Last updated and effective: 08/15/2024
Avant Assessment, LLC (“Avant,” “us,” “we,” or “our”), is an Oregon Limited Liability Company that owns and operates a variety of educational services, online language proficiency assessment and testing services, and the website available at www.avantassessment.com (the “Website”). This Privacy Policy applies to the Website.
To review the Privacy Policy that applies to our education products, including our educational services and online language proficiency assessment, and testing services, visit https://www.avantassessment.com/policies/services-privacy.
This Privacy Policy describes how we may collect, use, and disclose Personal Information that we collect from visitors to our Website, as well as your rights regarding your Personal Information. We refer to these visitors as “you,” or “your.” When we refer to “Personal Information,” we mean information that identifies, describes, or relates to an identified or identifiable individual, or that is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular individual or household.
By accessing or using the Website, you acknowledge that you have read and understand this Privacy Policy. If you do not agree with this Privacy Policy, please do not access or use our Website.
Please also review our Website Terms of Use as that is an agreement between you and Avant.
Personal Information We Collect
When you visit our Website, you may choose to engage with certain features for which we will require that you share certain Personal Information with us. For example:
| Feature | Personal Information We Collect |
|---|---|
| Contact Form: You may choose to fill out a contact form to contact us with questions, register for one of our events, or to request a price quote. | First and last name, job title, organization type, organization name, your state, country, email address, and phone number, and, where applicable, the services of interest, as well as the questions you would like us to respond to. We may also collect Personal Information about you from publicly available sources. For example, if you provide us with a personal email address, we may attempt to locate a publicly available email address for your organization to use to correspond with you about a potential purchase by your organization. We may also collect Personal Information about you by purchasing a list of customer prospects from a marketing firm or from a conference organizer. |
| Customer Support: You may choose to send in a request for customer support. | Product test code and login name. Information you provide for customer support is governed by our educational services privacy policy, available here: Product Privacy Policy. |
| Purchasing Services | Your name and address, and payment information, a billing contact name and phone number, and, depending on the method of payment that you choose, a credit card number and related payment information. We use this information to process your order when you choose to purchase any of the Avant online, standards-based language assessments, teacher trainings, and educational tools. Your billing details (such as your credit card number) are processed by our third party payment provider partner. |
| Job Application: You may choose to apply for a job through our Website. | First and last name, email address, and the position for which you’d like to apply. You may also be asked to provide your phone number and your resume or CV. If you apply to work with us in the capacity of a reviewer and rater of exams, we will also ask you to provide your country of residency, country of degree, time zone, hours you are available to work, your education background, language credentials, and language for which you are applying to be a rater, plus information about your experience with the language, and optionally, who referred you to us. |
- We use the Personal Information we collect from you via our Website to contact you in response to your inquiries, to provide you with information and offers we believe may be of interest to you, and to help resolve your concerns. As applicable, we may also use the Personal Information for additional business purposes, including to provide our products and services, process or fulfill orders and transactions, verify customer information, process payments, provide analytic services, detect security incidents that may compromise the confidentiality of the Personal Information in our possession, maintain or improve the quality or safety of our services, offer and deliver training and marketing events, process your employment application, or enforce our legal rights or otherwise as required by applicable law or requested by any judicial process or governmental agency.
- Please note that if you choose to participate in a webinar or similar online event, and you voluntarily display your name and/or image to other attendees through the presentation platform (e.g., by keeping your camera on or displaying your name during a Zoom presentation), that information (and any comments that you make or messages that you share during the event) may be recorded. In such case, we reserve the right to include this information about you in any subsequent distribution of the recording. We will generally make our best efforts to announce to attendees at the outset of an event whether a recording will be made.
Children’s Privacy
Our Website is intended for a general audience and not for children under the age of 13 or otherwise under the age of consent for collection of Personal Information in their country. We do not knowingly collect Personal Information from children under the age of consent via our Website. If we learn that we have inadvertently done so, we will take steps to promptly delete it.
Automatically Collected Information
We also automatically collect certain information from you when you visit our Website. This includes the Internet Protocol address associated with your device, as well as your browser type and version, the operating system of your device and language, the country where you are located, areas of the Website that you visit, the pages viewed and the time and duration of your visit (“Automatically Collected Information”).
We use this information to help us understand how our Website is used, diagnose technical problems, remember your preferences, improve the security of our Website, and improve our Website’s general functions. When this information is in a form that identifies you as an individual, we treat it as Personal Information in accordance with this Privacy Policy.
