Solution Nexam Inc. (“Nexam”, “we”, “us” or “our”) takes the protection of your Personal Information seriously. This Privacy Policy (the “Policy”) describes our data protection practices, the types of Personal Information we may receive or collect from you on behalf of an educational institution, exam administrator or business (collectively our “Clients”) and how we use, disclose, store and secure it. In order to provide you with quality services, we need access to certain Personal Information about you. We ensure that our employees manage this information with the necessary discretion and rigor, and in compliance with applicable legal and regulatory requirements.
This Policy applies to our website, platform or application, if any (collectively, our “Sites”). The rights and obligations described in this Policy do not, however, cover third-party websites that may be linked to or mentioned on our Site(s). These third party websites have their own privacy policies and we encourage you to read them carefully.
PERSONAL INFORMATION
For the purposes of this Policy, “Personal Information” means any information about an individual that identifies the individual or that, individually or in combination with other data, identifies the individual. Generally, Personal Information does not include your business contact information such as your name, title, business address or telephone number.
CONSENT
By providing us with Personal Information, you consent to its processing in accordance with this Policy. Generally, Nexam will obtain the necessary Personal Information directly from you, with your consent, subject to the exceptions provided by law. Nexam will also obtain Personal Information from its Clients in accordance with instructions or authorizations received from our Clients or from you.
In addition, by using our Sites, and by agreeing to the Sites’ specific Terms of Use, you consent to the collection, use, disclosure and storage of your Personal Information in accordance with the applicable sections of this Policy.
Nexam will not collect, use or disclose Personal Information without your consent unless it is authorized or required to do so under applicable regulations. When required, Nexam may share your Personal Information with regulatory bodies with whom it must cooperate and who govern its activities. For example, Nexam may have to proceed without your consent when, for reasons of detection or prevention of fraud or for the application of the law, the fact of asking for the individual’s consent would make the process impossible.
REFUSAL OF COLLECTION AND WITHDRAWAL OF YOUR CONSENT
You have the right, if you so choose, to refuse the collection, use and disclosure of your Personal Information. You may also, at any time, and subject to reasonable notice and applicable legal or contractual restrictions, withdraw your consent to the use of Personal Information already collected by contacting our Privacy Officer. Please note, however, that if you choose not to provide us with your Personal Information, this may prevent you from registering for, scheduling and taking an exam arranged by us on behalf of our Clients, or purchasing any other products or services from us.
Please note, however, that anonymized, non-identifying information will be retained.
USE FOR SECONDARY PURPOSES OR PROFILING
Nexam may also ask for your consent to use your Personal Information for secondary or profiling purposes, for example to conduct market research or to populate its databases. As previously mentioned, we will ask for your consent in this regard. Moreover, your consent for secondary or profiling purposes may be withdrawn at any time without affecting the provision of our services to you.
1. PERSONAL INFORMATION THAT WE COLLECT
In the course of our business and provision of services, Personal Information collected may include, but is not limited to:
- Your contact information, such as your name, address or email to identify you and correspond with you;
- Your login details such as a username and password;
- Your professional and academic information such as information about your schooling and the educational institution attended, the organization for which you are taking an exam, receiving coaching or correcting, the course or training in which you are enrolled or correcting, your status (student, corrector, etc.) and your exam results;
- Login information such as the date you took the exam, your IP address, the date you last logged on to our Sites;
- Monitoring information such as video captures of your screen and “photo” captures of you and your surroundings during your exam as well as photo identification;
- Marketing information and communication preference such as comments, survey responses or testimonies;
- Information about the configurations of your device;
- Information about the use of our Sites including technical information about visits or other information collected through cookies or similar tools;
- Any other Personal Information provided.
We do not knowingly collect personal data from individuals under the age of 16. If you are a minor under 16 years old, please do not provide us with any personal information without the express consent of a parent or guardian. If you are a parent or guardian and you know that your children have provided us with personal information, please contact us. If we learn that we have collected personal information from minor children without verification of parental consent, we will take steps to remove that information from our servers.
2. WHY WE COLLECT AND USE YOUR PERSONAL INFORMATION
We collect, use and disclose your Personal Information for the purposes identified at the time of collection by us or our Clients, or as permitted or required by regulation. This includes, but is not limited to, the following purposes:
- Organizing and administering the exam remotely or the coaching session;
- Verifying your identity and monitoring the conduct of the exam;
- Processing and communicating with you regarding your requests for products, services or information;
- Conducting development and research to ensure we maintain the highest standard of security and understand our customers’ requirements to improve our offering;
- Responding to your support requests;
- Performing internal operations related to its services, including calculating statistics, analyzing candidate performance and success rates;
- Enabling business development and marketing, in particular to inform our current and future clients about our new offers with the prior consent of the person concerned;
- As permitted or required by any applicable legal or regulatory obligation or provision; and
- Any other purpose to which you have consented.
