ExamFX is dedicated to protecting the privacy of all personal information collected through this website and our Services. We may collect information from you (directly or through third party vendors we retain) or from a third party who is authorized by you or otherwise permitted by applicable law to share information with us (for example, your school or employer) in situations such as the following:
We also may collect information about you from other sources. We work closely with third parties (for example, business partners, service providers, sub-contractors, educational institutions, analytics providers, search information providers, fraud protection services) and may receive information about you from them. We may also collect and process information about you that your Institution or an organization (such as a professional, governmental, oversight or other organization) with which you are, or previously were, affiliated provides to us. We may also collect and process information about you that we receive from other sources including organizations that are our customers (which might be your Institution, for example), organizations that provide our products or services by way of a co-branded or private-labeled platform, product, service, website or application, and organizations that sponsor surveys or programs in connection with our Services. If you use our Services through a third party, please contact that third party first if you have any questions about the data they collect from you and share with us. If they do not address your concerns, please contact us.
To the extent permitted by applicable law, we may collect data in an automated manner and make automated decisions, including using machine learning algorithms, about users of our Services in order to provide or optimize the Services offered and/or delivered, for security or analytics purposes, and for any other lawful purpose. Our Services may collect certain information by automated means when you access or use our Services. This information may include, but is not limited to, usage details, Internet Protocol ("IP") address, browser type, browser language, devices you use, access times, the sites linked from, pages visited, applications downloaded or accessed, links and features used, content viewed or requested, information collected through cookies and other such information. We generally collect this information to improve our Services for our users, to learn about our users’ interests and enhance the Services we provide, for security and analytics purposes, and for other lawful purposes. To learn more, please see our “Cookies and Similar Technologies” section below.
Educational Records (FERPA) and Medical Records (HIPAA). In providing our Services, we are not directly covered by the U.S. Federal Educational Rights and Privacy Act (“FERPA”) or the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). However, to the extent we are required to do so by contract with an organization who provides your personal information to us or with whom we share your information, and to the extent that such personal information provided to us is subject to FERPA or an equivalent law or regulation for your state or country of residence, or HIPAA or an equivalent law or regulation for your state or country of residence, we will comply with such applicable law as required by such contract.
We use your information to provide you, either directly or through a third party, with our Services. We also may use your information to support our business functions, such as fraud prevention, marketing, analytics and legal functions.
We may use your information:
We also may use, process, transfer, and store any data about you in an anonymous, aggregated manner. We may combine personal information with other information, collected online and offline, including information from third party sources.
We may also use information in other ways with your consent or as permitted by applicable law.
We also may share information to fulfill any other purpose for which you have provided information to us; for any other purpose disclosed by us or the third party with whom you are interacting when you provide the information; to enforce our rights arising from any contracts; for billing and collection; or as otherwise permitted under applicable law.
We do not sell, rent, lease or otherwise provide personal information to others for monetary or other valuable consideration.
Security of your personal information is of the utmost importance to us. We use administrative, technical and physical safeguards to protect the security of your personal information from unauthorized disclosure. We take reasonable security measures to secure your personal information against unauthorized access, loss, use, disclosure, or alteration by third parties and unauthorized employees. We use Secure Sockets Layer (SSL) encryption, the industry standard for secure online transmissions.
If information is transmitted to us using a means that is outside our systems, or if you transmit information to a third party, we cannot guarantee the security of information during transmission. Any such unsecured transmission is at your own risk. We recommend that you use appropriate security measures to protect your information.
Accuracy is a top priority for us. You can ensure that any contact data is up-to-date and can correct, update or delete inaccuracies to that information by either logging into your account to review and maintain your information or by contacting customer service. In certain situations, you may need assistance from customer service in making a change. For example, if you received a completion record and then realized that your name was misspelled, we may need to take certain steps to verify your identity before making the change, ensure that your name change is linked to all of your records and, in some states or countries, that the oversight agency receives the correction. We will respond to your request to make changes to your records as soon as reasonably possible.
We will attempt to answer all requests that we correct your data if it is inaccurate or, where required by law, to delete it. Please note that we are not able to delete your data if we are required to retain it by law, contract or for other legitimate business purposes.
