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How ACT Uses Personally Identifying Information
Information Sharing and Disclosure
International - Onward Transfer of Personally Identifying Information
Access, Correction, and Deletion of Personally Identifying Information
Digital Millenium Copyright Act (DMCA)
Talent Search: ACT and PreACT Assessments
Scope of this Notice
At ACT, Inc. ("ACT," "we," "us") we recognize the importance of protecting the privacy of your personally identifying information.
This Notice explains how ACT collects, uses, maintains, and shares your information when you:
Please note that when your information is shared with others as described in this notice, it may be subject to the additional privacy terms of those third-parties with whom the information is shared.
Personally identifying information is information that can identify you, or that could be used in combination with other available data to identify you, such as your name, address, and date of birth. Personally identifying information does not include anonymized, aggregate, or statistical information. In connection with registration for or use of ACT's Products, and based on your relationship with us, you may be asked to provide, or ACT may receive from others, certain personally identifying information as described below. In connection with collecting this information, ACT will indicate which information is mandatory and which information is optional. If you do not provide mandatory personally identifying information, such as name, address and date of birth, you may not be able to use, access or benefit from ACT's Products.
Personally Identifying Information Provided by You
Personally Identifying Information Provided by Other Sources
Non-personally Identifying Information Collected by ACT
Personally identifying information collected by ACT may be used to:
Please refer to the Products Addendum to understand how ACT uses personally identifying information in a manner that differs from the above for certain Products.
ACT uses your personally identifying information to contact you regarding ACT Products. If you receive a marketing email from ACT, you will be provided instructions on how to opt out of receiving further marketing communications by email. If you opt-out of receiving marketing communications, you will still receive transactional communications by email about your use of ACT Products, for example, confirmation of your registration and receipt of your scores.
It is important and consistent with ACT's mission to share information with those who can provide educational or career opportunities to you or who have another legitimate purpose to use your information. ACT will not sell your personally identifying information without your express consent, and will only disclose personally identifying information as set forth below and as described in the Product Addendum for certain Products.
ACT may disclose personally identifying information as follows:
If you use ACT Products or request information about ACT Products outside of the United States, your personally identifying information may be transferred outside of your home country to the United States, either to ACT or a third-party service provider, and will be subject to use and disclosure under the laws of the United States. It may also be accessible to law enforcement and national security authorities in the United States.
The Site may contain links to websites that are not affiliated with ACT. ACT does not control the privacy policies or practices of those websites and you should review the privacy policy of any such website before providing any information through that website. ACT is not responsible for the content or practices of any websites that are not affiliated with ACT and provides links on the Site solely for the convenience and information of Site visitors.
ACT strives to give you choices about our use of your personally identifying information. As a user of the Site and of ACT Products, you decide whether to provide your personally identifying information to us. However, if you do not provide certain required information, you may not be able to complete online transactions or access and use certain ACT Products. ACT will indicate which information is mandatory and which information is optional.
You can review and change your personal information by visiting your account profile page. Additionally, you can update your
contact information (address, email address and/or telephone number), by contacting ACT Customer Service at 1-800-498-6065 or customerservices@act.org.
Depending on your country, state, or locality of residence you may have additional rights regarding your personally identifying information. These rights may include the right to request deletion of some or all of your personally identifying information, the right to request access to or correct your personally identifying information, the right to withdraw your consent to our use of your personally identifying information, the right to request restrictions on how we use or share your personally identifying information, or the right to lodge a complaint with your local supervisory authority. For requests of this type, please contact ACT's Chief Data Privacy Officer listed below.
ACT will seek to meet requests to delete personally identifying information unless it is required to be retained for example for contractual or other legal reasons as described in this Privacy Notice. Please be aware that all assessment scores are maintained by ACT indefinitely and closing your account does not delete your assessment scores.
ACT, Inc.
Attn: Chief Data Privacy Officer
500 ACT Drive
P.O. Box 168
Iowa City, IA 52243-0168
DPO@act.org
ACT will retain your information for as long as is necessary to fulfill any of the uses identified in this Privacy Notice or to comply with applicable legal obligations.
Protecting personally identifying information by using reasonable administrative, physical and technical safeguards is important to ACT. For example, we use secure sockets layer (SSL) transmission, which is a protocol for establishing a secure connection for transmitting your personally identifying information. ACT also has other security protocols and measures in place to protect your personally identifying information from unauthorized access, alteration, and unlawful disclosure. When ACT disposes of personally identifying information, we take reasonable measures to protect against unauthorized access to the information.
The safety and security of your personally identifying information also depends on you. Where we have given you (or where you have chosen) a password to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. ACT is not responsible for circumvention of any privacy settings or security measures contained on the Site.
ACT respects the rights of copyright holders and complies with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws. We also expect users to respect the rights of copyright holders when using ACT Products and the Site. Uses that infringe the intellectual property rights of others violate ACT's terms of use.