We use certain technologies to collect this information, including:
Cookies: Cookies are small data files sent by a website and stored on your device. Cookies store information that allows us to recognize the browser on return visits and to remember your preferences.
Pixel tags: Pixel tags (which are also called “clear gifs” or “web beacons”) allow us to track patterns in how our Website is used and to understand which links are clicked. We also include pixel tags in emails that we send you, and that allows us to know which emails are opened.
Clicktracking: Clicktracking allows us to capture “clickstream data” about your use of the Website. This includes information about what actions you take on the Website, such as what you see or click on during your visit and how you interact with certain features. This can include information such as the order in which you click on buttons or links on a page, and it allows us to develop insights about how you move through the Website.
Third Party Cookies and Tracking
We use a variety of third parties to help us collect and understand the Automatically Collected Information described above, as well as to personalize the content that you see and the advertising you see in other areas of the Internet. Most browsers can be set to detect cookies and let you reject them, but refusing cookies may impact how some areas of our Website function.
A list of companies that use cookies on our Website, the services they provide, and information about how you may opt out of cookies is included in our Cookie Notice.
To make choices about cookies placed by Avant or by third parties on our Website, visit “Cookie Settings,” which can be found in the footer of our Website. If you don’t want or no longer want to have cookies placed on your browser by third parties, many of them offer ways to opt out. To learn more about browser cookies, including how to manage or delete them, refer to the “Tools,” “Help,” or similar section of your web browser. For more information about cookies, you can also visit www.allaboutcookies.org.
We do not serve targeted advertising on our Website; however, when you use the Internet, we and our third parties, including ad networks, web analytics companies, and social networking platforms may use tracking technologies such as those described above and others, to collect information about your online activities over time and across our and other websites. We and they may use this information to measure the effectiveness of our advertising elsewhere on the Internet, and to target advertisements for products and services that may interest you.
Our Website does not currently respond to “do not track” (DNT) signals transmitted by web browsers. For more information about third-party advertisers and how to prevent them from using your information, visit the NAI’s consumer website at https://www.networkadvertising.org/choices, https://www.aboutads.info/choices/, or https://www.youronlinechoices.com/uk/. You will need to opt out separately for each of your devices and for each web browser (e.g., Chrome, Edge, Firefox, Safari) that you use on each device. We do respond to Global Privacy Control (GPC) in certain territories where that is required. To learn more about GPC, visit https://globalprivacycontrol.org.
How We Use and Disclose Your Personal Information
In addition to what is described above, the chart below provides additional information about how we may use and disclose your Personal Information. In some regions, we are required to explain our legal basis for use and sharing of your Personal Information, and we have included that below, as applicable.
- To administer and maintain our Website, including to protect the security of our Website (whether on our own or through engaging a third party vendor);
- To respond to your inquiries and to otherwise communicate with you, such as when we may notify you about changes to our Website or solicit feedback on your experiences with our products and services;
- In the event of a reorganization, merger, sale, bankruptcy or similar business change, in which case we may need to transfer your Personal Information to another party to the business change or to a new owner for them to use in accordance with this Privacy Policy; or
- When you apply to work with us, to consider your suitability for employment with us.
Our legal basis for the above, where applicable, is fulfillment of our legitimate interests in providing you with access to our Website, communicating with you in response to your inquiries or about Website issues, and operating and changing our business.
For marketing purposes, including that we may distribute recordings of webinars or similar online events where you have chosen to attend the event after receiving notice that it will be recorded and either (i) consented through the presentation platform or otherwise to our use of the recording; or (ii) voluntarily chosen to display your name and face to other attendees through the presentation platform (e.g., by keeping your camera on or displaying your name during a Zoom presentation).
Our legal basis for the above, where applicable, is your consent.
To process your payments (including by credit card and any other applicable means) and purchase requests, including to provide you with the Services you have purchased and for billing purposes.
Our legal basis for the above, where applicable, is performance of a contract.
In the event of a known or suspected violation of our terms of use, to prevent fraud or other unlawful use, including to share Personal Information with parties that are assisting us in an investigation and as we may be required to do under applicable law; or
Where we have a legal obligation to do so, including as necessary to protect our rights or the rights and safety of others. We may also share your Personal Information when we are required to in the event of a court order or a regulatory or other lawful request. However, unless legally prohibited from doing so, we will direct any such request to you or notify you before responding unless doing so would adversely impact the prevention or detection of a crime.
Our legal basis for the above, where applicable, is to fulfill our legal obligations and ensure the legality of our Website as well as our legitimate interests in protecting our legal rights.
