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 online educational services, including online language proficiency assessment and testing services (collectively, the “Services”).
This Privacy Policy describes how we may collect, use, and disclose Personal Information that we collect from users of our Services, as well as your rights regarding your Personal Information.
In this Privacy Policy, we refer to users of the Services 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 Services, you acknowledge that you have read and understood this Privacy Policy.
Personal Information that we process on behalf of our individual customers (“Home Customers”) is subject to this Privacy Policy. In situations in which Avant processes Personal Information on behalf of our education institution customers (“Education Customers”), in addition to this Privacy Policy, your privacy is further governed by our contract with the Education Customer.
Personal Information We Collect
The Personal Information we collect may vary depending on your role and the Services you are using.
| Product | Personal Information which may be Collected from Customers | Personal Information which may be Collected from Test Takers |
|---|---|---|
| Assessment Tests (including Avant STAMP products, Avant Super Language tests, and Arabic Proficiency Test) | • State • District Name • School Name • Teacher Name • Other Staff Names • Testing Group Name • Language | • Login Name and Password • First Name • Last Name • Grade (optional at discretion of customer) • Test Taker ID • Written and Spoken Responses • In addition, test takers, or, in the case of test takers under 13, the Education Customer, who wish to apply for a Global Seal of Biliteracy or pursue an Avant Digital Badge provided via one of our third party badging partners may be requested to provide the minimum amount of additional information necessary to facilitate the Global Seal or Badge (as applicable). This information may include, for example, an email address. |
| Avant PLACE and SHL | • State • District Name • School Name • Teacher Name • Other Staff Names • Testing Group Name • Language | • First Name • Last Name • Test taker ID An Education Customer will also be asked to provide the following information to support their class placement: • How many years has the individual studied or spoken the target language? • What tests has the individual taken in the target language? • Does anyone in the individual’s household/family speak a language other than English? • Which language? • Who in the household speaks that language? • In what grades has the individual previously studied the target language? |
| AvantProctor (Add on service, available for purchase by Education Customers in conjunction with Assessment Tests for students age 13+) | No additional information is collected. | In addition to the information collected above, our third party proctoring partner also collects certain Personal Information. The information they collect is described in and is governed by their privacy policy and terms of service, which test takers must agree to before using. Avant maintains limited access to the following information but does not otherwise store or process this information in its provision of this optional service: • Login Name and Password • First Name • Last Name • Email address • Grade • Test Taker ID • Spoken and Written Responses • Video of the testing for proctoring purposes • Audio of the testing for proctoring purposes • Photo ID for verification purposes (this information is not stored) |
| Avant READY (only applicable in Nicaragua) | • Username and Password • First Name • Last Name • Email Address • Scores | |
| ADVANCE (available only to educators) | • Password • First Name • Last Name • Email Address • Language for the License | |
| Avant MORE Learning (available only to educators) | • First Name • Last Name • Email Address • Feedback on Training Sessions |
Our Education Customers may also choose to have their students sign into the Services through the Education Customer’s third-party single sign-on portal. In these cases, in addition to the information listed above, we also will receive a token that authenticates the individual in the Services.
In addition, if you choose to contact our Support team, we may collect your first and last name, email address, telephone number, and other contact information so that we may respond to you as needed as we work to answer your question or resolve your concern.
Automatically Collected Information
As you use our Services, we automatically collect certain information from you using various tracking technologies. The information we collect includes the Internet Protocol address associated with your device, your browser type and version, the operating system of your device, settings, unique device identifiers, network information and other device-specific information, as well as activity and log files. We also collect the language used on the device, the country where you are located, areas of the Services that you visit, the pages viewed and the time and duration of your visit.
We use this information to help us understand how our Services are used, diagnose technical problems, remember your preferences, improve our Services, and for security purposes (including preventing fraud and abuse and protecting our computer, software, hardware, and communications systems). 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.
The Technologies We Use to Collect this Information
We use cookies to automatically collect the information described above. 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.
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. Most browsers can be set to detect cookies and let you reject them, but refusing cookies may impact how some areas of our Services function. 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.
A Note About Our Collection of Personal Information from Children
In the event that an Education Customer chooses to use our Services with students under the age of 13 or otherwise under the age of consent for privacy purposes in their jurisdiction, we rely on the Education Customer to obtain any necessary parental consents or act in lieu of the parents in providing consent for our collection and use of the Personal Information. We otherwise comply with our direct obligations for protecting that Personal Information. If we learn that we have inadvertently collected such Personal Information without the necessary consent, we will take steps to promptly delete it.
Parents of children under 13 or otherwise under the age of consent for privacy purposes in their jurisdiction who are using the Services under the direction of an Education Customer should contact the Education Customer if they wish to review or request deletion of their child’s Personal Information, or request that we make no further contact with their child. We will work with the Education Customer as necessary to facilitate that or any related rights requests.
We do not sell Services intended for children under 13 to Home Customers.
For more information about our collection and use of Personal Information from children under age 13, please see our Children’s Privacy Notice.
A Note About Personal Information Collected from Students of Education Customers
When Education Customers who are subject to the Family Educational Rights and Privacy Act (“FERPA”) contract with Avant, they agree to designate us as a “school official” with a “legitimate educational interest” in providing the Services as the terms are used in FERPA §§ 99.31(a)(1). Avant remains under the direct control of the Education Customer with respect to the use and maintenance of FERPA-protected “education records” and uses student Personal Information only as set forth in our agreement with the Education Customer and in compliance with applicable law.
