Privacy Policy
 

TestOut Corporation Privacy Policy

Effective Date: January 1, 2019

This Privacy Policy describes the types of information we may collect from you or that you may provide to us when you visit www.testout.com or testoutce.com (the "Websites"), or use the LabSim web-based application (the "Application"), collectively (the "Services"), and our practices for collecting, using, maintaining, protecting and disclosing such information.

Please read the following carefully to understand our practices regarding the collection and use of your personal information. By engaging with our Services, you acknowledge you have read and understood this Privacy Policy.

Table of Contents

  • The Information We Collect
  • Where We Store Your Data
  • How We Use Your Information
  • Disclosure of Your Information
  • Updating, Correcting or Deleting your Personal Data
  • Lawful Basis for Processing
  • Data Security
  • Changes to this Privacy Policy
  • How To Contact Us Regarding This Privacy Policy

THE INFORMATION WE COLLECT

Information you give to us:

This is information about you that you give us directly when you interact with us. You may give it to us by filling out a form on our Websites, corresponding with us by phone, e-mail, or at an in-person event. It includes information necessary to receive product and service information, register for an Application account, pay for a license or subscription, or place an order for other services we provide. It also includes information shared when you submit a query to Customer Support or report feedback about or a problem within our Services. When you create an account for the Application, we require you provide us your first name, last name, and email address. When you make a purchase from us, we do not store sensitive cardholder data such as full credit card numbers or card authentication data on any of our systems.

Information we collect about you from your use of our Websites:

Using cookies and other technologies, we may automatically collect information from you each time you visit our Websites. This includes technical information, information about your visit, and information about your activity on our Websites such as courses searched and viewed, length of visit to certain pages, page interaction information (such as scrolling, clicks, and mouseovers), methods to browse to and away from a page, and methods used to contact our sales and support teams. Technical information may also include the Internet protocol address used to connect your computer to the Internet, browser type and version, operating system, and device platform. See "Cookies and Other Technologies" below for more information.

Information we collect about you from your use of our Application:

We will automatically collect information from you each time you use our Application. This includes the Internet protocol address used to connect your computer to the Internet, browser type and version, operating system, and device platform. It also includes progress data related to your use of the Application - including time spent on and the results of lessons, videos, labs, exams, etc.

Information we receive from other sources:

This is information we receive about you from third parties that we work closely with to provide, promote, and improve our Services. These third parties include advertising networks, analytics providers, and search information providers.

Our role and responsibility when handling your personal information:

Data protection laws require companies to describe their role and responsibility when handling personal information:

  • When users access our Websites and view information about us and our technology, communicate with us, contact our Customer Support department, download whitepapers, register for events, etc, we are the data controller.
  • When an individual signs up directly as a user of the Application (not as part of a school or employer), TestOut is the data controller for all personal information provided by that user and collected by the Application as the user accesses and uses it. This personal information typically includes first name, last name, and email address.
  • When an individual engages with the Application because their school or employer has signed up to use our services, then the user's school or employer is the data controller with respect to the user information it provides to us. This information typically includes first name, last name, and email address. Where your school or employer is a data controller in this way, we act as a data processor under data protection laws, meaning we use the information to provide a service to your school or employer.

Cookies and Other Technologies

When you use our Services, we may use cookies and other technologies in order to facilitate and customize your use of our Services. Most browsers automatically accept cookies, but you can change your browser settings to decline cookies by consulting your browser's support articles. If you decide to decline cookies, please note that you may not be able to sign in, customize, or use some features of the Services. In particular, the Application may not function correctly if cookies are not enabled. You can limit the duration that cookies are stored on your computer, while still allowing the Websites and Application to function correctly, if you use the "private" or "incognito" mode of your browser to access the Services.

WHERE WE STORE YOUR DATA

By submitting your personal data and/or using our Services, you agree to the transfer, storing and processing of your personal data outside of the country where you reside. We take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy. For more information, see the "Data Security" section below.