In addition, to protect your privacy, we may require you to prove your identity before granting access to, or agreeing to update, correct or delete your personal information.
Not all information about you can be changed. For example, we may have records about how much time you spent working in a training module. Although this information is linked to you, it may not be changed and, in certain instances, it may be subject to government or regulatory oversight. Similarly, learning data, completion status and other data kept in ExamFX systems may not be changed by you, although you should contact us if you believe such data is not accurate.
We may use the following types of cookies and similar technologies:
Most internet browsers accept cookies by default. You can block cookies by activating the setting on your browser that allows you to reject all or some cookies. The help and support area on your internet browser should have instructions on how to block or delete cookies. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you to when a cookie is placed on your computer, tablet or mobile device. Although you are not required to accept cookies, if you block or reject them, you may not have access to all of the features available through our Services, such as tests, trainings or other activities.
For more information, visit the help page for your web browser or see http://www.allaboutcookies.org or visit www.youronlinechoices.com which has further information about behavioral advertising and online privacy.
We may use third party analytics such as Google Analytics or similar analytics services. For information on how Google processes and collects your information regarding Google Analytics and how you can opt-out, please see https://tools.google.com/dlpage/gaoptout.
Cross Device Tracking. When you use your mobile device to interact with us or our Services, we may receive information about your mobile device, including a unique identifier for your device. We and our service providers and third parties we collaborate with, including ad networks, may use cross-device/cross-context tracking. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in your having multiple accounts or profiles across these various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices.
We do not acknowledge browser “do-not-track” indicators.
Our Sites or Services may contain links or other connections to other third-party websites, platforms, products, services or applications that are independent of our Services. The information collection practices and privacy policies of these third parties may differ from ours. ExamFX provides links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by ExamFX of any site or any information contained therein.
To the extent permitted by applicable law, we may retain your information for as long as your account is active, for at least twenty-four (24) months thereafter, or as long as is reasonably necessary to provide you with our Services or as needed for other lawful purposes. We may retain cached or archived copies of your information. We may be required to retain some of your data for a longer period of time because of various laws and regulations or because of contractual obligations. We also will retain your information as long as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
We may use your information to make business, informational and collections calls relating to our Services to all telephone numbers, including cellular numbers or mobile devices, you choose to provide on your account or in registering for any of our Services. You agree such calls may be pre-recorded messages or placed with an automatic telephone dialing system. In addition, you agree that we may send service or account related text messages to cellular phone numbers you provide to us, and you agree to accept and pay all carrier message and data rates that apply to such text messages. If you choose to provide an email or other electronic address on your account, you acknowledge and consent to receive business and informational messages relating to our Services at such address, including collections messages, and you represent and warrant that such address is your private address and is not accessible or viewable by any other person.
We recognize the importance of protecting the privacy and safety of children. Our Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Services and do not send any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us as set forth below.
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit our Privacy Notice for California Residents . The Notice supplements and is incorporated in this Policy.
The California Consumer Privacy Act (“CCPA”) provides consumers with certain rights, including the right to access your “personal information” (a term defined by the law) we may have about you and to know how we use and disclose this data, the right to have your data deleted under certain conditions and the right not to be discriminated against for having exercised your other rights. One of the main objectives of CCPA is to give consumers control over the sale of their data. ExamFX does not sell, rent, lease or otherwise provide personal information to others for monetary or other valuable consideration. Your rights and other CCPA concepts are more fully described in our Privacy Notice for California Residents.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Websites who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To obtain this information, please contact us by e-mailing [email protected] with “Request for California Privacy Information” included in your message. Please include sufficient information so that we can process your request, including name, mailing address, and email address if you want to receive a response by email. We reserve the right to confirm your identity before processing any requests.
If you are a California resident under age 18 and are a registered user of any of our Services, then you may request that we remove any content or information that you posted on our Websites, online services, online applications, or mobile applications ("User Content"). To request removal of your User Content, please send a detailed description of the specific User Content you want us to remove to the email or regular mail address set forth above. We reserve the right to request that you provide information that will enable us to confirm that the User Content that you want removed was posted by you.
