ACT Assessment Technologies Privacy Policy

ACT Assessment Technologies, Inc. Non-HR Privacy Policy
Effective Date of Implementation: 09-29-16

Please note: ACT Assessment Technologies’ (AT) website is currently under construction. AT is a newly formed company. This AT Non-HR Privacy Policy is provided to ensure the Department of Commerce and other concerned parties of AT’s commitment and compliance with the EU Privacy Shield. Upon completion of the website, AT will post this privacy policy on its website. Also please note that Pacific Metrics is a subsidiary of AT and has posted a similar privacy policy for the EU Privacy Shield on its website.

A.   Scope of this Policy

At ACT Assessment Technologies, Inc. (“AT”) we recognize the importance of protecting the privacy of personal information (also referred to as personally identifiable information also referred to as “PII”). This policy explains how AT collects, uses, maintains, shares, and protects your information when you provide personal information to us through our customers, i.e., your schools or similar educational organizations (“AT Education Clients”) when you and they participate in AT’s test assessments, programs and services. Such personal information is collected by AT’s Education Clients and delivered to AT online, via FTP upload or uploaded onto our testing programs software directly. AT is a participant of the EU-US Privacy Shield (see below). “You” or “your” as used herein shall mean a student whose school or educational organization participates in an AT program or uses an AT product or services or such student’s family or guardian or parents.

B.   Children’s Privacy

We do not accept personal information directly from students. Our AT website is not intended to be used by children under the age of 18. If you are under the age of 18, please do not use our website.

C.   Types of Personal Data and Information AT Collects

  • Personal Information: Personal information is information that AT collects that identify you, such as your name, address, unique student identification, test scores in some cases and social security numbers. It does not include anonymized, aggregate or statistical information. Based on your relationship with us, you may be asked to provide certain personal information required for test assessments.
    • Purpose for which AT Collects and Uses Your Personal Information
      Personal information may be used by AT to: administer AT test assessments, provide test score reports to AT Education Clients; review and/or improve products, programs or services; conduct educational research and analysis consistent with Pacific Metrics’ mission for educational testing. AT only collects personal information that is relevant for the purposes of its services and is consistent with the consent given by the individual.
  • Non-personally Identifying Information: When you visit the AT Website, AT may collect and store general Internet data, including your internet protocol (IP) address, domain name, browser type, date and time of access, which web pages on the Website you visited, the referring Uniform Resource Locator (URL), and how long you spent on each page.
    • How AT uses Non-personally Identifying Information
      This information may be collected to assist us in administering and making improvements to the Website, to enhance security, and for statistical analysis. AT may contract with other companies and individuals to facilitate these services (e.g., maintenance, analysis, audit, development), who will have limited access to your non-personally identifying information and only use it to perform those services on our behalf. Non-personally identifying information also includes information collected through the Website and offline that is maintained by AT in aggregate or de-identified form(s). This information is collected and may be used for research purposes, to inform public policy and advocacy, and for reporting purposes such as to education institutions, state agencies, and businesses.

D.   Information Sharing and Disclosure

AT will not sell or disclose personal information we collect through our website, offline or through our products except as consistent with your choices, as described in the specific terms and conditions for AT’s programs, products or services or as set forth below. AT may share personal information with its vendors but only for the same purposes for which AT received such personal information from AT Educational Clients as set forth above. Examples include handscoring and printing vendors of such test assessments (these vendors are usually other secured test assessment companies) or translation of test results by language translators all of whom are contractually bound by the terms of this AT Privacy Policy as stated herein. In addition, your personal information may be disclosed in response to lawful requests by public authorities for subpoena or other legal processes, including requests to meet national security or law enforcement requirements.

Participation in the EU-US Privacy Shield

Scope: This AT Privacy Policy in addition to this specific section addressing the EU-US Privacy Shield Policy applies to all personal information received by AT in the United States from the EU, in any format, including electronic, paper or verbal.

