Privacy Notice of Educational Testing Service (ETS) Global B.V. (ETS Global)

Last updated: August 17th, 2023

ETS Global is providing this supplemental privacy notice to give individuals in the European Economic Area (EEA) the additional information required by the EU General Data Protection Regulation (GDPR). These provisions, together with the statements in the ETS Global Privacy Notice, explain our practices with regard to the processing of personal data within the EEA.

1. Who is the controller with regard to the processing of your personal data?

The controller of your personal data is ETS Global BV in the Netherlands, its EU Representatives and its other EEA Affiliates. (hereinafter ETS Global)

ETS Global BV
Academic & Business Assessments Strawinskylaan 929
1077 XX Amsterdam - The Netherlands
Email: serviceclient@etsglobal.org

Branch in France:
Address: 43-45 rue Taitbout 75009 Paris, France
Trade and Companies Register of Paris: 480 969 591
VAT number: FR29480969591

2. The personal data that we collect, the purposes of processing, the legal basis and the retention period.

ETS Global processes personal data for several purposes for which the legal basis can be found in the GDPR. ETS Global will process your personal data for as long as necessary for the purpose, but in any case, no longer than legally permitted. The legal basis and period of processing may vary per purpose. Please find below an overview of the most important processing operations of ETS Global:

2.1. Data that we process in relation to our services.

In most cases, you are not required by law to provide any Personal Data to ETS Global. However, you are required to provide certain Personal Data to enable us to enter into a contract with you so that you can use our products and services. The legal basis for the processing of this data can be found in article 6(1)(b) GDPR, data which is necessary for the performance of the contract. In case another person subscribes you, this person will be the owner of the account with ETS Global and provides your Personal Data on behalf of you and based on your permission. Our registration forms indicate which data elements are required for our contracts. Unfortunately, it is not possible to do business with you, if you do not provide these data elements. We will delete all our client contracts, 2 years after the end of the contract unless there is a legal dispute. In this case, we are allowed to store the contract as long as necessary for the settlement of the dispute. In case you request an accommodation from ETS Global, such as special testing conditions needed because of a health condition or disability, you may be required to submit additional personal data (including special categories of data) as needed for us to evaluate and respond to your request and your explicit consent for the processing of this special category of data which is necessary for the performance of contract and the legitimate interest of ETS Global. To learn more about the processing of special categories of data, please have a look at the overview of data that ETS Global processes of You. Depending on the product or service, ETS Global will process the following Personal Data of You:

a.Open Test Sessions: With regard to Open Test Sessions, we collect your Personal Data for the following purposes:

i. Personal Data to register you for the test and to provide your score results. The legal basis for the processing of this data can be found in article 6(1)(b) GDPR, data which is necessary for the performance of contract. Our registration forms indicate which data elements are required to register you for the test. The following data will be collected and processed:

Full name
Date of Birth
Gender
Picture of your face
Language
Country
Answer sheets of the test
Signature
ID number
Your personal client number of ETS Global
Test result & score
Address of Candidate
Billing details

ETS Global will store this Personal Data for as long as they are necessary to provide the test result. Your test result will be valid for 2 years. Thereafter, your personal data will be removed from our systems, within 6 months after the expiration of your test results, unless you request to delete your personal data sooner, which will be granted if the data is no longer necessary for the purpose of ensuring test validity.

ii. Personal Data to ensure the validity of your test. In order to ensure the validity of your test results, ETS Global has a legitimate interest to prevent Fraud or fraudulent behavior. In this respect, ETS Global processes the following data:

Picture of your face
Signature
Handwriting
Test results
Medical statement

ETS Global will store this Personal Data for as long as your test results are valid. Your test result will be valid for 2 years. Thereafter, your personal data will be removed from our systems, within 6 months after expiration of your test results, unless you request to delete your personal data sooner, which will be granted if the data is no longer necessary for the purpose of ensuring test validity.

b. Private Test Sessions. With regard to Private Test Sessions, we collect your Personal Data for the following purposes:

i. Personal Data to register you for the test and to provide your score results. The legal basis for the processing of this data can be found in article 6(1)(b) GDPR, Personal Data which is necessary for the performance of contract. Our registration forms indicate which data elements are required to register you for the test. The following data will be collected and processed:

Full name
Date of Birth
Gender
Language
Country
Answer sheets of the test
Signature
ID number
Your personal client number of ETS Global
Test result & score
Address of Candidate
Billing details

ETS Global will process this Personal Data for 30 months after the test result has been made available to you. Thereafter, your personal data will be removed from our systems, unless you request to delete your personal data sooner, which will be granted if the data is no longer necessary for the purpose of processing.