Making or distributing unauthorized copies of a copyrighted work may infringe on the copyright holder's rights. If a copyright holder notifies us about unauthorized reproduction and/or distribution of copyrighted works, we reserve the right to disable access to the identified works promptly. We also reserve the right to disable the accounts of repeat infringers in appropriate circumstances. For more information please visit the ACT DMCA Page.
ACT reserves the right to modify this Privacy Notice at any time. If ACT makes material changes to this Privacy Notice, the changes will be posted on this Site to alert you.
This Products Addendum supplements the Main Notice and sets forth terms that add to or differ from the Main Notice for certain ACT Products. In the event of any inconsistency between this Products Addendum and the Main Notice, this Products Addendum will control with respect to the subject matter discussed in it.
ACT offers the ACT test and PreACT to individuals, including children under 13, through talent search organizations. If you take the ACT test or PreACT in connection with a talent search organization's services, the information you provide is subject to the terms of the Main Notice, including the sections "Information ACT Collects," "How ACT Uses Personally Identifying Information," and "Information Sharing and Disclosure." ACT does not sell personally identifying information in connection with the ACT test or PreACT offered through a talent search organization. The personally identifiable information you provide to the talent search organization is also subject to the talent search organization's privacy policy.
ACT offers the PreACT® 8/9 to individuals, including children under 13, through schools or education institutions. The information provided in connection with taking the PreACT 8/9 assessment is subject to the terms of the Main Notice, including the sections "Information ACT Collects," "How ACT Uses Personally Identifying Information," and "Information Sharing and Disclosure." For students under 13, ACT does not sell personally identifying information collected in connection with the PreACT 8/9. For students 13 and older, ACT will not sell personally identifying information collected in connection with PreACT 8/9 without your explicit consent.
Information Collected by ACT
ACT offers the ACT Aspire® program to schools, school districts, and educational institutions. These schools, school districts, and educational institutions register their students to take ACT Aspire assessments. In connection with this registration, ACT may receive personally identifying information of participating students, including children under 13. This personally identifying information includes name, date of birth, gender, race, ethnicity, and grade in school. In addition, students who take ACT Aspire assessments may be asked about their background, including family income and background, English language proficiency, living situation, and educational services received from their school.
How ACT Uses Personally Identifying Information
Personally identifying information collected as part of the ACT Aspire program may be used to:
Information Sharing
The personally identifying information collected as part of the ACT Aspire program generally will not be provided to a third party without the consent of the individual (or, in the case of an individual under age 18, the consent of a parent or legal guardian). However, ACT may share personally identifying information as follows, and as allowed by applicable laws:
Information Collected by ACT for Learning Products provided through schools, districts, and educational institutions
ACT offers the above products to schools, school districts, and educational institutions, who register their students to use these product(s). In connection with this registration ACT may receive personally identifying information, including from children under 13. This personally identifying information includes name, age, class, and school attended. Once participating students are registered, ACT maintains personally identifying information such as lessons, projects, and score reports, in connection with a student's registered account.
How ACT Uses Personally Identifying Information for Learning Products provided through schools, districts, and educational institutions
ACT uses personally identifying information received and collected in connection with the above ACT products solely to provide, evaluate or improve the products and services to the school, school district, or educational institution. ACT may also use this information in accordance with the written agreement between ACT and the school, school district, or educational institution.
Information Sharing for Learning Products provided through schools, districts, and educational institutions
The personally identifying information collected as part of the above ACT products generally will not be provided to a third party without the consent of the individual (or, in the case of an individual under age 18, the consent of a parent or legal guardian).
However, ACT may share personally identifying information as follows, and as allowed by applicable laws:
Information Collected by ACT for Learning Products provided directly to customers
ACT offers the above products directly to customers and may receive personally identifying information, including from children under 13, in connection with registration for and/or use of these products. This personally identifying information includes, in the case of SimplyAdaptive, the name and email address of the parent or guardian registering for the account, and in the case of iCurio and NetTracker powered by ACT, a username and password. Once registered, ACT maintains information such as lessons, projects, and score reports, in connection with a registered account.
How ACT Uses Personally Identifying Information for Learning Products provided directly to customers
ACT uses personally identifying information received and collected in connection with the above ACT products solely to provide, evaluate or improve the products.
Information Sharing for Learning Products provided directly to customers
The personally identifying information collected as part of the above ACT products generally will not be provided to a third party without the consent of the individual (or, in the case of an individual under age 13, the consent of a parent or legal guardian).
However, ACT may share personally identifying information as follows, and as allowed by applicable laws:
Information Collected by ACT
ACT offers WorkKeys® to individuals through their school or education institution and through workforce organizations and businesses.
Personally Identifying Information provided by you: When you take WorkKeys assessments we ask you to provide certain personally identifying information, including your name, home address, telephone number, date of birth, gender, race, ethnicity, current or highest level of education, grade in school, high school academic information, educational status and programs or training you are attending, intended occupational choice, whether English is the language in which you communicate best, and your background, photograph, and biometric data.
