ROSALYN.AI APPLICATION AND SERVICES PRIVACY POLICY
Updated February 24, 2022
Rosalyn, Inc. (referred to herein as “Rosalyn”, “we”, “our”, or “us”) values and respects the privacy rights of individuals and recognizes the importance of protecting personal information. This privacy policy (“Privacy Policy”) explains what personal data we collect from individuals and how we use it.
By using or otherwise accessing Rosalyn’s test proctoring services or its proctoring application (collectively, the “Services”), you accept and agree to the following privacy policy (the “Privacy Policy”), and you are consenting to our collection, use, disclosure, retention, and protection of personal information as described in this Privacy Policy as it arises from or relates to your access or use of the Services. If you do not provide the information we require, you will not be able to take your test using the Services. In this case, please review Section 4, “Your Choices”, below. If you do not agree to the terms of this Privacy Policy, you shall not access or use the Services.
This Privacy Policy is incorporated by reference into the Rosalyn Terms of Use (LINK) and is subject to the terms therein.
1.
Scope
1.1
This Application and Services Privacy Policy applies to the collection, use, and disclosure of personal information by us through the Rosalyn test proctoring services and its application. This Privacy Policy does not apply to any information not collected through the Services, including but not limited to information collected through the Rosalyn website, which is covered under a separate privacy policy.
1.2
"Personal information" is information that can be associated with a specific person and could be used to identify that specific person whether from that data or from that data and other information that Rosalyn has or is likely to have access to. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise.
2.
Collection
2.1
How We Collect. We collect your personal information during your use of the Services, including but not limited to when you take an exam using the Services.
2.2
What We Collect. The personal information we collect includes, but is not limited to, the following:
- A webcam photo of you;
- A webcam photo of your photo ID;
- Video and audio collected from your webcam and microphone;
- Identifying information such as name, e-mail address, and other unique personal identifiers;
- Information transmitted to us during your use of the Services;
- Information you provide when contacting us for help; and
- Device IDs, IP Addresses, and/or other unique identifiers.
2.3
Children. Rosalyn is aware of the importance of protecting the privacy and safety of children who may use our Services. In that regard, we do not knowingly solicit data from or market to children under the age of 13. In the event a child’s parent and/or legal guardian becomes aware that their child has provided us with information without their consent, please contact us immediately at privacy@rosalyn.ai. Once notified, we will delete the information as soon as reasonably possible.
3.
USE, RETENTION, AND CORRECTIONS
3.1
How We Use Personal Information. We will never sell personal information to third-parties for advertising or marketing purposes. Personal information provided and otherwise collected will be used to provide and improve the Services and to personalize the Services for you. This includes, but is not limited to, making the Services operable, providing customer service, corresponding with you, and to protect the integrity and operation of the Services.
The information we collect allows us to accurately identify you and make the Services operable, allowing Test Providers and Human Proctors to remotely proctor exams taken by you.
The “Test Provider” is the individual or organization that is administering your examination, and may be your school, university, professor, or another examiner. The Test Provider is ultimately in control of, and solely responsible for, any actions taken with respect to you and your exam, including but not limited to, the assessment of any penalty, the grading or evaluation of your exam, or any other management or control of your exams and grades.
The “Human Proctor” is the human designated by the Test Provider that shall oversee your exam and may take actions with respect to you and your behavior during the exam. Such actions may include, but are not limited to, sending messages to you during the exam, pausing and resuming the exam while you rectify an alert situation, ejecting you from the exam, or otherwise proctoring or monitoring your taking of an exam.
Other uses of personal information may be for validating a user account, fraud prevention, or other data safety precautions Rosalyn may elect to implement. Additionally, we may use personal information for our internal purposes such as data analysis, auditing, and research to improve the Services.
The information we collect allows us to accurately identify you and make the Services operable, allowing Test Providers and Human Proctors to remotely proctor exams taken by you.
