Effective starting: August 1, 2020
Your use of ProctorPro is subject to the terms of the Tyootr Cloud Terms of Service (the “Agreement”) as well as the following additional terms.
We may collect and/or process your Personal Data only as stated in this Policy, for the purposes described below. We process Personal Data as necessary for our legitimate interests in providing certification and related services, to fulfil our contracts with you, and in certain cases based upon your explicit consent.
a. Certification Services
Tyootr provides examination and certification services (“Certification Services”) as a Personnel Certification Body and Accredited Examination Institute. We may collect your Personal Data (including name, address, email address, phone number, date of birth, photo ID, video and audio recordings of examination sessions, and other information) to confirm your identity, deliver examinations, and ensure the validity of the certification process. Certain Personal Data is required to be collected under our procedures to provide you Certification Services and other Personal Data is collected to provide you with a good experience.
Tyootr uses your Personal Data to provide Certification Services. We may also use your Personal Data for internal research and development or quality control purposes, and extracts from examination work in anonymised form may be reproduced in published exam preparation material. In the process of providing Certification Services, we create additional Personal Data, including examination results. Recordings of examination sessions are retained for one (1) year to provide a record of examination integrity.
Some of our Certification Services are offered in cooperation with (i) organisations (including public authorities) that provide examination content or otherwise authorise examinations (“Test Owners”) and/or (ii) organisations who are authorised and approved by Tyootr for delivery of Certification Services (“Partners”). Some authorised Partners may also provide training services related to Tyootr certifications. We may share your Personal Data with those Test Owners, and Partners to the extent necessary to provide you Certification Services. We require Test Owners and Partners to comply with data protection law, but we are not directly responsible for their privacy practices. For information on those practices, please refer to the privacy policies of the Test Owner associated with your examination (our websites contain information about Test Owners) and Partner(s) whose services you use.
Tyootr maintains a registry containing details of all certified persons. As a Personnel Certification Body and Accredited Examination Institute we operate publicly available Certificate Verification Service (“CVS”) accessible via our websites www.tyootr.com, and other partner websites. The CVS allows Users and third parties (e.g. employers) to confirm the authenticity and accuracy of any Tyootr certificate by entering the serial number of the relevant certificate.
b. Certifications Services – Support
Tyootr delivers Certification Services in cooperation with an extensive network of Partners and other supporting organisations and individuals, including trainers; examination invigilators, interlocutors, supervisors, markers and assessors; auditors; and others. We collect Personal Data of individuals providing such supporting services (“Certification Personnel'') in order to ensure examination quality and security, including name, address, email address, phone number, date of birth, gender, employment information (e.g. Tyootr role and experience), nationality, native language, photo ID, video and audio recordings of examination sessions, and other information. When recruiting new Certification Personnel, we collect this information in part via the Workable online recruitment platform. Records are retained for five (5) years from the end of our relationship with Certification Personnel (or an unsuccessful application of Certification Personnel).
We use Personal Data of Certification Personnel to provide Certification Services and to manage our relationships with Certification Personnel and the entities that employ them. We may disclose Personal Data of Certification Personnel to Test Owners whose examinations the Certification Personnel are involved in delivering.
c. Online Proctoring
Tyootr optionally offers examinations through the Tyootr Online Proctoring (OLP) services, for Users who wish to take an online exam at their preferred time and location (i.e. almost anywhere they have internet access). Tyootr Online Proctoring connects Users via webcam directly to an authorised Tyootr proctor (invigilator), who guides them throughout the exam and monitors the exam session.
The OLP service includes the following photographic records of examination sessions and examination candidates (“Candidates”):
d. Online Account
All Tyootr examination Candidates (and in certain circumstances other Users) must have an online account (“Tyootr Account”), which is created and accessible via the Tyootr website. Your Account contains some or all of the Personal Data that we hold about you, and makes it easier for you to use our services. You may request deletion of your Account at any time by emailing email@example.com although this may reduce our ability to provide you services. We may be required to retain certain Personal Data after account deletion to ensure the functioning of Certification Services.
e. Customer Support Services
Tyootr offers 24/7 customer support to Users (both organisations and individual Candidates), through email, telephone and online chat. Telephone calls and online chats may be recorded for monitoring and training purposes, and to improve our services. Telephone recordings are retained for up to fifteen (15) days, and online chat recordings and emails are retained for up to one (1) year.
f. Marketing Communications
If you have opted in to receiving marketing communications from Tyootr, we may occasionally contact you via various means (e.g. email, SMS, telephone) to inform you of new Tyootr products and services, and other Tyootr developments. Partners and Test Owners are not permitted to use your Personal Data for marketing or similar purposes, unless specific consent has been given by you. You have the option of opting out of such communications at any time, by using the “unsubscribe” links in the communications.