3. HOW WE COLLECT YOUR PERSONAL INFORMATION
Nexam collects your Personal Information primarily from you, but also from our Clients and through the use of cookies.
3.1 FROM YOU
You provide Personal Information directly to us, including when you administer or take an exam and activate an account on our Sites, when you click on an advertisement we have placed on a third party website (e.g., Google, Facebook, etc.), if you contact us, if you fill out an online request form, or if you purchase any of our products or services.
3.2 FROM OUR CLIENT
We receive Personal Information directly from our Clients, such as for the administration of exams or coaching.
3.3 FROM OTHER SOURCES
We may also collect Personal Information from third parties, or from publicly available records as permitted by law or if we have obtained the necessary consent.
3.4 COOKIES
Cookies are small data files that are commonly stored on your device when using websites and online services. They are used for the efficient operation of websites and can provide information and help customize services. Nexam collects the Personal Information provided by cookies from its website for statistical purposes.
4. DETAILS ON ONLINE EXAM MONITORING AND INFORMATION COLLECTION
If required by a Client, you will be monitored during your online exam. Online monitoring is conducted as directed by our Client. For example, in order to ensure the integrity of the examination process, on-screen drafting will be recorded and verified. In practical terms, this means that a video capture of your screen will be taken and if there are any abnormal and unauthorized activities during the drafting, a screen capture will be taken, analyzed and shared with the Client, i.e. the person responsible for your exam.
“Photo” captures may also be taken from your webcam at various times during the exam. Specifically, captures taken from your webcam include anything your camera “can see”, including your face, your desk and your workspace, for the purposes of exam security and the integrity of the exam process.
Thus, you must ensure that you control the environment of your monitored online exam session. You must ensure that you are the only person being recorded during your exam session and that no one else is in the line of sight of your camera. You are responsible for notifying people who may be in the vicinity of your monitored exam session to prevent them from being inadvertently captured.
If the Client requires screen captures as well as captures of your working environment, including your face, this information is used for identity verification, online observation, incident resolution, such as fraud prevention, exam security, exam and procedure integrity.
In some cases, prior to the start of your exam, you may be asked to present identification (e.g., your driver’s license, passport, or other approved identification designated by the Client), to be recorded on video for identity verification purposes. The collection of such data may be mandatory for some Clients. You understand that video recordings of your screen and photo captures of your exam session will be provided to the applicable Client or one of its designated agents to assist in administering your exam.
Under no circumstances will Nexam use the above Personal Information for any purpose other than those specified.
5. DETAILS ON THE COLLECTION, USE AND DISCLOSURE OF DATA ON OUR SITES THROUGH COOKIES AND OTHER SOCIAL MEDIA FEATURES
As mentioned in the previous sections, we may use various tools to improve your experience on our Sites, to better understand our customers’ behaviour, and in particular in connection with our marketing strategies. The following section is intended to provide you with more information about how we use these tools, including profiling, if any.
By using cookies and other similar technologies, we are able to provide you with advertising that is more relevant to your needs, as it is targeted to your interests and preferences. When you visit our Sites, cookies tell us, among other things, which pages or products and services you are interested in and, as a result, we may subsequently display advertising or recommendations that match your interests.
These technologies do not contain any personally identifiable information per se. They may, however, contain a unique identifier necessary for profiling. When you click on one of these ads, we may also track the response rate of the campaign.
Nexam uses different types of cookies (collectively referred to as cookies here):
- Necessary cookies: These cookies are essential to the operation of our Sites. For example, we and our Clients may use this type of cookie to authenticate and identify you when you log on to our Sites in order to provide you with our service. These cookies also allow us to enforce our Terms of Use, prevent fraud and ensure the security of our service.
- Performance and functionality cookies: These cookies are not essential to the provision of our services. They help personalize and enhance the user experience. For example, they can remember your preferences so you don’t have to re-enter information more than once, or remember your credentials so you don’t have to enter them every time you use them.
- Cookies for advertising purposes: These cookies are not essential to the provision of our services. They use information about your visit to the site, such as pages viewed or response to advertisements, to provide the best user experience according to your situation.