The “Test Provider” is the individual or organization that is administering your examination, and may be your school, university, professor, or another examiner. The Test Provider is ultimately in control of, and solely responsible for, any actions taken with respect to you and your exam, including but not limited to, the assessment of any penalty, the grading or evaluation of your exam, or any other management or control of your exams and grades.
The “Human Proctor” is the human designated by the Test Provider that shall oversee your exam and may take actions with respect to you and your behavior during the exam. Such actions may include, but are not limited to, sending messages to you during the exam, pausing and resuming the exam while you rectify an alert situation, ejecting you from the exam, or otherwise proctoring or monitoring your taking of an exam.
Other uses of personal information may be for validating a user account, fraud prevention, or other data safety precautions Rosalyn may elect to implement. Additionally, we may use personal information for our internal purposes such as data analysis, auditing, and research to improve the Services.
3.2
Duration of Retention. We will retain the personal information we collect about you(as listed above in Section 2.2, “What We Collect”; referred to herein as the “Exam Session Data”) for the Test Provider’s Exam Retention period, up to three (3) years. After the Test Provider’s Exam Retention period, said Exam Session Data will be deleted, or otherwise made anonymous or aggregated so that it no longer identifies a specific individual.
At the start of each exam, you may be given the option to consent to Rosalyn’s use of that exam session’s Exam Session Data to train Rosalyn’s artificial intelligence algorithms by executing the following Rosalyn Consent Form (LINK). If you provide such consent, Rosalyn shall retain it for such training purposes indefinitely, or until you withdraw your consent.
We will only keep personal information for as long as there is a reasonable basis to do so, whether to provide the Services, to improve them, to enforce any relevant law, the provisions of any agreement, to resolve any past, current, or future dispute, or any other business, tax, or legal purpose.
When we dispose of personal information, we will do so in a secure manner.
Notwithstanding anything to the contrary within this Section 3.2, Exam Session Data of Illinois residents shall not be retained for longer than three (3) years.
At the start of each exam, you may be given the option to consent to Rosalyn’s use of that exam session’s Exam Session Data to train Rosalyn’s artificial intelligence algorithms by executing the following Rosalyn Consent Form (LINK). If you provide such consent, Rosalyn shall retain it for such training purposes indefinitely, or until you withdraw your consent.
We will only keep personal information for as long as there is a reasonable basis to do so, whether to provide the Services, to improve them, to enforce any relevant law, the provisions of any agreement, to resolve any past, current, or future dispute, or any other business, tax, or legal purpose.
When we dispose of personal information, we will do so in a secure manner.
Notwithstanding anything to the contrary within this Section 3.2, Exam Session Data of Illinois residents shall not be retained for longer than three (3) years.
3.3
Corrections. You may request correction of any personal information that is incorrect by contacting us at privacy@rosalyn.ai. Such requests regarding such personal information may only be made by the subject thereof. We may require verification of your identity before proceeding with the request.
3.4
Non-Personal Information. Rosalyn collects information that in and of itself does not permit direct association with any specific person. In the case of non-personal information Rosalyn has the right to collect, transfer, use, and disclose this information for any purpose.
4.
YOUR CHOICES
4.1
Decline to Provide Information. You may decline to submit personal information and/or disable your webcam and/or microphone, however, doing so will prevent you from taking your exam using the Services. You acknowledge and agree that your inability to take a exam due to your refusal to submit any required personal information and/or by disabling webcam and/or microphone access shall not be grounds for any claim of breach, damages, or other liability; nor shall it in any way relieve you of your obligations to Rosalyn.
4.2
Request Deletion of Personal Information. You may request that Rosalyn delete your personal information. You acknowledge and agree that any such deletion in accordance with the foregoing shall relieve and release Rosalyn from any liability, obligation, claim, or other damages related to or arising from said personal information. All deletion requests are subject to verification.
4.3
No Sensitive Information. You acknowledge and agree that the information you are providing to Rosalyn is not sensitive in nature (i.e., is not personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, etc.).
