Welcome to Exam.net (the “Service”), provided by Exam.net US, Inc., Delaware corporation located at 1013 Centre Road Suite 403-B, WILMINGTON, Delaware (”Company”, “we” or “us”) through https://exam.net/ (the “Website”). 

The sales of Exam.net as a service is licensed to Exam.net US, Inc. by Teachiq AB, a Swedish limited company. When using Exam.net, your personal information is stored with and processed by Teachiq AB.

This document (”Privacy Policy”) is meant to help you understand what information we collect, why we collect it, how we process and store it and your rights with regard to your personal information. For the purpose of this Privacy Policy, any information that can directly or indirectly be connected to an identifiable living natural person shall be defined herein as ”personal information”.

Please note that if Exam.net is used at the direction of an educational institution, this Privacy Policy may not apply in full, and we ask you to contact your educational organization with any questions on personal information processing.

What personal information do we collect?

We strive to collect the minimum of data required to operate Exam.net and provide our services. 

When you use Exam.net, we will collect and store the following personal information:

• name
• email address
• school, group, class, or organization
• subject(s)
• IP address
• telephone number
• log data
• any information that you choose to share with us, for example in an email, website form or survey
  

The following data will be automatically collected when you use the Service:

• information about your use of the Service;
• content that you publish, upload, or create by using the Service; 
• technical data, including the URL you are accessing the Website from, IP address, information about network- and computer capacity, type of browser, language and information about identification and OS.  

How do we use your personal information?

We will never use your information for targeted advertising.  We use your personal information for the following purposes:

• to provide Exam.net to you and to make sure you can use it properly;
• to manage and administer your account with us;
• to communicate with you through email or in other ways;
• to inform you on updates of Exam.net, the Privacy Policy or other contractual agreements;
• to improve and develop Exam.net; 
• to analyze your use of Exam.net;
• to maintain technical security and prevent misuse;
• to fulfill any contractual agreements, including protecting our rights, our property and security; and
• to fulfill requirements to comply with applicable laws.

Legal grounds

We collect and process your personal information based on the following legal grounds:

• Fulfillment of contract: to provide you with Exam.net in accordance with the agreement entered into between the educational institution subscribed to our services and us, or to take necessary steps based on the requests of a user prior to entering into an agreement. 
• Legitimate Interest: we may also use your personal information based on our legitimate interest to operate, administrate, maintain and improve our Website and our Services to you, including responding to requests from you. This also includes sending information connected to Exam.net, based on our customer relation with you.

You have the right to object to the processing of personal information based on a legitimate interest. If we receive your objection, we will inform you on the basis on which we have balanced our legitimate interest against yours as an individual.

Who do we share your personal information with?

We do not sell your personal information to any third party for marketing purposes. We only share your personal information with a third party in the following situations:

• we may share your personal information with our third party service providers, such as hosting providers and email service providers, so that they can provide services to us. Such third parties are bound by confidentiality agreements and do not have the right to use your personal information other than what is necessary to perform the tasks required by us.  We maintain a list of these third party service providers and require them to protect student data in a manner no less stringent than this policy.
• if we have a legal obligation to disclose information or it is necessary in order to protect our rights
• we may share de-identified information or aggregate level information about the use of our services (such information will not be capable of re-identification)

Your personal information is stored within the EU/EEA. You can acquire further information by contacting us at privacy@exam.net.

Legal requests and preventing harm

We may be required to disclose personal information in response to a lawful request by a public authority. We reserve the right to access, read, retain, and disclose personal information as necessary to comply with any law or court order; to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Exam.net, employees, users of the Service, or others.

Cookies, beacons and other technology

Exam.net collects information using technology like cookies, beacons, and local storage (e.g. on your web browser or your device). For information on how we use this type of technology, please refer to our cookie policy.

Security

Exam.net is committed to ensuring that the information you provide to us is secure from accidental loss and from unauthorized access, use, alteration, and disclosure. We have implemented suitable physical, electronic, and organizational measures to safeguard and secure information and protect it from misuse, interference, loss and unauthorized access, modification, and disclosure. 

• All information you provide to us is stored on our secure servers behind firewalls.
• We restrict access to personal information to employees, contractors and agents who are bound by confidentiality obligations and may be subject to discipline, including termination and legal action, if they fail to meet the obligations for data confidentiality and integrity;
• Areas of our website that collect personal information use encryption or other types of pseudonymization;
• In the event of a physical or technical incident, Exam.net will be able to restore the availability and access to personal information in a timely manner;

Please be aware that despite our best efforts, no data security measures can guarantee 100% security. The security and safety of your personal information is also your own responsibility. We advise you to keep your account log-in details confidential and not share them with anyone to prevent unauthorized access to your account and personal information.