For more information about our legal basis, including for information on how we work to ensure our legitimate interests do not override your rights and freedoms, please contact us at legal@avantassessment.com.
Where We Share Your Personal Information
To assist us in delivering and maintaining our Website, including to provide certain features and services, it is sometimes necessary to share your Personal Information with third party providers. These services and features include data hosting, maintenance, security, analytics, content delivery, email communication, and video players.
Third Party Links
Our Website contains links to third party websites, including social networking websites, that may include materials prepared, or be operated by, parties other than Avant. The fact that we link to a website is not an endorsement of that website and does not suggest that we are affiliated with that website. We do not control third party websites or their privacy practices. Those websites may place their own tracking technologies on your device and may have different rules regarding what information they collect, and how they use and disclose that information. We encourage you to read the privacy policy and terms of any website that you visit.
Security
We have put in place physical, administrative, and technical safeguards to help protect the confidentiality, security, and integrity of your Personal Information. However, the Internet is not perfectly secure, and we cannot guarantee that security breaches will not occur. Accordingly, we are not responsible for security breaches that are not reasonably foreseeable or reasonably within our control.
How Long We Retain Your Personal Information
We retain your Personal Information for as long as is needed for the purpose for which it was provided, or for as long as we are permitted to under applicable law, including as may be necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and protect the security of our Website.
We may create and retain deidentified data for use for lawfully permissible purposes.
Opting Out of Marketing Emails
We may send you emails with information about our products and services that we believe may be of interest to you. You may opt out of receiving these emails by clicking on the “unsubscribe” link that appears on the bottom of each email we send, or by contacting us at marketing@avantassessment.com.
California “Shine the Light” Law
If you are a resident of California, you may request certain information regarding our disclosure of Personal Information (if any) for marketing purposes. To make such a request, please contact us at 940 Willamette Street, Suite 530, Eugene, OR 97401.
Additional Information for Residents of Texas
Certain US state laws, including Texas law, provide their residents with certain rights related to their Personal Information, as described below.
Right to Know and Access Personal Information: You may access Personal Information we maintain about you and request to receive it in a machine-readable copy that is readily available to you by using the methods provided below. If we grant your request, we will provide you with a copy of the Personal Information we maintain about you in the ordinary course of business. We may not fulfill some or all of your request to access as permitted by applicable law.
Right of Correction: You have the right to correct inaccuracies in the Personal Information we maintain about you.
Deletion of Personal Information: You may ask us to delete the Personal Information we maintain about you by using the methods provided below.
Right to Opt Out of “Sale” of Personal Information: Texas residents may opt out of what Texas law considers to be the “sale” of your Personal Information. For our Website, this means transfer of your Personal Information to certain third parties for their targeted advertising purposes. You may opt out of this practice by clicking on the “Do Not Sell My Personal Information” link on the footer of our Website.
Before we are able to fulfill your requests regarding certain rights, we are required by law to verify your identity in order to help prevent unauthorized access to your data. In addition, please note that the rights listed above are subject to certain exemptions to safeguard the public interest (for example, to prevent or detect a crime) and our interests (for example, to maintain legal privilege). As a result, requests to exercise these rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law. Where required by applicable law, we will notify you if we are unable to fulfill your request and of any reasons why we are unable to honor your request.
When authorized by law, you may be allowed to use an authorized agent to exercise any of these privacy rights on your behalf. If you are an authorized agent acting on behalf of a Texas resident to communicate with us or to exercise a privacy right, you must be able to demonstrate that you have the necessary authorization and access to act on behalf of the resident. If you are an authorized agent trying to exercise rights on behalf of a visitor to our Website, please contact us at the contact information below with supporting verification information required under applicable state law.
How To Exercise Your Rights
Please visit the Exercise My Privacy Rights page or contact us using the information below in order to exercise the rights described in this section. If you have any questions or concerns regarding your rights or this Privacy Policy, you may contact us at: Attn: Legal Team, Avant Assessment, LLC, 940 Willamette Street, Suite 530, Eugene, OR 97401.
We will comply with your rights within the time frame required by applicable law. We don’t discriminate or otherwise penalize anyone for exercising their rights under this Privacy Policy.
The chart below reflects our current practices and our practices that have been in place over the past 12 months.
Categories of Personal Information We Collect
We automatically collect:
- Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our Website or advertisement;
- Geolocation data;
- Identifiers such as your IP address.
- Inferences drawn from any of the information collected to create a profile about a consumer that reflects the consumer’s preferences, characteristics, behavior, attitudes, intelligence, abilities, or aptitudes.