Privacy Principles
Notice: AT participates in and complies with the EU-US 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 from AT Education Clients. AT has certified to the Department of Commerce that it adheres to the Privacy Shield Principles and is committed to subject all personal information from the EU to the Privacy Shield Principles. For residents of the European Union, AT and its subsidiary company, Pacific Metrics are committed to subject to all personal data or personal information received from the EU in reliance on the Privacy Shield for collection, use and maintenance of the types of personal information as described Paragraph C above.

Link to privacy policy of Pacific Metrics.
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 the Privacy Shield List at www.privacyshield.gov.

Accountability for Onward Transfer: In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, please note that AT does not transfer personal information to third parties other than vendors who are contractually bound to assist AT in providing its services. In our agreements terms are included that obligates our vendors to provide at least the same level of protection as is required by the EU-US Privacy Shield Principles, provides that the data may be processed only for limited and specified purposes consistent with your consent, that the vendor will notify AT if it can no longer meet these obligations and that upon termination of the contracts shall take agreed to steps to return or destroy such data to protect it from unauthorized disclosure. Nonetheless, AT is potentially liable for appropriate onward transfers of personal information to third parties who do not comply with the Privacy Shield Principles.

Choice to Limit Use and Disclosure of Personal Information: If you are a student of a AT Education Client and would like to opt-out of disclosing your personal information or wish to limit the use and disclosure of your personal information, you or your parents may contact your school or educational organization (AT Education Client(s). Such AT Education Clients are under contract with AT and are the initial collectors of your personal information and in that capacity, act as agents for AT in the initial collection of your personal information. You may also contact AT through its subsidiary Pacific Metrics at cmoreland@pacificmetrics.com to indicate that you would like to opt-out.

Access, Correction and Updating of Your Information: You may access, correct or update personal information you have provided by contacting AT through its subsidiary Senior Counsel and Chief Data Privacy Officer, Cheryl Moreland at cmoreland@pacificmetrics.com

Inquiries or Complaints: In compliance with the EU-US Privacy Shield Principles, AT commits to resolve complaints about our collection or use of your personal information. Individuals in the European Union with inquiries or complaints regarding our Private Shield policy should first contact AT through its Chief Data Privacy Officer:

  • Cheryl Moreland, Senior Counsel and Chief Data Privacy Officer
    ACT Assessment Technologies c/o Pacific Metrics Corporation
    (831) 383-5472
    1 Lower Ragsdale Drive, Building 1, Suite 150
    Monterey, CA 93940
    cmoreland@pacificmetrics.com

Under certain conditions, you may submit unresolved Privacy Shield complaints to JAMS, our Alternative Dispute Resolution (ADR) Provider based in the US. JAMS can be contacted at: 160 W. Santa Clara Street, Suite 1600, San Jose, CA 95113 USA (408) 288-2240. This recourse mechanism is available to you at no cost.
Under certain conditions, you may invoke binding arbitration.
AT’s compliance with this Policy and the EU-US Privacy Shield Framework is subject to the Federal Trade Commissions’ investigatory and enforcement powers.

Retention of Information

AT will retain your information for as long as is necessary to fulfill any of the uses identified in this privacy policy or to comply with applicable legal, regulatory or court orders.

Security and Confidentiality Commitment

Protecting personal information through the use of reasonable administrative, physical and technical safeguards is important to AT. AT has security protocols and measures in place to protect your personal information from unauthorized access, alteration, and unlawful disclosure. To the extent practicable, AT protects the confidentiality of all information we collect. Accordingly, AT prohibits the unlawful disclosure of personal information. When AT disposes of personal information, we take reasonable measures to protect against unauthorized access to such information.

Changes to this Policy

AT reserves the right to modify this privacy policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices.

Business Transactions

AT may assign or transfer this Policy including any personal information, to any person or entity that acquires all or substantially all of the business, stock or assets of AT, or is merged with AT.

Contact Us

If you have questions regarding this Policy or about the privacy practices of AT, please contact us by email at cmoreland@pacificmetrics.com.