Privacy notice

Last updated: August 7, 2026

ProctorEdu Inc. ("we," "us," or "our"), doing business as OctoProctor, is the data controller responsible for your personal information collected through this website. This Privacy notice describes how and why we collect, store, use, and/or share ("process") your personal information when you use our website, including when you:

• Visit our website at www.octoproctor.com, or any website of ours that links to this Privacy notice
• Engage with us in other related ways, including any sales, marketing, or events

Questions or concerns? Reading this Privacy notice will help you understand your privacy rights and choices. We are responsible for making decisions about how your personal information is processed. If you still have any questions or concerns, please contact us at legal@octoproctor.com.

Summary

This summary provides key points from our Privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.

What personal information do we process? When you visit, use, or navigate our website, we may process personal information depending on how you interact with us and the website. Learn more about personal information you disclose to us.

Do we process any sensitive personal information? Some of the information may be considered "special" or "sensitive" in certain jurisdictions, for example your racial or ethnic origins, sexual orientation, and religious beliefs. We do not process sensitive personal information.

Do we collect any information from third parties? We do not collect any information from third parties.

How do we process your information? We process your information to provide, improve, and administer our website, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.

In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal information.

How do we keep your information safe? We have adequate organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.

How do you exercise your rights? The easiest way to exercise your rights is by visiting this Privacy notice page or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

Want to learn more about what we do with any information we collect? Review the Privacy notice in full.

1. What information do we collect?

In short: We collect personal information that you provide to us.

Personal information provided by you. The personal information that we collect depends on the context of your interactions with us and the website, and may include the following: name, phone number, email address.

Sensitive Information. Through this website, we do not intentionally collect sensitive personal information as defined under applicable privacy laws. However, certain information collected automatically (such as IP-derived location data) may be considered sensitive in some jurisdictions.

Information automatically collected. We automatically collect certain information when you visit, use, or navigate the website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our website, and other technical information. This information is primarily needed to maintain the security and operation of our website, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

• Log and usage data. Log and usage data is website-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity on the website (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
• Location data. We collect approximate location data based on your device's IP address, such as your country, region, or city. This information is used for analytics and to improve your website experience.

2. How do we process your information?

In short: We process your information to provide, improve, and administer our website, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our website, including:

• To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our website.
• To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see "What are your privacy rights?" below.
• To identify usage trends. We may process information about how you use our website to better understand how they are being used so we can improve them.
• To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.

3. What legal bases do we rely on to process your information?

In short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

If you are located in the EU or UK, this section applies to you.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

• Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent.
• Legitimate interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
• • Send users information about special offers on our products and services
  • Analyze how our website is used so we can improve them to engage and retain users
  • Understand how our users use our products and services so we can improve user experience
• Legal obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
• Vital interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

If you are located in Canada, this section applies to you.

We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

• If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
• For investigations and fraud detection and prevention
• For business transactions provided certain conditions are met
• If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
• For identifying injured, ill, or deceased persons and communicating with next of kin
• If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
• If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a particular province
• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
• If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
• If the collection is solely for journalistic, artistic, or literary purposes
• If the information is publicly available and is specified by the regulations

For clarity, the table below sets out the legal basis we rely on for each processing activity:

4. When and with whom do we share your personal information?

In short: We may share information in specific situations and/or with the third parties described in this section.

Vendors, consultants, and other third-party service providers. We may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct.

The third parties we may share personal information with are as follows:

• Web and mobile analytics: Google
• Website hosting and CMS: Webflow
• Customer relationship management: HubSpot

We may also need to share your personal information in the following situations:

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

International Data Transfers. We are based in the United States, and your personal information will be transferred to and processed in the United States, which may not provide the same level of data protection as your home jurisdiction.

If you are located in the EEA, UK, or Switzerland, we rely on the following transfer mechanisms to ensure an adequate level of protection for your personal information:

• For transfers from the EEA: Standard Contractual Clauses ("SCCs") adopted by the European Commission (Commission Implementing Decision (EU) 2021/914)
• For transfers from the UK: The UK International Data Transfer Agreement ("IDTA") or the UK Addendum to the EU SCCs, as approved by the UK Information Commissioner
• For transfers from Switzerland: The SCCs as recognized by the Swiss Federal Data Protection and Information Commissioner

We are not certified under the EU-US Data Privacy Framework. We conduct Transfer Impact Assessments where required to evaluate the level of data protection in the receiving country.

To obtain a copy of the safeguards we use for international data transfers, please contact us at legal@octoproctor.com.

5. Do we use cookies and other tracking technologies?

In short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to gather information when you interact with our website. Some online tracking technologies help us maintain the security of our website, prevent crashes, fix bugs, save your preferences, and assist with basic site functions.

We also permit third parties and service providers to use online tracking technologies on our website for analytics and advertising, including to help us understand how visitors interact with the website and to improve user experience. We do not use tracking technologies to serve targeted advertising or to tailor advertisements to your interests. We do not use Google Analytics advertising features, audience signals, or remarketing.