Personally Identifying Information provided by others: When you take WorkKeys assessments through a school, district, educational organization, workforce organization or business, ACT may receive your personally identifying information from that entity, including your name, home address, telephone number, date of birth, gender, race, ethnicity, current or highest level of education, grade in school, high school academic information, educational status and programs or training you are attending, intended occupational choice, whether English is the language in which you communicate best, and your background, photograph, and biometric data.
How ACT Uses Personally Identifying Information
ACT uses personally identifying information collected as part of the WorkKeys program as described in the "How ACT Uses Personally Identifying Information" section of the Main Notice.
Information Sharing
ACT shares personally identifying information collected as part of the WorkKeys program as described in the "Information Sharing and Disclosure" section of the Main Notice.
Information Collected by ACT
ACT offers WorkKeys® Curriculum to individuals through their school or education institution and through workforce organizations and businesses.
Personally Identifying Information provided by you: When you use WorkKeys Curriculum we ask you to provide certain personally identifying information, including your name and email address.
Personally Identifying Information provided by others: When you use WorkKeys Curriculum through a school, district, educational organization, workforce organization or business, ACT may receive your personally identifying information from that entity, including your name and email address. For the WorkKeys Curriculum product, you can elect to provide a generic or anonymized name and username and choose not to provide any personally identifying information.
How ACT Uses Personally Identifying Information
ACT uses personally identifying information collected as part of the WorkKeys Curriculum program as described in the "How ACT Uses Personally Identifying Information" section of the Main Notice.
Information Sharing
ACT shares personally identifying information collected as part of the WorkKeys Curriculum program as described in the "Information Sharing and Disclosure" section of the Main Notice. However, ACT does not share such information with parents or legal guardians of minors under the age of 18, with state and federal scholarship programs and agencies, or with Third Party Researchers.
This GDPR Notice supplements the Main Notice and applies to residents of the European Economic Area ("EEA") that are covered by the General Data Protection Regulation ("GDPR"). This GDPR Notice, along with the provisions of the ACT Main Notice, explains how ACT uses the personally identifying information of EEA residents. In the event of any inconsistencies between this GDPR Notice and the Main Notice, this GDPR Notice will control with respect to the subject matter discussed in it.
This GDPR Notice will address the following topics:
ACT collects information from you in connection with use of ACT Products. The personally identifying information collected from you includes the following:
You directly provide ACT with most of the data we collect. We collect and process data when you:
Collection of personally identifying information is necessary for ACT to provide its Products to you. If you fail to provide required personally identifying information, you will not be able to use ACT's Products.
ACT may also receive your data indirectly from the following sources:
ACT collects your personally identifying information so that we can use the information as described in the How ACT Uses Personally Identifying Information section of the Main Notice. ACT's uses your personally identifying information according to the
lawful bases of:
ACT securely stores your personally identifying information as described in the Security and Confidentiality section of the Main Notice. ACT will retain your personally identifying information for as long as is necessary to fulfill any of the uses identified in this GDPR Notice in accordance with a lawful basis for such retention, and/or to comply with applicable legal obligations.
Recipients of your personally identifying information
In accordance with a lawful basis for sharing such information, ACT shares your personally identifying information as described in the Information Sharing and Disclosure section of the Main Notice.
ACT may use your personally identifying information for marketing as described in the Marketing section of the Main Notice.
When you register for, use, or request information about ACT Products, your personally identifying information is transferred outside of the EEA to the United States to ACT or a third-party service provider. It may also be accessible to law enforcement and national security authorities in the United States. If you do not consent to this transfer to the United States, do not participate in or request information about ACT Products.
ACT may use automated means to make decisions about you, including scoring assessments, assigning you a testing location, and carrying out test security. ACT will only use such automated means as (1) necessary for the performance of its contract with you to provide the ACT Products, or (2) as explicitly consented to by you.
What are your data protection rights?
ACT wants to make sure you are fully aware of your data protection rights. Every user is entitled to the following:
If you make a request, we have one month to respond to you. For requests of this type, please contact ACT's Data Protection Official listed below.
ACT, Inc.
Attn: Chief Data Privacy Officer
500 ACT Drive
P.O. Box 168
Iowa City, IA 52243-0168
DPO@act.org
How to contact the appropriate authorities
Should you wish to report a complaint or if you feel that ACT has not addressed your concern in a satisfactory manner, you may contact the appropriate Supervisory Authority. The EU Commission has a list of Supervisory Authorities here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
Last Updated: June 28, 2021
ACT is a mission-driven, nonprofit organization dedicated to helping people achieve education and workplace success. Headquartered in Iowa City, Iowa, ACT is trusted as a national leader in college and career readiness, providing high-quality assessments grounded in over 60 years of research. ACT offers a uniquely integrated set of solutions designed to provide personalized insights that help individuals succeed from elementary school through career. Visit us online at www.act.org.