How and Why We Use Your Personal Information
We do not sell or rent your Personal Information, and we do not use your Personal Information for advertising purposes.
Generally, we use your Personal Information as described below.
- To provide and maintain the Services, including to create and manage login credentials to authenticate users of the Services, allow you to take tests and other assessments; provide results of test performance, including scores and other feedback related to the testing and assessment performance, including proctoring results; conduct proctoring and allow our third party partner to conduct proctoring when the Education Customer has chosen to purchase such features; to provide reports to our Customers on their users’ performance; provide test results and student emails to our badging partner when a Home Customer or Education Customer has purchased such services.
- To provide customer support, including via phone and email, to help maintain the security of our Services, and to communicate with you regarding the Services and solicit your feedback on the Services.
- As applicable, to process your payments in connection with the Services.
Our lawful basis for the processing described above, where and in the circumstances in which it is required, is to pursue our legitimate interest in providing, maintaining, and securing the Services and performance of a contract.
- In the event of a reorganization, merger, sale, assignment, bankruptcy, or similar business change, in which case we may need to transfer your Personal Information to that re-organized entity or new owner after the sale or reorganization for them to use in accordance with this Privacy Policy.
Our lawful basis for the processing described above, where and in the circumstances in which it is required, is to pursue our legitimate interest in providing, maintaining, and securing the Services and performance of a contract.
- In the event of an investigation, during which we may share your Personal Information with entities assisting us, or as may be required by applicable law in response to a known or suspected violation of our terms of use, fraud prevention, or other unlawful use of our Services.
- We may use and disclose your Personal Information as necessary to protect our rights or the rights and safety of our users, or as necessary in the event of a court order, regulatory inquiry or other lawful request. Provided, however, that unless legally prohibited, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime.
Our lawful basis for the processing described above, where and in the circumstances in which it is required, is to fulfill our legal obligations to ensure the legality of our Services, and our legitimate interests in protecting our legal rights.
To provide existing Customers with marketing materials, including updates and offers about our Services. At any time, you may unsubscribe or opt-out of further email communications by clicking on the link labeled “unsubscribe” or “manage preferences” available at the bottom of each email or by contacting us at legal@avantassessment.com.
Our lawful basis for the processing described above, where and in the circumstances in which it is required, is your consent.
Where We Share Your Personal Information
To assist us in delivering and maintaining our Services, including to provide certain features, 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, proctoring, email communication, badging, and video players.
A list of third party service providers and the services they provide is available here.
Third Party Links
Our Services may contain links to third party websites. 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 and, by accessing those websites, you acknowledge that you are using and relying upon them at your own risk. 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 use 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 are not responsible for security breaches not reasonably foreseeable or reasonably within our control.
Security of the Services also depends in part on you keeping your log in credentials confidential. If you know or suspect that your credentials have been compromised, please contact us promptly at compliance@avantassessment.com.
How Long We Retain Your Personal Information
We delete Personal Information within 90 days after termination of a contract or within 30 days of a written request. While a customer remains under contract, we will not retain that data for longer than 4 years.
With respect to the AvantProctor Services, we retain access to the audio and video of you taking the exam, which includes an image of the ID you used for verification purposes, for 14 days after the exam. We use this information in the event that there is a dispute by a customer about the exam performance results.
We may create and retain deidentified data for use for lawfully permissible purposes.
Opt-Out Policy
We may send our Home Customers and Education Customers emails with information about our products and services that we believe may be of interest. You may opt out of receiving these emails by clicking on the “unsubscribe” or “manage preferences” link that appears on the bottom of each email we send, or by contacting us at legal@avantassessment.com. Note that even if you have opted out of marketing emails, we may still send you emails related to the Services.
We do not send marketing emails to students.
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.
As noted above, we do not send marketing emails to students.
Additional Information for Users from the European Economic Area (EEA), Switzerland, and the United Kingdom (UK)
When you are an Education Customer or are accessing our Services under an Education Customer account, we function as a “data processor” under the General Data Protection Regulation (“GDPR”). When you are a Home Customer or are accessing our Services under a Home Customer account, we function as a “data controller” under the GDPR. In situations in which we operate as a data controller, you can find our lawful basis for processing your Personal Information in the section, “How We Use and Disclose Your Personal Information.”
If you are located outside of the United States, you acknowledge and consent that, in using the Services, your Personal Information will be transferred to, processed and stored in the United States.
By visiting or using our Services, you acknowledge that we may transfer, process and store your Personal Information in this way and that your Personal Information 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, vendors or business partners or rely on such other transfer mechanisms, in accordance with applicable law, 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 compliance@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; and
- You may also restrict how we use your Personal Information while a complaint is being investigated.
You may exercise these rights by contacting us using the information at the bottom of this policy. 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
As our Services evolve, we may make changes to this Privacy Policy. We will alert you to changes by providing notice within the Services or otherwise as required by law. If we make material changes to this Privacy Policy, we will send notice and request consent from the Customer in the manner required by law. The “last updated” note at the top of this policy indicates when it was last revised.
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
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.