintain the confidentiality and security of Your Personal Information. 

Other Transfers 

We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with the Organization. We may share Personal Information and Usage Data with trusted third parties with whom we have agreements for such purposes that include strict data protection measures and explicit limitations on how the third parties can use or share such data. We will not ask for Your permission to share Usage Data and You may not opt out of Usage Data sharing. However, if we intend to share Your Personal Information with a third party not otherwise authorized to receive it, we will give You the option not to share it. If the Organization is merged, acquired, or sold, or in the event of a transfer of some or all of our assets or equity, we may disclose or transfer Personal Information and Usage Data in connection with such transaction. 

Compliance with Legal Process, Cooperation with Law Enforcement, NCTA Investigations and Protection of User Safety 

The Organization will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other content and information about You to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to or comply with legal requests (including court orders and subpoenas), to protect the safety, property or rights of the Organization or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law. We will use and disclose Personal Information as necessary to investigate, prevent, report and respond to suspected illegal activity related to the Site or the Services, including but not limited to suspected fraud, theft, cheating, hacking, potential violations of NCTA’s intellectual property rights and/or testing policies and procedures related to the Certification Exam. Finally, NCTA may disclose Personal Information if, in the course of providing the Services, it receives information or reasonably suspects or has a concern, in its sole discretion, that any user’s personal physical safety is threatened. 

Exclusions 

This Privacy Policy shall not apply to any unsolicited information You provide to the Organization through the Site or Services, by e-mail or through any other means. This includes, but is not limited to, any ideas for new products or modifications to existing products, comments about the Organization and/or its employees or contractors, the Site, the Services and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and the Organization shall be free, and You hereby grant the Organization the right to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution, in the Organization’s sole discretion. 

Data Retention 

NCTA retains data and information only for as long as necessary to provide the Services described in this Policy, to perform any contract entered into between You and the Organization, or for as long as necessary to comply with legal requirements and obligations.  

Security 

The Organization employs commercially reasonable physical, electronic, and procedural safeguards to protect the confidentiality and security of Personal Information and other information and data transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. You acknowledge and accept the data security risks of using the Site and Services. 

Children 

The Site and Services are not intended for use by minors.  If You believe that a minor has created an account or provided their information to NCTA against this Policy, please contact the Organization as detailed in the Contact Information section below, so that we can take appropriate steps to delete it.  

Third Parties/Links 

Our Site and Services may contain links or integrate with other websites and online services or allow others to send You such links. The Organization is not responsible or liable for any damage or loss related to Your use of any third-party website or online service. When You access third party websites and online services through the Site or Services, this Privacy Policy does not apply to Your use of those third-party websites and online services. You should always read the terms and conditions and privacy policy of a third-party website or online service before using it, whether directly or in connection with Your use of the Site or Services. Third parties may collect, but we do not authorize them to collect, personally identifiable information about Your online activities over time and across different websites when You use the Sites or Services. 

California Privacy Rights 

As a nonprofit organization, the California Consumer Privacy Act and the California Privacy Rights Act do not include the Organization in their scope.  Notwithstanding, the Organization commits to upholding a principle of transparency with users, and when California customers provide Personal Information to a business, they have the right to request certain disclosures if that business shares Personal Information with third parties for the third parties' direct marketing purposes. Once per calendar year the customer may request that the business provide a list of companies with which it shares Personal Information for those companies' direct marketing purposes, and a list of the categories of Personal Information that the business shares. The Organization generally does not share Personal Information with third parties for the third parties' direct marketing purposes without Your explicit consent and direction. However, if You receive a solicitation from a third party that You believe obtained Your information from NCTA without Your consent, You may request information about our compliance with this law by contacting us at: 

Contact Information 

Any such inquiry must include "California Privacy Rights Request" in the first line of the description and include Your name, street address, city, state, and ZIP code. Please note that we will only respond to one request per customer each year, and we will only respond to requests made through this email address or mail address. 

Note to International Users 

The Site and Services are hosted in the United States. If You are accessing the Sites or Services from the European Union, other countries in Europe, Asia, or any other region with laws or regulations governing Personal Information collection, use, and disclosure that differ from U.S. laws, please be advised that through Your continued use of the Site or the Services, which are governed by U.S. law and this Privacy Policy, You are providing Your consent for the transfer of Your Personal Information to the U.S.. The laws in the U.S. may not be as protective of Your privacy as those in Your location. By using our Sites or Services, You agree that the applicable laws in the U.S. will govern the collection, use, transfer, and disclosure of Your Personal Information, except as noted below. If You do not agree to these terms, do not use the Site or Services. 

Data Protection Rights 

NCTA complies with all laws to the extent applicable (“Applicable Data Protection Laws”) when it collects, processes, shares and uses the Personal Data of individuals located in jurisdictions that require organizations, even if not domiciled in such jurisdiction, to provide data subject rights to individuals in relation to their Personal Information. If You are a resident of such jurisdictions and would like to exercise any of Your rights under Applicable Data Protection Laws, some of Your rights and the actions You can take, as based on your jurisdiction, are summarized below. 

Right to Access: You may view  most of the data we have about You by accessing Your account by clicking the following link National College Testing Association or through www.ncta-testing.org.  You may also request a report that outlines the Personal Information we securely store about you.  

Right to Rectification: We strive to keep records and all data accurate. If You would like to modify an inaccurate record of Your Personal Information, in most cases You can edit the data Yourself through Your account. However, if You are unable to make a correction Yourself, You may request that we make the correction for You. 

Right to Data Portability: You may request a copy of some components of Your Personal Information to be transferred to a new system or platform. 

Right to Object: You may object to our processing of Your Personal Information in certain limited circumstances that are not related to or necessary for our provision of the Services. 

Right to Restrict Use: You may request that we restrict the processing of Your Personal Information in certain limited circumstances that are not related to or necessary for our provision of the Services. 

Right to Erasure: You may request that we delete Your Personal Information in certain extremely limited circumstances that are not related to or necessary for our provision of the Services. We will not erase any Personal Information related to an administration of the NCTA Proctor Certification Exam or a NCTA Test Center Certification. 

All data subject access rights requests must be sent via email to [email protected] with the subject line “Data Subject Request” and must include the specific details for Your request, the basis for making the request, and your resident address as reported in Your User Account. We will respond to all valid data subject access rights requests within 30 calendar days of receiving the request; however, it may take longer to fulfill Your request and in such an event we will notify you in writing. We will also require that You provide certain Personal Data to enable us to ensure that You are the person You say You are and that You are entitled to exercise the data subject access rights. If You are unsatisfied with how we handle Your request, You can find the contact information for Your local data protection authority in the European Union, the United Kingdom and Switzerland here. 

Privacy Policy Changes 

From time to time, we may change this Privacy Policy. If we change this Privacy Policy, we will give You notice by posting the revised Privacy Policy on the Site. Those changes will go into effect on the effective date shown in the revised Privacy Policy. By continuing to use the Site or Services, You consent to the revised Privacy Policy. Reviewing this page periodically or before You provide us with additional Personal Information is recommended. 

Websites Operated by the Organization 

Websites operated by the Organization presently include the following domain: 

●   www.ncta-testing.org 

In addition to the above-identified domain, the Organization may acquire and operate additional websites under domains not identified above. This Privacy Policy governs all such additional websites from the moment that they are acquired or operated by the Organization. The Organization may also transfer any of the above domains to a third party, without notice to You, in which case the privacy policy of the transferred websites will be governed by new terms established by the acquiring party. Please check this Privacy Policy for periodic updates to the list of websites operated by the Organization, as well as other changes.