How we use cookies:

Google Analytics. We utilize Google Analytics to monitor and evaluate how our website is used. Google Analytics collects data such as pages visited, time spent on pages, and general location based on IP address. We do not use Google Analytics advertising features, audience signals, or remarketing. If you prefer not to be tracked, you can opt out via Google's browser add-on or adjust your preferences through Google Ads Settings and mobile ad settings. Additional opt-out options are available at Network Advertising Initiative and NAI's mobile choices. For details on how Google handles your data, please see their Privacy & Terms.

Managing cookies. You can manage or disable cookies at any time through our cookie preference center or through your browser settings. Note that disabling certain cookies may affect website functionality.

6. How long do we keep your information?

In short: We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, as described in this Privacy notice, or as required or permitted by applicable law. Specific retention periods vary by data category and are summarized below.

6.1. Retention periods

We retain different categories of personal information for different periods based on the nature of the data, the purposes of processing, and applicable legal obligations. The following table sets forth our standard retention periods. These periods may be extended where required by law, regulation, or legal proceedings, or shortened in response to a valid deletion request.

6.2 Criteria for determining retention periods

Where a specific retention period is not prescribed by law, we determine the appropriate period by considering the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure, whether the processing purpose can be achieved through alternative means, and the applicable legal, regulatory, and contractual requirements in the relevant jurisdiction(s).

6.3 Actions upon expiration of the retention period

Upon expiration of the applicable retention period, we shall take one of the following actions:

• (a) Deletion. We will permanently and irreversibly delete the personal information from our active systems.
• (b) Anonymization. Where deletion is not feasible or where anonymized data retains analytical value, we will irreversibly anonymize the information such that it can no longer be attributed to an identified or identifiable natural person, in accordance with applicable regulatory guidance on anonymization standards.
• (c) Secure isolation. Where immediate deletion or anonymization is not technically practicable (for example, where personal information resides in backup archives or disaster recovery systems), we will securely isolate the information from all further processing and implement appropriate technical and organizational safeguards until deletion or anonymization becomes feasible.

6.4 Your rights regarding retention

You may request the erasure of your personal information at any time, subject to applicable legal exceptions. Where we are required to retain certain information to comply with a legal obligation, to establish, exercise, or defend legal claims, or for other purposes permitted under applicable law, we will inform you of the specific basis for our continued retention. For further details regarding your rights, including the right to erasure, please refer to Section 6.3 of this Privacy Notice.

6.5 Jurisdictional considerations

As we serve users globally, retention periods and practices may vary depending on the jurisdiction in which you reside. Where the laws of your jurisdiction impose stricter retention limitations or additional rights, we will comply with those requirements. This includes, without limitation, obligations arising under the EU General Data Protection Regulation (GDPR), the UK General Data Protection Regulation (UK GDPR), Brazil's Lei Geral de Proteção de Dados (LGPD), Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), and the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA).

6.6 Periodic review

We conduct periodic reviews of our data retention practices to ensure that personal information is not retained longer than necessary and that our retention schedule remains aligned with evolving legal requirements and business purposes.

7. How do we keep your information safe?

In short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our website is at your own risk. You should only access the website within a secure environment.

8. Do we collect information from minors?

In short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly collect, solicit data from, or market to children under 18 years of age, nor do we knowingly sell such personal information. By using the website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the website. If we learn that personal information from users less than 18 years of age has been collected, we will take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at legal@octoproctor.com.

This section applies to information collected through the OctoProctor website (octoproctor.com). The OctoProctor proctoring platform is a separate service provided to Testing Institutions, which may be used by individuals under 18 under the direction of a Testing Institution with appropriate consents. For information about how we process personal data from minors who use the proctoring platform, see our https://octoproctor.com/policies/regional-data-protection and https://octoproctor.com/policies/health-and-safety.

9. What are your privacy rights?

In short: Depending on your state of residence in the US or in some regions, such as the European Economic Area (EEA), United Kingdom (UK), Switzerland, and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.

In some regions (like the EEA, UK, Switzerland, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section "How you can contact us about this notice?" below. We will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or UK data protection authority.

If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time through the following mechanisms:

• Marketing emails: Click the "unsubscribe" link included in every marketing email we send
• Cookies and tracking: Adjust your preferences through our cookie preference center, accessible via the cookie banner on our website, or through your browser settings
• Other consent: Contact us at legal@octoproctor.com

Withdrawing your consent will not affect the lawfulness of any processing carried out before withdrawal, nor, where applicable law allows, will it affect processing conducted on lawful grounds other than consent.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features of our website.

For additional information about our data protection practices, including our approach to automated decision-making, data breach notification, sub-processor management, and jurisdiction-specific rights, please refer to our Regional Data Protection Policy.

If you have questions or comments about your privacy rights, you may email us at legal@octoproctor.com.

10. Controls for do-not-track features and global privacy control

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. Because no uniform technology standard for recognizing and implementing DNT signals has been finalized, we do not currently respond to DNT browser signals.