Signature
Handwriting
Test results
Medical statement

With regard to Medical statements, ETS Global will process this data with your explicit consent and based on a legitimate interest of ETS Global to prevent fraud and to ensure the validity of your test. ETS will guarantee the security of your information. ETS Global will store this Personal Data for as long as your test results are valid. Your test result will be valid for 2 years. Thereafter, your personal data will be removed from our systems, within 6 months after expiration of your test results, unless you request to delete your personal data sooner, which will be granted if the data is no longer necessary for the purpose of ensuring test validity.

c. Online based tests

i. Administration in our Test Center

For the performance of the contract we need to register You and process personal data such as:

Full name
Date of Birth
Email address

ETS Global will process this for 33 months after the test results as been made available to you. Thereafter, your personal data will be removed from our systems, unless you request to delete your personal data sooner, which will be granted if the data is no longer necessary for the purpose of processing.

ii. Remote proctoring administration

Personal Data to register You for the test and to provide Your score results. The legal basis for the processing of this data can be found in article 6(1)(b) GDPR, data which is necessary for the performance of contract. The following data will be collected and processed:

Full name
E-mail address
Date of birth
Associated exam institute of the Candidate

Personal Data to ensure the validity of Your test. In order to ensure the validity of Your test results, ETS Global requires Your consent to collect the personal data mentioned above in order to ensure test security, integrity and validity of the test by preventing fraud or fraudulent behavior. In this respect, ETS Global processes the following data:

Identification documentation and picture of your face
Screenshots of Your computer screen
Webcam recordings of Your environment and face

ETS Global will store your Identification Documentation and the picture of your face for 7 days, unless You request to delete your personal data sooner, which will be granted if the data is no longer necessary for the purpose of ensuring test validity.

ETS Global will store the Screenshots of Your computer screen and Webcam recordings of Your environment and face for three (3) months after the test has been issued, for test validity purposes. However, in case a fraudulent behaviour has been identified, audio-visual recordings will be deleted within two (2) years for legal dispute purposes.

As a reminder, ETS Global will store this Personal Data for as long as your test results are valid. Your test result will be valid for 2 years.

d. Customer Service

The Customer Service of ETS Global, processes personal data of You for the purpose of serving you as our customer. The Customer Service processes:

i. Phone Call Recordings in order to improve our services to You, if you consent to the recording of this phone call. ETS Global will use the recordings for the evaluation of our services to You in order to improve our services. ETS Global will destroy these phone call recordings 3 months after recording

ii. Personal Data to handle requests based on CPF Program. ETS Global will process the following data in respect of the CPF Program for the purpose of the performance of contract with You:

Full name of a candidate
Billing address
Shipping address
Email correspondence

ETS Global will delete this information 2 years after the request is handled. Except for information regarding invoices, for this information, there is a legal obligation which requires us to store the data for taxation purposes.

iii. Medical Statements in order to provide special accommodations to You. In order to grant you special accommodations for the test, the customer service will process email correspondence with You along with your medical statement, based on your explicit consent and the performance of contract. The Customer Service will initiate the internal procedure for granting special accommodations. ETS Global will delete this data within 6 months of the expiration of your test results.

iv. Picture of your Face. The Customer Service of ETS Global will process a picture of your face in case you were not able to provide this picture during the Open test session. The Customer Service will link your picture to you and your test results. Thereafter, your picture will be deleted from the Customer Service mailbox within 3 months.

2.2. Personal Data Processed for Marketing Purposes

ETS Global processes Your personal data to send you marketing communications such as:

a. Email campaigns and product information:

ii. B2B: We use your company email address and name of Your representative to send you marketing and operational (newsletter, product info, processes updates) information. For the purpose of the performance of the contract we have with you, we will send you information about the products you purchased and potential changes to it. ETS Global has a legitimate interest to send marketing communications of its products to clients. You can opt-out for these email campaigns at any time via the link provided in the email campaign.

B2C: Only in case you subscribed for receiving marketing communication from ETS Global, we will use your personal email address and name to send you emailing campaigns. You can opt-out for the emails via the link at the bottom of the email itself.

iii. Information about the email: In order to improve the relevance of the information we send to our clients, we collect data about our marketing campaigns and register whether an email has been received, opened and clicked.

iv. Newsletter: Upon, the signing of a contract with ETS Global BV you, will receive our newsletter with information regarding our products and services. You will receive this newsletter monthly. In case you would not like to receive the newsletter anymore, you can unsubscribe via the link provided at the bottom of the newsletter.