From time to time Tyootr may run surveys, polls and similar initiatives (“Surveys”), to request information from Users to assist us to improve our products, services and operating practices. Participation in Surveys is always voluntary, and Personal Data provided in Survey responses will always remain strictly confidential. The results of Surveys may be aggregated and anonymised, and such anonymised information may be shared with third parties.
k. Cookies, Analytics and Customised Advertising
We also use Google Analytics to improve the content and functions of our websites and online proctoring services (by collecting information about how visitors use these services), and the Google AdWords service to provide you with customised advertisements that suit your interests and preferences. Google anonymously collects information such as age, gender, geographical location, webpage views and visits to other websites, including using cookies. You can manage cookie preferences through your Google account, by going to Google Account Settings and editing your preferences. To opt out of being tracked by Google Analytics, you can install the relevant browser add-on available at https://tools.google.com/dlpage/gaoptout.
Where the User of our services is a child below the age of 16 years, we will request consent for the collection and processing of Personal Data from a holder of parental responsibility over the child.
We never sell your Personal Data or disclose it to third parties for marketing purposes (if Test Owners whose examinations you take market other services to you, it is their responsibility to comply with applicable data protection law – see paragraph 9 below).
We may disclose Personal Data to third parties in the following circumstances:
Where retention of Personal Data is required by law, Tyootr complies with required retention periods. In other circumstances, Tyootr retains Personal Data for as long as necessary for the business purposes set out above. For certain specific circumstances, shorter retention periods are specified in this Policy.
We aim to comply with the data protection law in all countries where we do business, including the laws of the European Union. We may transfer Personal Data across borders in accordance with applicable law. When we transfer or store Personal Data of EU residents outside the European Economic Area, we do so in compliance with the applicable laws on data protection of the EU and its member states.
You have the right to access, correct or delete your Personal Data. However, you acknowledge and accept that upon deletion of specific Personal Data, certificate validation and other services provided by Tyootr may not be available. Under EU law, you have certain rights to restrict the processing of your Personal Data, to withdraw consent to processing that is based upon consent, and of portability of your Personal Data to other service providers. To exercise these rights, please email firstname.lastname@example.org.
We use appropriate technical and organisational measures to protect Personal Data from unauthorised use, access, disclosure, alteration or destruction. These precautions include physical, electronic and managerial procedures in compliance with the ISO 27001 international information security and Cyber Essentials standards.
Tyootr offers products, exams and services for purchase remotely and electronically. Payments are processed securely by our selected payment processors. Tyootr does not store any credit or debit card information. This information is securely provided by Users directly to our payment processors at the time of purchase. To ensure the safety of electronic purchases, Tyootr complies with PCI-DSS (Payment Card Industry – Data Security Standard).
Tyootr provides Certification Services in cooperation with Test Owners and Partners (see section 1.a above), and Tyootr websites contain links to third party websites. Tyootr is not responsible for the privacy practices or the content of any third-party services and websites. For information on other organisations’ privacy practices, you should refer to the privacy policies of those organisations.
We may revise this Policy to reflect changes in Tyootr products or the law, or for other reasons. If we make any material change to this Policy, we will notify you by email. You will be bound by any changes to this Policy when you use Tyootr services after we have provided notice of such changes.
If you have any questions or complaints relating to this Policy, or your Personal Data that Tyootr holds, please email email@example.com. You also have the right to complain to the data protection authorities in your country regarding the processing of your Personal Data, to the extent provided by applicable law (e.g. the EU General Data Protection Regulation or relevant privacy laws of other countries).
These Terms of Service (“Terms”) apply to use of websites and associated online services operated by companies in the Tyootr group (together “Tyootr” or “we”), including www.tyootr.com, exams.tyootr.com, Tyootr Online Proctoring (“Online Services”). Additional terms may apply to specific Tyootr examination and certification services.More specifically, for the re-sit exam option the following terms apply.
Re-sit is an add-on service offered for all exams and becomes available only when the initial exam linked to it has a “fail” result. Re-sit is not transferable, non-refundable, and cannot be redeemed for cash or credit, even if it isn’t eventually used. Candidates must schedule and take the re-sit exam within 6 months from the date of their initial exam. Re-sit is exam-specific; it cannot be used for any other offering and is valid only for the exam originally purchased. Failing to show up for a Take2 exam appointment or not rescheduling the appointment prior to their scheduled appointment forfeits candidates’ ability to use the Re-sit exam appointment or not rescheduling the appointment prior to their scheduled appointment forfeits candidates’ ability to use the Re-sit generated voucher. It can only be purchased up to 15 minutes before sitting an examination. Re-sit is not available for purchase after a failed exam.
Registered users of Tyootr services are required to accept these Terms. If you intend to use our Online Services as a visitor, you must comply with these Terms (if you do not agree please do not use the Online Services). Both registered users and visitors of the Online Services are referred to in these Terms as “Users”.
If you breach any of these Terms, your authorization to use the Online Services is terminated and you must immediately destroy any materials downloaded from the Online Services.
Users shall not, directly or indirectly, perform any of the following actions:
a. Transmit, install, upload or otherwise transfer any content, software, virus, advertisement, communication, or other item or process to the Online Services which in any way impairs their use, or adversely affects Tyootr’s computers, servers or databases.
b. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Online Services.
c. Remove or modify any copyright, trademark, legal notices, or other proprietary notices from the content available via the Online Services.
d. Breach or bypass the Online Services’ security mechanisms, or attempt to do so – this includes accessing any data or server you are not authorized to access.
e. Use any device (such as a “web crawler” or other automatic retrieval mechanism or other means) to harvest information about the Online Services, other Users or Tyootr.