Please note that the use of cookies only identifies you as a user and does not recognize you by name or address.
5.1 DISABLING COOKIES
It is possible to prevent the personalization or profiling features of our Sites by disabling cookies on your browser. You can do this by changing the settings on your browser or mobile device.
However, if you choose to decline cookies, certain pages or sections of our Sites may not display properly or certain features may not be available.
5.2 DO OTHER WEBSITES HAVE ACCESS TO COOKIES WHEN YOU BROWSE OUR SITES?
We sometimes use third-party service providers.
Indeed, when you access our Sites, either directly or through an advertisement redirecting you to our Sites, a cookie is automatically created on your computer or mobile device. At that time, a web analytics tool (for example, Google Analytics) and possibly external ad servers have access to this cookie, which allows us to provide you with a better experience on our Sites or, in some cases, to track your activity to promote some of our products. Although a code in the cookie file identifies you as a user, it does not recognize you by name or address.
Our service providers may also need to collect your IP address or mobile device identifier when you visit a site. This information may be transmitted to and stored on servers located in Canada or elsewhere, such as the United States. We do not combine any information collected by these third parties with information we hold about you. Please be aware, however, that certain suppliers may be required to disclose the data collected to third parties if they are required to do so by law or if they wish to entrust the processing of certain data to third parties. No information that would allow these suppliers to identify you is provided to them.
Please note that third-party service providers have their own cookies and privacy policies.
5.3 USE OF GOOGLE ANALYTICS
We use Google Analytics, which is provided by Google Inc. (Google), in order to analyze the browsing behaviours of visitors to its Sites, which are tools for analyzing the frequentation and use of websites.
The information collected by Google Analytics is used to analyze the use of our Sites and to generate statistical reports on users’ activities. You can obtain more information about Google Analytics here.
5.4 TARGETED ADVERTISING AND PROFILING
We also works with third-party advertising companies, such as Facebook or Google AdWords, that collect and use information about your visits to our Sites in order to provide you with advertising that may be of interest to you. We do not disclose any information that would allow the advertising companies to identify you. You can obtain more information about Google AdWords here.
Please note that our advertising partners and other third parties may also set cookies or invisible pixels when you click on their advertisements or links to their websites or services on our Sites. This Privacy Policy does not apply to third-party websites or third-party advertising providers.
You can disable Google Analytics while browsing by selecting the appropriate settings for your browser or computer tool, as well as ad settings. You may opt out of sharing your information with these third parties by installing an add-on to opt out of receiving interest-targeted ads.
We also use Facebook’s personalized audience feature to target advertising related to the interests of our current and potential users. We invite you to check your Facebook privacy settings if you wish to manage your advertising settings. You can get more information here.
Please note that even if you choose not to receive ads targeted to your interests, you will still be able to see our ads. In this case, these ads will simply not be adapted to your real needs and may be displayed more frequently.
5.5 SOCIAL MEDIA FEATURES
Our services include social media features such as the Facebook share button or interactive mini-programs that work on our Sites. If you use these features, they collect your IP address, the page you visit on our Sites and create a cookie to enable these features to function properly. These features may be hosted by a third party or directly on our Sites. Your interaction with these features is governed by the privacy policy of the company that proves the feature and not by this policy.
6. SHARING AND DISCLOSURE OF YOUR PERSONAL INFORMATION
In the course of our business, we may need to disclose and share your Personal Information with various stakeholders. We will only disclose and share your Personal Information as described below:
- Agents and Third Party Service Providers: From time to time, we may need to share your Personal Information with agents or third party service providers to assist us in making available all of the features of our Sites (maintenance, analysis, legal requirements, fraud detection, marketing and development). Please note that these service providers may be located in Canada or in other countries. They will only have access to Personal Information that is necessary to perform these functions on our behalf and are required not to disclose or use it for any other purpose. Please be aware that we have contractual agreements with these providers to ensure the security of your data.
- Clients: We make remote exams, coaching sessions and content provided by our Clients available to you for use on or through our Sites. In such a situation, we will share information about these interactions with that Client, for example, by providing information to facilitate your registration, results or assistance.
- When required by law, to enforce compliance or to protect the property or safety of our rights or those of others: By way of example, we may disclose Personal Information to legal or regulatory authorities in the event that we suspect money laundering, insider trading, manipulative or deceptive business practice or other criminal activity, to detect and prevent fraud, or to comply with legal or regulatory requirements of governmental bodies, regulatory agencies or other self-regulatory organizations. We may also need to disclose Personal Information to comply with a legal obligation (e.g., court order) or to protect our assets (e.g., to collect overdue accounts).