For data minimalization purposes, we regularly clean our database by filtering out inactive accounts. In case Your account is not active for 100 days, the account will be (temporarily) removed from our database, which means that you will no longer receive any newsletters or advertisements from us, unless You start using your account again.

b. Yourenglishtest.com:

Upon your registration on www.yourenglishtest.com, we collect your contact details and ask you for your consent to process data for the purpose of marketing campaigns and in some cases, your data is shared with our B2B clients for their specific product campaigns. You can withdraw your consent by sending an email to our customer service: serviceclient@etsglobal.org.

2.3. Data Processed on our Website

To learn more about the cookies that we collect during your visit on one of our websites, please check out the Cookie Policy by clicking here.

2.4. Data processed in relation to job application Purposes

In case you apply to a job at ETS Global, We process your personal data relating to your job application for the performance of a (potential) contract with You. We will delete all data relating your job application within one month after the job application procedure is closed, unless you provided consent to store your C.V. and contact details for a year to inform you for future job alerts. In case you provided consent, you will be able to withdraw consent at any time, by sending an email to hr@etsglobal.org.

3. Automated Decision Making and Profiling

ETS Global may use automated processes in connection with scoring tests and for similar purposes, as needed to provide the test services that you have requested. All such decisions are subject to human review. We will not make automated decisions about you that may significantly affect you. You can learn more about Test scoring by reading the information posted on our Website about each of our tests.

In some cases, we use certain elements of personal data for ETS Research. For example, we may consider how certain types of test-takers (such as non-native English speakers) respond to specific test questions. Our research initiatives reflect our commitment to fairness and equity in testing, helping to ensure that are our tests are accessible and free from bias. They also seek to improve teaching, learning and assessment. Our research results do not contain any identifiable data and are not used to target or profile individuals.

4. International transfer of data

As stated in the Privacy Notice, your Personal Data may be transferred to, stored at or processed in the European Union and other countries which may not have equivalent privacy or data protection laws. We generally use approved Standard Contractual Clauses to assure that Personal Data is adequately protected when it is transferred out of the EEA or Switzerland, but we may also make transfers to recipients with approved Binding Corporate Rules.

ETS Global does not rely on the EU-U.S. Privacy Shield Framework as a legal basis for transfers of personal data in light of the judgment of the Court of Justice of the EU in Case C-311/18.

5. Third Parties

We may use other companies for the performance of our services, such as IT tools and services, manage software, marketing analytics. These service providers have access only to such personal information necessary to perform their services. We ensure that they are contractually bound to our instruction regarding the processing and the security of your personal data as required by the GDPR. We also ensure that the privacy legislation and requirements are respected by all our service providers. ETS Global is not responsible for the actions and privacy policies of third parties who are not processing data on our behalf and are acting as an independent controller.

6. Your Rights (include right to file complaint at supervisory authorities)

As stated in the Privacy Notice, you always have the right to object to our marketing communications. To opt-out of emails, simply click the link labeled “unsubscribe” at the bottom of any email we send you. To revoke permissions that you may have given to send text messages, text STOP in response to any message.

ETS Global also respects the rights of EEA residents to access, correct and request erasure or restriction of their Personal Data as required by law. This means:

You generally have a right to know whether or not ETS Global maintains your Personal Data. If we do have your Personal Data, we will provide you with a copy (subject to the rights of others). If your information is incorrect or incomplete, you have the right to ask us to update it.

You have the right to object to our processing of your Personal Data.

You may also ask us to delete or restrict your Personal Data.

To request the deletion of your Personal Data, please fill in the following form : Data deletion request.

For any other request concerning the exercise of your rights, please contact us via email at serviceclient@etsglobal.org or write us at the address above, and a member of our Privacy Team will assist you.

Please understand that we may need to verify your identity before we can process your request. Additionally, our ability to delete Personal Data will be limited in those cases where we are required to retain records, such as in connection with score reports and test security processes. If you believe that we have processed your Personal Data in violation of applicable law, you may file a complaint with the ETS Global Office of Legal Counsel or with a supervisory authority.

Additionally, You have the right to lodge a complaint with the supervisory authorities, in particular in the Member State of Your habitual residence, place of work or place of the alleged infringement, if You consider that the processing of personal data relating to You infringes the GDPR.

7. How to contact us.

Please contact us via email at serviceclient@etsglobal.org if you would like more information about cross-border transfers or to obtain a copy of the Standard Contractual Clauses.