HOW WE USE YOUR INFORMATION

We use information held about you in the following ways:

  • To facilitate your use of our Application, including communicating with you about your account or the availability of our Services
  • To present content from our Services in an effective manner for you and for your computer and browser configuration
  • To facilitate the technical functioning of the Application, including troubleshooting and resolving issues and securing the Application
  • To improve our products and services, and to develop new products and services
  • To process your requests and orders of products and services and for technical support
  • To provide you with information, products or services that you request from us or which we feel may interest you
  • To carry out our obligations arising from any contracts entered into between you and us, including for billing and collection
  • To provide Application progress information to authorized personnel at your school or employer
  • To send you advertising communications regarding our various products and services. Note that TestOut does not send advertising/marketing communications to students who are currently enrolled at a school.
  • In any other way we may describe when you provide the information or when we prompt you regarding a new use of information about you

DISCLOSURE OF YOUR INFORMATION

We do not sell, trade, rent or disclose your information to others, except as provided in this Privacy Policy. There are two instances in which data collected from you may be transferred to a third party. The first is in the event that the business of this site and the customer data connected with it is sold, assigned, or transferred, in which case we will require the buyer, assignee or transferee to treat personal data in accordance with this Privacy Policy. The second instance is if we are required to do so because of an applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of any legal or criminal investigation.

UPDATING, CORRECTING OR DELETING YOUR PERSONAL DATA

Right to Access Your Data: You can ask us for a copy of your personal data in machine readable form.

Amend or Rectify Data: You can edit some of your personal data through your Application account. You can also ask us to amend your data in certain cases, particularly if it is inaccurate.

Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held).

Delete Data: You can ask us to erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide Services to you).

You may access, request deletion, and correct your personal data by submitting a data request through Customer Support at www.testout.com/support or by writing to us at the address at the end of this Privacy Policy.

With respect to your communications preferences, you can unsubscribe from our marketing mailing lists by following the instructions included in any marketing email messages you receive or by visiting our marketing opt-out page at: http://www.testout.com/optout. Please note that we may not include the opt-out information in e-mails that are transactional in nature and are not marketing-related communications (i.e., e-mails concerning your order, notification of updates to this Privacy Policy, issues with the availability of our Services, etc.). If you have questions or concerns regarding a non-marketing e-mail, please contact Customer Support at www.testout.com/support.

LAWFUL BASIS FOR PROCESSING

We will only collect and process personal data about you where we have lawful basis. Lawful basis include consent (where you have given consent), contract (where processing is necessary for the performance of a contract or agreement with you (e.g., to deliver the Services you have requested), and other legitimate interests.

Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object.

DATA SECURITY

Access by you to your Application account is available through a unique username and password selected by you, or through an integration between your school/company LMS system and the Application. We recommend that you do not divulge your username and password to anyone, and that you change your password often using a combination of letters and numbers. We cannot be held accountable for activity that results from your own neglect to safeguard the secrecy of your username and password. If you share a computer with anyone, you should always log out of your account after you are finished in order to prevent access to your information from subsequent users of that computer.

We store your personal information only on servers with limited access that are located in secured facilities, and use a variety of technologies and procedures intended to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. All Application data is fully encrypted both in transit and at rest using industry-standard encryption methods. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal data, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our Services cannot be guaranteed and we shall have no liability to you or any third party for loss, misuse, disclosure or alteration of such information; and (c) any such information and data may be viewed or tampered with in transit by a third party.

In the unlikely event that we believe that the security of your personal data in our control may have been compromised, we will try to notify you. To the extent you have provided us with your email address, we may notify you by email and you agree to our use of email as a means of such notification. If you prefer for us to use another method to notify you in this situation, please contact Customer Support at www.testout.com/support with the alternative contact information you wish to be used.

INFORMATION ABOUT OUR PARTICIPATION IN PRIVACY SHIELD

TestOut Corporation 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. We have certified to the Department of Commerce that we adhere 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.

Under the EU-U.S. Privacy Shield Framework, we are responsible for the processing of information about you we receive from the EU and onward transfers to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for such onward transfers and remain liable in accordance with the Privacy Shield Principles if third-party agents that we engage to process such information about you on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, TestOut Corporation 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 us at: [email protected]

Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov, including when other dispute resolution procedures have been exhausted, you may invoke binding arbitration.

We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order, or similar legal process served on us or our Site.

CHANGES TO THIS PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Websites and this Privacy Policy to check for any changes.

Your continued use of the Services after such modifications will constitute your agreement to the updated terms of the modified Privacy Policy.

HOW TO CONTACT US REGARDING THIS PRIVACY POLICY

If you have questions, concerns or complaints regarding this Privacy Policy, please contact Customer Support at http://www.testout.com/support or by email at [email protected]. You can also reach us by physical mail at the addresses below.

TestOut Corporation
50 S Main Street
Pleasant Grove, UT 84062

We will respond to your request within 45 days.

DISPUTE RESOLUTION

Within the scope of this privacy notice, if a privacy complaint or dispute cannot be resolved through TestOut Corporation's internal processes, TestOut Corporation has agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here: https://www.verasafe.com/privacyservices/dispute-resolution/submit-dispute/