- Business Transfers: As part of our business development, we may sell or buy businesses or services. In such transactions, Personal Information generally becomes part of the transferred business assets but remains subject to the promises made in any pre-existing privacy policy (unless, of course, the individual consents otherwise). In addition, in the unlikely event that Nexam or substantially all of its assets are acquired, your information will, of course, be one of the transferred assets.
- Anonymized: Anonymized Personal Information may be shared with third parties. For example, we may anonymize Personal Information in order to track trends or statistics.
7. RETENTION OF YOUR PERSONAL INFORMATION
Personal Information will be retained only as long as necessary for the achievement of the identified purposes or for compliance with legal requirements concerning retention periods. As such, the length of time we retain your Personal Information will vary depending on the purpose for which it is used. We must destroy this information in accordance with the law and our record retention policy. When we act on behalf of our Clients, retention periods may vary depending on the instructions of the Client. When we destroy your Personal Information, we take appropriate steps to ensure its confidentiality and to ensure that no unauthorized person can access it during the destruction process.
Any user may request that their account be deleted by emailing Nexam with a request to that effect.
8. OUR SECURITY MEASURES
The security and confidentiality of your Personal Information is important to us. We have implemented and continue to develop stringent security measures to ensure that your Personal Information remains strictly confidential and is protected against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
These security measures include organizational measures such as the use of security clearances and limiting access to what is necessary; physical measures (e.g., office access cards for employees, registration of visitors and identification cards, backup and archiving of data through an external system, etc.); and technological measures such as the use of passwords and encryption (e.g., frequent password changes and the use of firewalls).
If you believe that your Personal Information has been compromised, we invite you to contact us using the contact information listed in the “Questions, Comments, Complaints” section of this Policy.
9. YOUR RIGHTS
9.1 RIGHT OF ACCESS, INFORMATION AND RECTIFICATION OF YOUR PERSONAL INFORMATION
You have the right to know whether we hold Personal Information about you and to have access to that Personal Information. You also have the right to ask questions about how we have collected, used and retained your Personal Information and to whom it has been disclosed.
You have access to your Personal Information through your user account on our Sites, if any. You may correct and update this Personal Information from this access.
You may obtain a copy of your Personal Information or have it corrected if it is inaccurate by sending us a written request by e-mail.
We will provide you with such information or make the modification promptly and no later than 30 days from the date we receive the written request. A reasonable fee may also be charged to process your request.
In some situations, it may not be possible for Nexam to disclose all of the Personal Information it holds about you. Exceptions to the access requirements are limited and specific. The reasons for denying access are provided upon request.
These exceptions include information that is prohibitively costly to provide, information that contains details about other individuals, the existence of legal, security or business reasons that prevent the provision of the information and the fact that the information is protected by solicitor-client or litigation privilege.
10. LINK TO OTHER WEB SITES
It is important to understand that this Policy does not apply to other websites, whether from Clients or other third parties, that may be accessed through links on our Sites. We are not responsible for those third-party sites, their content or access. Therefore, any Personal Information you provide through these sites is subject to the privacy policies of those sites. It is your responsibility to review their privacy policies to ensure the protection of your Personal Information.
11. CHANGES AND UPDATES TO THE POLICY
Nexam may, at its discretion, update, revise, modify or supplement this Policy from time to time. If a modification is made to the Policy, you will be notified when you log in and/or we will send you a link to the new version of the Policy. The Policy and any related agreements, if any, will be posted on our Sites. Nexam requires its users to review the modified Policy before continuing to use its services. If you do not accept the modified Policy, you may cancel your account.
Continued use of the services provided by Nexam after the modified Policy becomes effective constitutes consent to the modified Policy.
12. QUESTIONS, COMMENTS, COMPLAINTS
Nexam has established procedures for receiving complaints and inquiries about its policies and practices relating to the management of Personal Information. The complaints procedure is easily accessible and simple to use.
Nexam will inform individuals who make inquiries or file complaints of the existence of the relevant procedures.
Nexam will investigate all complaints. If a complaint is found to be justified, Nexam will take appropriate measures including, if necessary, modifying its policies and practices.
If you have any questions, inquiries, comments or complaints about your Personal Information, we invite you to contact our Chief Privacy Officer:
Marie-Sophie Dionne
confidentialite@nexam.io
(418) 794-1409.