5.
STORAGE OF PERSONAL INFORMATION
5.1
How Secure It Is. Rosalyn shall use commercially reasonable measures inline with industry standards to protect personal information, including but not limited to electronic and administrative safeguards designed to help make personal information secure. We will make reasonable attempts to provide you with notice in the event of a security breach.
When you take an exam proctored using the Services, your responses, video from your webcam, and audio from your microphone is available to the Test Provider and Human Proctor, and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances.
When you take an exam proctored using the Services, your responses, video from your webcam, and audio from your microphone is available to the Test Provider and Human Proctor, and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances.
5.2
Where and How It Is Stored. The information you provide Rosalyn may be processed in the United States or any other country in which Rosalyn, its subsidiaries, affiliates, and/or service providers maintain facilities.
As a result, Rosalyn, its subsidiaries, affiliates, and/or service providers may transfer information we collect about you, including personal information, across borders and from your country or jurisdiction to other countries or jurisdictions around the world. For example, you may reside in another country or region with differing data protection and privacy laws than the United States. Consequently, when you register to use the Service you acknowledge and consent to Rosalyn transmitting your information to the United States or to any country in which Rosalyn and/or its subsidiaries, affiliates, and/or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
In turn, Rosalyn uses commercially reasonable standards, measures and/or protocol to keep the information collected secure. Rosalyn cannot ensure the security of any information submitted or transmitted by you to Rosalyn nor can we guarantee that said information may not be disclosed, destroyed, and/or altered.
As a result, Rosalyn, its subsidiaries, affiliates, and/or service providers may transfer information we collect about you, including personal information, across borders and from your country or jurisdiction to other countries or jurisdictions around the world. For example, you may reside in another country or region with differing data protection and privacy laws than the United States. Consequently, when you register to use the Service you acknowledge and consent to Rosalyn transmitting your information to the United States or to any country in which Rosalyn and/or its subsidiaries, affiliates, and/or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
In turn, Rosalyn uses commercially reasonable standards, measures and/or protocol to keep the information collected secure. Rosalyn cannot ensure the security of any information submitted or transmitted by you to Rosalyn nor can we guarantee that said information may not be disclosed, destroyed, and/or altered.
6.
DISCLOSURE
6.1
When Will We Disclose Personal Information. We may share personal information with third-parties when necessary to provide the Services (such as to the Test Provider),when we have a good faith belief it is necessary by law or to respond to legal process, to protect the safety and lives of people, to protect the rights or property of Rosalyn, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, and with the subject’s consent. We shall not disclose personal information to third-parties for their advertising and marketing purposes.
6.2
Disclosure to Test Providers and Human Proctors. You consent to our disclosure of your exam responses and personal information to the Test Provider and Human Proctor, including but not limited to, your webcam video; audio from your microphone; your keystroke information; and any analyses of your behavior during the exam.
6.3
Disclosure to Sub-Contractors and Agents. Rosalyn may use the services of other companies in order to provide the Services. Such companies shall be given only the personal information needed to perform those services, and we do not authorize them to use or disclose personal information for their own marketing or other purposes. We have contracts in place holding such companies to the same standards of confidentiality by which Rosalyn is governed. Rosalyn shall make commercially reasonable efforts to enforce such terms on such companies. However, Rosalyn shall not be liable to you for such companies’ failure to adhere to such confidentiality terms.
Such third-party service providers may include, but are not limited to:
- Cloud storage providers;
- Data analytics providers;
- Email delivery services;
- Research partners; and
- Consultants, accountants, lawyers, and other professional service providers.
6.4
Business Affiliates and Transfers. Rosalyn may share information from or about you with its subsidiaries, joint ventures, or companies under common control, in which case we will require them to adhere to this Privacy Policy. In the event Rosalyn is acquired in total or by a substantial amount of its assets, we will make best efforts to ensure that the purchaser will assume the rights and obligations of this Privacy Policy. However, Rosalyn does not make any guarantees or promises with respect to a purchaser adopting the current rights and obligations of this Privacy Policy.