We will make a good faith effort to delete or remove your User Content from public view as soon as reasonably practicable. Please note, however, that your request that we delete your User Content does not ensure complete or comprehensive removal of your User Content. Your User Content may remain on backup media, cached or otherwise retained by us for administrative or legal purposes or your User Content may remain publicly available if you or someone else has forwarded or re-posted your User Content on another website, online service, online application or mobile application prior to its deletion. We may also be required by law or other legal obligation to not remove (or allow removal) of your User Content.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Job Applicants: In connection with a job application or inquiry, you may provide us with data about yourself, including your educational background or resume and other information, including your ethnicity where required or permitted by law. We may share this information with our parent corporations and their affiliates for the purpose of employment consideration. We may keep the information for future consideration unless you direct us not to do so.
We may send you catalogs or e-mails to inform you of new products, services and special offers. If you would prefer not to be contacted about such special offers, products or services, please notify us of such preference using any of the contact information set forth below. Please be aware that we will honor all opt-out requests, however, there may be a delay between your submission of such request and the actual removal of your name and contact information from our mailing lists as these are generated well in advance of our actual mailings.
Note that opt-out may not be permitted for communications related to enforcement of our legal rights, such as collections, or if opt out is not allowed under the policy of your employer or the regulatory agencies under which you operate.
Please feel free to contact us at any time with any questions or comments you may have or to edit your personal information. We can be reached by any of the means of contact included in the opt-out provision set forth above.
THE TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE PERSON NAMED IN THE ACCOUNT, AND EXAMFX, INC. (“EXAMFX”) AND GOVERN YOUR USE OF EXAMFX MATERIAL, WHETHER DELIVERED BY SHIPMENT OR ACCESSED ONLINE, INCLUDING, BUT NOT LIMITED TO, EXAMFX CURRICULUM, BOOKS, COURSE CONTENT, INSTRUCTIONAL AND TEST PREPARATORY MATERIALS, VIDEOS, TUTORIALS, TESTING AND ASSESSMENT MATERIALS, AND RELATED EXAMFX RESOURCES AND SERVICES (COLLECTIVELY REFERRED TO HEREIN AS “EXAMFX PRODUCTS”) MADE AVAILABLE TO YOU BY EXAMFX, INCLUDING BUT NOT LIMITED TO, THROUGH EXAMFX’S ONLINE E-LEARNING SERVICES (“EXAMFX E-LEARNING SERVICES”). YOU MUST AGREE TO THESE TERMS BEFORE ESTABLISHING AN ACCOUNT WITH EXAMFX AND BEFORE YOU ACCESS ANY EXAMFX PRODUCTS. BY AGREEING TO THESE TERMS, YOU ARE CERTIFYING THAT YOU ARE THE PERSON NAMED IN THE ACCOUNT. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE” AND, INSTEAD, CONTACT EXAMFX CUSTOMER SERVICE. IF YOU DO NOT CLICK “AGREE”, YOU WILL NOT BE ABLE TO CREATE AN ACCOUNT WITH EXAMFX AND YOU SHOULD NOT ACCESS THE EXAMFX PRODUCTS.
Prior to creating an account with ExamFX (“Account”), you will be required to provide certain information. Upon establishing an Account, you will be provided by ExamFX with a username and access code or product code. When establishing your Account, You agree to provide complete and accurate information to ExamFX and to permit ExamFX to store and use your registration data for use in maintaining your Account. You agree to protect your username and password, as well as any access codes and product codes provided by ExamFX, and not share them with others or permit any unauthorized use of the ExamFX Products or ExamFX E-learning Services. By establishing an Account, you certify and represent that you will be the person taking the course(s) or assessment(s) for which you have registered and that any attestations which you are required to complete in connection with the foregoing will be completed only by you.
You understand and agree that ExamFX Products and ExamFX E-learning Services each constitute intellectual property and proprietary material that is owned by ExamFX or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by ExamFX and its licensors. ExamFX, Inc. and other ExamFX trademarks, service marks, graphics, and logos used in connection with the ExamFX Products and ExamFX E-learning Services are trademarks or registered trademarks of ExamFX, Inc. in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the ExamFX Products and ExamFX E-learning Services may be the trademarks of their respective owners. ExamFX and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.