Some browsers and browser extensions support the Global Privacy Control ("GPC") signal, which communicates your opt-out preferences automatically. We recognize and honor GPC signals as a valid opt-out request where required by applicable law. Because we do not sell or share your personal information as those terms are defined under applicable US state privacy laws, GPC signals do not result in changes to the data we process, but we treat such signals as a valid exercise of your right to opt out of sale or sharing.

11. Do United States residents have specific privacy rights?

If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, you may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. More information is provided below.

We have collected the following categories of personal information in the past twelve (12) months:

We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:

• Receiving help through our customer support channels
• Participation in customer surveys or contests
• Facilitation in the delivery of our services and responding to your inquiries

Sources of personal information. Learn more about the sources of personal information we collect in "What information do we collect?".

How we use and share personal information. Learn more about how we use your personal information in the section, "How we do process your information?".

Will your information be shared with anyone else? We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Learn more about how we disclose personal information in the section "When and with whom do we share your personal information?".

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" your personal information.

The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under "When and with whom do we share your personal information?".

Your rights

You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include:

• Right to know whether or not we are processing your personal data
• Right to access your personal data
• Right to correct inaccuracies in your personal data
• Right to request the deletion of your personal data
• Right to obtain a copy of the personal data you previously shared with us
• Right to non-discrimination for exercising your rights
• Right to opt out of the processing of your personal data if it is used for targeted advertising (or sharing as defined under California’s privacy law), the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")

Depending upon the state where you live, you may also have the following rights:

• Right to access the categories of personal data being processed (as permitted by applicable law, including Minnesota’s privacy law)
• Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including California's and Delaware's privacy law)
• Right to obtain a list of specific third parties to which we have disclosed personal data (as permitted by applicable law, including Minnesota's and Oregon's privacy law)
• Right to review, understand, question, and correct how personal data has been profiled (as permitted by applicable law, including Minnesota’s privacy law)
• Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including California's privacy law)
• Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including Florida’s privacy law)

To exercise these rights, you can contact us by by referring to the contact details at the bottom of this Privacy notice.

Under certain US state data protection laws, you can designate an authorized agent to make a request on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with applicable laws.

Request verification

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes.

If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf.

Appeals

Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us at legal@octoproctor.com. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general.

California "Shine The Light" Law

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by using the contact details provided in the section "How you can contact us about this notice?".

Sale and sharing of personal information

We do not sell or share your personal information as those terms are defined under the California Consumer Privacy Act.

12. Do other regions have specific privacy rights?

In short: You may have additional rights based on the country you reside in.

Australia and New Zealand

We collect and process your personal information under the obligations and conditions set by Australia's Privacy Act 1988 and New Zealand's Privacy Act 2020 (Privacy Act). This Privacy notice satisfies the notice requirements defined in both Privacy Acts, in particular: what personal information we collect from you, from which sources, for which purposes, and other recipients of your personal information.

If you do not wish to provide the personal information necessary to fulfill the applicable purpose, it may affect our ability to provide our services, in particular:

• Offer you the products or services that you want
• Respond to or help with your requests

At any time, you have the right to request access to or correction of your personal information. You can make such a request by contacting us by using the contact details provided in the section "How can you review, update, or delete the data we collect from you?".

If you believe we are unlawfully processing your personal information, you have the right to submit a complaint about a breach of the Australian Privacy Principles to the Office of the Australian Information Commissioner and a breach of New Zealand's Privacy Principles to the Office of New Zealand Privacy Commissioner.

Republic of South Africa

At any time, you have the right to request access to or correction of your personal information. You can make such a request by contacting us by using the contact details provided in the section "How can you review, update, or delete the data we collect from you?".

If you are unsatisfied with the manner in which we address any complaint with regard to our processing of personal information, you can contact the office of the Information Regulator (South Africa).

13. How can you review, update, or delete the data we collect from you?

You have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please use the contact info provided in the section "How you can contact us about this notice?".

14. Do we make updates to this notice?

In short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this Privacy notice from time to time. The updated version will be indicated by an updated "Revised" date at the top of this Privacy notice. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy notice frequently to be informed of how we are protecting your information.

15. How can you contact us about this notice?

If you have questions or comments about this notice, you may email us at legal@octoproctor.com or contact us by post at:

ProctorEdu, Inc., 111 Pier Ave STE 100, Hermosa Beach, CA 90254, United States

Our representative in the EEA, UK and Switzerland

Pursuant to Article 27 of the EU GDPR and the UK GDPR, and Article 14 of the Swiss Federal Act on Data Protection (FADP), we have appointed DataRep (Data Protection Representative Limited, trading as DataRep) as our data protection representative. Supervisory authorities and individuals in the European Economic Area (EEA), the United Kingdom and Switzerland may contact DataRep on our behalf regarding the processing of their personal data.

You can contact DataRep:

• by email at datarequest@datarep.com, quoting "OctoProctor" in the subject line;
• via the online form at http://www.datarep.com/data-request.

Please mark all correspondence for the attention of "DataRep" (not "OctoProctor"), otherwise it may not reach our representative. For general questions about our products or services, please contact us directly at legal@octoproctor.com rather than our representative.