Data retention

When you are a registered user (teacher, staff), we retain your personal information for 3.5 years (1275 days) counting from the date of the latest login. After that, your account and your personal information will be deleted. personal information may still be stored in backup files for 30 days after the deletion, whereafter it is permanently erased and cannot be re-created.

If you are a student and use Exam.net at the direction of your school or your teacher, your personal information is managed by your school organization. If your teacher or school organization does not delete any data beforehand, your personal information is sent to a temporary archive in our database for 180 days after an exam was created or uploaded by your teacher. Your personal information remains archived for 3 years, and while in the archive, the data is not visible or used. After 3 years in the archive the data is deleted. personal information may still be stored in backup files for 30 days after the deletion, whereafter it is permanently erased and cannot be re-created.

Student privacy notice

Exam.net takes the privacy of students very seriously. 

This website and the Services are not intended for use by users under the age of 18, provided however, that students (including students under the age of 18), may use the Services for educational purposes at the invitation and direction of their school. Other than for students using Exam.net at the direction of their school, we do not knowingly collect information from users under the age of eighteen (18). If you believe that we have collected personal information from a child under the age of 18 that is not at the direction of the school, please contact us at privacy@exam.net.  

When students under the age of 18 are directed to use Exam.net by their educational institutions, the verifiable parental consent, if any, for such use shall be provided to and collected by the educational institution attended by the student. It shall not be our obligation to directly obtain parental consent.

In the course of providing the Service, Exam.net may collect “education records,” as defined by the federal Family Educational Rights and Privacy Act of 1974 (“FERPA”) and personal information that is directly related to an identifiable student (collectively, “Student personal information”).  Our collection and use of Student personal information is governed by our Data Processing Agreements with our school customers, including this Privacy Policy, and applicable laws including FERPA, the Children’s Online Privacy Protection Act (“COPPA”), as well as other applicable federal, state and local privacy laws and regulations (“Applicable Laws”). With respect to FERPA, Exam.net receives Student personal information as a “school official” under Section 99.31 of FERPA for the purpose of providing its Products, and such Student personal information is owned and controlled by the school customer.

Your privacy rights

The rights in this section refer to the personal information processed by Exam.net when Exam.net is the so-called data controller. If your personal information is obtained from you in your role as an employee, owner, director, officer or contractor of a company/organization and within the context of Exam.net providing its services to such company/organization, please consult your company/organization for advice on your personal information rights.

If you are a student, your personal information is always collected, stored and processed at the direction of your school and we never use it for marketing or for any other purpose than to provide our services to your teacher or school. Please consult your school for additional information on your personal information rights.

You have the right to object to the processing of your personal information for direct marketing. You also have the right to withdraw your prior given consent, if applicable. Please note that we still may continue processing your personal information based on other legal grounds, except for direct marketing.

You have the right to access your personal information and to obtain a copy of the personal information that we process relating to you free of charge twice (2) every calendar year, and you have the right to request further information concerning the processing of your personal information. You may also request that we correct, rectify, complete, erase or restrict the processing of your personal information. 

You may also have the right to data portability. Data portability means that you can receive the personal information that you have provided to us, in a structured, commonly used, and machine-readable format, and have the right to transfer such data to other data controllers.

To enforce your rights as described in this section, or if you have any questions about our personal information processing, please contact us by sending an email to privacy@exam.net or a letter to Exam.net US, Inc. at 769 Monterey Blvd Suite 5A. San Francisco, CA 94127. To ensure quick handling of your request, please state your full name and the e-mail address that your account is connected to. Please note that we may require you to provide verification of your identity to authenticate your request.

You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here.

Special note to California privacy rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits consumers who are California residents to request a list of certain third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: privacy@exam.net. Please allow up to thirty (30) days for a response. 

Please note that such disclosure requirements apply only if we share our consumers’ personal information with third parties for them to directly market their own products to those consumers (which we do not do), instead of assisting us with our own business.

Change of control

If there is a change of control in our business, we may transfer your personal information to the new owners for them to continue to provide the Services. We will provide notice and choice to users or school representatives in the situation if data will be used in a manner inconsistent with this Privacy Policy.

Changes to this Privacy Policy

We reserve the right to, at our own discretion, make changes to this Privacy policy. If we do so, we will inform you on the Website, or by email if changes are extensive. If the changes require your consent, we will give you further notice about this in a way that is suitable under the circumstances and ask for your consent.

Contact information

If you have any questions, comments, complaints, or concerns regarding this Privacy Policy, you can contact us anytime at the following address: privacy@exam.net.  We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

Last updated: Mar 15, 2022