ExamFX Products made available to you by ExamFX are licensed, and not sold, to you, subject to the terms of this Agreement and your timely payment of any fees due and payable by you to ExamFX. Your license to use ExamFX Products is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each ExamFX Product, including any updates or enhancements thereto. You are not authorized to assign or transfer this license or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, ExamFX grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the ExamFX Products or ExamFX E-learning Services (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the ExamFX Products or ExamFX E-learning Services). You agree to use ExamFX Products and ExamFX E-learning Services only as permitted under this Agreement. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use ExamFX Products and ExamFX E-learning Services. If ExamFX reasonably suspects that you have violated this Agreement, or if you have not paid fees any fees that are due and payable by you to ExamFX, then, without notice to you, ExamFX may terminate this Agreement, the license, and your account and deny you further access to ExamFX Products and ExamFX E-learning Services. Upon termination of this license, you shall cease all use of the ExamFX Products and ExamFX E-learning Services and remain liable for paying all amounts that may be due and payable by you to ExamFX. ExamFX reserves the right to modify, suspend, remove, or disable access to any ExamFX Products or ExamFX E-learning Services at any time without notice and in no event will ExamFX be liable for making any such changes.
You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of ExamFX Products and ExamFX E-learning Services. You will not use the ExamFX Products and ExamFX E-learning Services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export the ExamFX Products except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. ExamFX Products may not be exported into any U.S. embargoed countries or to anyone on the U.S. Government’s list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.
ExamFX Products and ExamFX E-learning Services were developed using private funds and are “Commercial Items” as defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation.” Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.
ExamFX may include material from third parties or include links to third party websites in its ExamFX Products. Such material is provided as a convenience to you and ExamFX assumes no liability or responsibility for such third party materials or websites.
EXAMFX PRODUCTS AND EXAMFX E-LEARNING SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND EXAMFX HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE EXAMFX PRODUCTS AND EXAMFX E-LEARNING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY EXAMFX EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR MODIFY THIS SECTION. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILTY TO USE, EXAMFX PRODUCTS AND EXAMFX E-LEARNING SERVICES IS AT YOUR SOLE RISK. EXAMFX DOES NOT WARRANT FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN EXAMFX PRODUCTS OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF EXAMFX PRODUCTS. EXAMFX TAKES PRECAUTIONS TO PROTECT EXAMFX PRODUCTS AND EXAMFX E-LEARNING SERVICES, BUT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. EXAMFX DOES NOT GUARANTEE OR WARRANT THAT YOUR USE OF EXAMFX E-LEARNING PRODUCTS OR EXAMFX E-LEARNING SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. EXAMFX PRODUCTS ARE PROVIDED TO YOU WITH THE UNDERSTANDING THAT EXAMFX IS NOT RENDERING TO YOU ANY LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL SERVICE OR ADVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.
IN NO EVENT WILL EXAMFX, INC. ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE EXAMFX PRODUCTS AND EXAMFX E-LEARNING SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, EXAMFX’S LIABILTY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall ExamFX’s total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
By accepting this Agreement and using the ExamFX Products and ExamFX E-learning Services, you agree that you will indemnify and hold ExamFX, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of the ExamFX Products and ExamFX E-learning Services, or any action taken by ExamFX to protect its intellectual property, including, but not limited to, suspension or termination of your access to ExamFX Products and ExamFX E- learning Services.
ExamFX reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately when posted on this site and will govern your continued use of ExamFX Products and ExamFX E-learning Services.
This Agreement is governed by the laws of the State of Kansas, U.S.A., without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the State of Kansas, U.S.A. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No ExamFX employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement, unless such modification is in a written agreement signed by an authorized representative of each party.
This Agreement is the entire and exclusive agreement between ExamFX and you regarding your use of ExamFX Products and ExamFX E-learning Services and replaces any prior agreements between you and ExamFX regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. ExamFX’s failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. ExamFX is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of ExamFX’s control.
ExamFX reserves the right to take steps ExamFX believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that ExamFX has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as ExamFX believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ExamFX's right to cooperate with any legal process relating to your use of the Services and/or Products, and/or a third-party claim that your use of the Services and/or Products is unlawful and/or infringes such third party's rights).