The entire certification process is confidential. Examination and certification services (“Certification Services”) are made available to individuals solely for their own assessment. In connection with Certification Services, you undertake the obligation to comply with applicable Candidate Certification Guides which are made available upon registration. You are expressly prohibited from disclosing, publishing, reproducing, or transmitting any material related to the certification process, in whole or in part, in any form or by any means including visual, aural, verbal, written, electronic or mechanical, for any purpose, without the prior express written permission of Tyootr.
If you access the Online Services using a Username (e.g. Candidate ID) and a Password (e.g. Examination PIN) received from us, you are responsible for maintaining the confidentiality of your Username and Password, and for restricting access to any computer while logged in with your Username and Password. Your account is strictly personal, and should not be shared or transferred to anyone else. You agree to accept responsibility for all activities that occur under your Username and Password. Tyootr may terminate accounts at its sole discretion for any violation of these requirements or of Candidate Certification Guides.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Online Services. You will be notified by email where any such hardware, software, equipment and service is required. This information is also available in the “Overview” section of your Tyootr account.
Tyootr will make all commercially reasonable efforts to provide uninterrupted access to the Online Services. However, Tyootr does not warrant availability of the Online Services. Unavailability of the Online Services may occur due to factors outside of Tyootr’s control. The Online Services may be unavailable due to periodic maintenance or related reasons, and in such cases Tyootr will take all commercially reasonable steps to restore access within a reasonable period. The term “commercially reasonable” means reasonable efforts taken in good faith without an undue or burdensome use or expenditure of time, resources, personnel or money.
This Online Services and all information they contain (“Materials”) are proprietary to Tyootr and Test Owners, who reserve all intellectual property rights in all materials included in the Online Services. You should assume that everything you see, read and hear on the Online Services (such as products, trademarks, logos, service marks, images, video, audio, photographs, illustrations, text, testimonials and other materials) is copyright and/or trademark protected. For further information on other trademarks you see on the Online Services, please visit our acknowledgements page.
You may not sell, reproduce, distribute, modify, display, prepare derivative works of, re-post or otherwise use, store or distribute any Materials without the written consent of Tyootr. Tyootr reserves the right to take legal action in case of any breach of these rights and restrictions.
The Materials have been prepared to provide information about Tyootr and its products and services. Whilst Tyootr has taken reasonable care in the preparation of the Materials, the Online Services and Materials are provided on an "as is" basis and without warranties of any kind with regard to the accuracy, completeness or usefulness of any information. All warranties whether statutory or implied (including fitness for purpose, satisfactory quality and timely delivery) are hereby expressly excluded to the fullest extent permitted by law.
Tyootr offers products, exams and services for purchase remotely and electronically. Credit card payments are processed securely by our selected payment processors and are not accessed by Tyootr. A charge from "Tyootr" will appear on your credit card statement for any purchase.
If you have made a purchase by mistake or have changed your mind, you have the right to cancel your purchase by filing a written request of cancellation within 14 days of your initial payment as follows:
i.For Exams: If you have not booked a specific exam date, cancellation can be made within 14 days from your initial purchase. If you have booked a specific exam date, cancellation can be made within 14 days from your initial purchase, provided that this date is at least 14 days prior to the exam date.
All requests for cancellation must be emailed to firstname.lastname@example.org. In the event of an appropriate cancellation request, Tyootr will provide you with a refund. Refunds will always be made to the same credit card used for purchase. If you have booked a specific exam date but would like to reschedule your exam, you have the right to do so via your Tyootr account. In this case, a reasonable fee may apply.
The Online Services may provide links to other websites maintained by third parties, for your convenience only. Tyootr has no responsibility for the content in any linked website. Tyootr does not endorse or make any representations about them, or any information, software or other products, services or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked from the Online Services, you do this entirely at your own risk.
Products and services available via the Online Services are subject to change and removal without notice. Tyootr will not be responsible for any additional costs, delay or liability which you or your company or agents may incur as a result of such changes.
These terms and conditions are governed by the laws of England and Wales, and any dispute relating to the Terms and conditions shall be subject to the jurisdiction of the courts of England. You agree to indemnify Tyootr for any claims or damages resulting from your breach of the Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Tyootr, ITS SUPPLIERS, AND OTHER APPROVED THIRD PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST TIME OR INTERRUPTION, LOST BUSINESS OR ANTICIPATED SAVINGS) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT TYOOTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR ADDITIONAL SUPPORT, SERVICING OR REPAIR, YOU ASSUME ALL COSTS THEREOF. Nothing in this clause shall exclude Tyootr’s liability for personal injury resulting from negligence or for fraud.
We may revise these Terms to reflect changes in Tyootr products or the law, or for other reasons, and the revised Terms will be posted on this page. If we make any material change to the Terms and you are a registered User, we will notify you by email. If you use the Online Services after changes have been notified, it will be deemed that you have accepted the amended Terms.
If a provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability of any other provision of the Terms.