6.5
Investigations. Rosalyn reserves the right to provide and/or disclose necessary information for investigatory matters. Examples include but are not limited to: 1) Test Provider’s academic integrity investigation process; 2) compliance with law enforcement or the necessary legal process; 3) behavior and/or use violative of the Terms of Service, and 4) instances whereby it is necessary to protect our rights and obligations.
6.6
Per User Request. Rosalyn may share your information if requested or consented to by you.
7.
TERMS FOR EEA AND CALIFORNIA USERS
7.1
Additional Rights. Under the California Consumer Privacy Act (“CCPA”), and the EU General Data Protection Regulation ("GDPR"), California, EEA, Switzerland, and UK residents may have certain rights regarding their data, including:
- To know the categories of personal information collected and disclosed and the sources from which such information was collected (see Section 2.2);
- To know the business purpose for using or sharing personal information (see Section 3.1);
- To request corrections of incorrect personal information (see Section 3.3);
- The categories of third parties with whom personal information has been and will be disclosed (see Section 6);
- The ability to know and delete certain pieces of personal information (see below).
With respect to the processing of personal data of residents of the EEA, Switzerland, and UK:
- with respect to the exam proctoring services, the Test Provider is the controller, Rosalyn is a processor, and you are the data subject; and
- with respect to the training of Rosalyn’s artificial intelligence algorithms, Rosalyn is the controller, and you are the data subject.
Automated decision making is not used with respect to your personal information.
7.2
Right to Know and Delete. If you are a California, EEA, Switzerland, or UK resident, you may have the right to know the specific pieces of personal information that Rosalyn has about you and to request that they be deleted, subject to restrictions and exceptions. Please send requests to know and to delete in accordance with the above to us via email: privacy@rosalyn.ai; or via the following toll-free telephone number: (888) 672-5964. The foregoing means may also be used to revoke consent to use your personal information. All requests are subject to verification.
7.3
Basis for Processing. If you are a resident of the EEA, Switzerland, or the United Kingdom:
- Rosalyn takes reasonable steps to ensure that the personal information we collect is reliable for its intended use, accurate, complete, and up to date. Our legal bases for collecting and using the personal information are to enter into or perform a contract with you, with your consent, to comply with our legal obligations, and to pursue our legitimate interests, including but not limited to: a.) to provide proctoring services to Test Providers; and b.) to improve the performance of our proctoring services.
- You have the right to lodge a complaint with the data protection authority about our collection and use of your personal information in relation to the General Data Protection Regulation (GDPR) and other applicable law. For more information or to submit a complaint, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available at the following link: https://edpb.europa.eu/about-edpb/about-edpb/members_en. Contact details for the FDPIC in Switzerland are available at the following link: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html. Contact details for the Information Commissioner’s Office in the United Kingdom are available at the following link: https://ico.org.uk/make-a-complaint/.
8.
OTHER
8.1
Correcting Personal Information. You agree to notify Rosalyn of personal information that you are aware has errors.
8.2
Changes. We reserve the right to make changes to this Privacy Policy at any time. Your continued use of our Services will signify your acceptance of any changes to our Privacy Policy.
8.3
Third-Parties. This Privacy Policy applies to Rosalyn’s use of personal information but does not apply to the activities of any third-party. If you disclose personal information to others, such third-party’s privacy policies and practices will apply. Rosalyn shall not be liable or in any way otherwise responsible for any use of personal information by such third-parties.
8.4
Contact Us. If you have any questions, concerns, or complaints related to or regarding the above please contact us at:
ATTN: Privacy Officer
Rosalyn, Inc.
6605 Longshore Street #240
Dublin, OH 43017
privacy@rosalyn.ai
ATTN: Privacy Officer
Rosalyn, Inc.
6605 Longshore Street #240
Dublin, OH 43017
privacy@rosalyn.ai
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