When you choose to engage with certain Website features:
- Identifiers, such as your first and last name, job title, organization type, organization name, your state, country, email address, and phone number, and where applicable, the services of interest, as well as the questions you would like us to respond to.
- Commercial information, such as a record of products you may have considered.
- Education or employment-related information.
We may also collect publicly available information about you.
We collect your Personal Information from these sources:
- Directly from you
- From publicly available sources
- From marketing firms and conference organizers
We collect your Personal Information to provide the Website and for the following purposes:
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
- Debugging to identify and repair errors that impair existing intended functionality;
- Sending you marketing information;
- Providing customer service;
- Maintaining the quality of our service and to improve, upgrade, or enhance our service;
For additional details, see “How We May Use and Share Your Personal Information,” above.
Third parties with whom we disclose your Personal Information for a business purpose:
We disclose the categories of Personal Information described above to service providers who support us in delivering the Websites, as described above. This includes sharing your Personal Information with certain third parties, such as analytics companies and ad networks. We use this information to understand how our Website is used, to serve advertising to you after you’ve visited our Website, and to understand the efficacy of our advertising. The third parties may also use your Personal Information for their own or for other companies’ commercial purposes.
We may “sell” your Personal Information to these categories of third parties:
Advertising, marketing, and social media companies may use your Personal Information for their targeted advertising purposes, which Texas law considers to be a “sale” or “sharing” of Personal Information.
Additional Information for Visitors from the European Economic Area (EEA), Switzerland, and the United Kingdom (UK)
If you are located outside of the United States, please be aware that your Personal Information will be transferred to, processed and stored in the United States.
When you access our Website, we function as a “data controller” under the General Data Protection Regulation (“GDPR”). In some cases, we will ask for your consent so that we may process your Personal Information. In other circumstances, we may rely on a different lawful basis, as explained in the section, “How We Use and Disclose Your Personal Information.”
By visiting or using our Website, you acknowledge that we may transfer, process, use, disclose, and store your Personal Information as described in this Privacy Policy. Wherever the information is, it will be treated in accordance with this Privacy Policy and applicable privacy laws of the United States. These laws may be different from the privacy laws in your country. However, this does not change our commitment to safeguard your privacy, and we will comply with all applicable laws relating to the cross-border disclosure of your Personal Information.
Where required, we will implement Standard Contractual Clauses with our third parties or rely on such other transfer mechanisms to ensure that the transfer of your Personal Information outside of your country is lawful. You may request details of the transfer mechanisms that we rely on to transfer Personal Information outside of your country by emailing us at legal@avantassessment.com.
Your Rights
Depending on where you are located or where you reside, applicable laws may provide you with rights regarding your Personal Information, and we will respect those rights as required by law.
If you are located in the EEA, Switzerland, or the UK, you have the right to:
- Access, update, or correct your Personal Information
- Request deletion of your Personal Information;
- Object to certain processing of your Personal Information, including processing related to marketing;
- Receive a machine-readable copy of Personal Information concerning you that you have provided to us;
- In certain circumstances, request to transfer your Personal Information to an applicable third party;
- Where you have provided your consent for our processing of your Personal Information, you may withdraw such consent by contacting us using the details provided below in the “Contact Us” section;
- You may also restrict how we use your Personal Information while a complaint is being investigated.
The rules in your country may provide you with additional rights or may limit these rights. In all cases, we will provide rights in compliance with applicable laws, and if you contact us to exercise any of these rights, we will verify your request and respond within the time period required by applicable law. Please be aware, however, that your exercise of these rights is subject to certain exemptions to safeguard the public interest (for example, prevention or detection of crime) and our interests (for example, our maintenance of legal privilege).
Updates to This Privacy Policy
From time to time, Avant may review this Privacy Policy for compliance with all applicable laws, and may modify or amend it from time to time as necessary for compliance purposes. We will alert you to changes by providing notice within the Website or otherwise as required by law. The “last updated” note at the top of this policy indicates when it was last revised, and updates will become effective when they are posted.
Contact
If you want to contact us to exercise your rights under this Privacy Policy, learn more about your rights or our privacy practices, or to request access to this Privacy Policy in an alternative format, contact us at:
Mail:
Avant Assessment, LLC
940 Willamette Street, Suite 530
Eugene, OR 97401 USA
E-mail:
legal@avantassessment.com
If you have concerns or complaints regarding this Privacy Policy or our data handling procedures, you may have a right to lodge a complaint with a supervisory authority.