ACT Privacy Policy

Main Notice

Information ACT Collects

How ACT Uses Personally Identifying Information

Marketing

Information Sharing and Disclosure

International - Onward Transfer of Personally Identifying Information

Links and Websites

Choice

Access, Correction, and Deletion of Personally Identifying Information

Retention of Information

Security and Confidentiality

Digital Millenium Copyright Act (DMCA)

Changes to this Notice

Products Addendum

Talent Search: ACT and PreACT Assessments

PreACT8/9

ACT Aspire

ACT Learning Products

WorkKeys

WorkKeys Curriculum

GDPR Notice

 

Scope of this Notice

At ACT, Inc. (“ACT,” “we,” “us”) we recognize the importance of protecting the privacy of your personally identifying information and believe that use and sharing of it is important to our mission of “Helping people achieve education and workplace success.”

This Notice explains how ACT collects, uses, maintains, shares, and protects your information when you:

  • Visit ACT websites that provide a link to this Privacy Notice (collectively, the "Site");
  • Provide your personally identifying information to us through use of the Site; and
  • Participate in ACT’s assessments, programs, and services (collectively, “Products” or “ACT Products”). Some Products may have different privacy practices from those in the Main Notice. Please carefully review the Products Addendum to understand the privacy practices associated with those Products.

Your information may be subject to additional privacy terms when it is shared with others as described in this Notice.

Main Notice

Information ACT Collects

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. Based on your relationship with us or the Products you use, you may be asked to provide, or ACT may receive, certain personally identifying information as described below. Certain information is requested but not mandatory, and ACT will indicate which information is mandatory. If you do not provide mandatory personally identifying information, such as name, gender, address and date of birth, you may not be able to complete online transactions or use, access or benefit from certain ACT Products.

Personally Identifying Information Provided by You

  • Use of ACT Products. When you register for or use an ACT Product, including the ACT test, PreACT, or ACT Global Assessment Certificate™ (GAC), we ask you to provide certain personally identifying information, including your name, home address, email address, telephone number, date of birth, gender, race, ethnicity, citizenship status, year of high school graduation or equivalent, religious affiliation, whether you are right- or left-handed, grade in school, high school academic information, intended college major and occupational choice, college plans, extracurricular plans, and your background, credit card information, photograph, disability, and biometric data. Please refer to the Products Addendum to understand product-specific privacy terms regarding collection of your personally identifying information.
    • International: If you are taking an assessment outside the United States, some of the information ACT requests could be classified in your home country as sensitive or special personally identifying information or sensitive information according to your country’s data protection laws. This includes age, gender, biometric data, race, ethnicity, health data such as a physical or learning disability, credit card information, and information related to your background, including political and religious organizations.  
  • Site visitors. When you visit the Site, ACT may collect and store your internet protocol address. Additionally, when you request materials or information from ACT, we may ask you to provide your name, job title, address, email address, birth date, and other personally identifying information, as well as your need for the requested materials or information. If you are purchasing Products, ACT may ask for your credit card information.
  • Test Security.  During administration of a secure ACT assessment you may be asked to provide personally identifying information, such as your name, photo identification, video, and audio to ensure test security.
  • Suppliers of services and goods to ACT. If you are a supplier of services or goods to ACT, such as a test proctor, ACT may request your name, address, email address, telephone number, tax identification number, date of birth, bank account information, and other personally identifying information.
  • Job applicants. If you are applying for employment with ACT, we will request your name, address, email address, work and education history, as well as other personally identifying information necessary to evaluate your application.

Personally Identifying Information Provided by Other Sources

  • Schools, school districts, and educational institutions. When you use an ACT Product through your school or educational institution, ACT may receive personally identifying information from your school or educational institution, including your name, home address, email address, telephone number, date of birth, gender, race, ethnicity, citizenship status, year of high school graduation or equivalent, religious affiliation, whether you are right- or left-handed, grade in school, high school academic information, disability, and biometric data. Please refer to the Products Addendum to understand product-specific privacy terms regarding collection of your personally identifying information. 
  • Automated means. ACT uses the following automated means to collect personally identifying information about you:   
    • Cookies. Cookies are small text files that a website can send to a user's browser for storage on the hard drive. Cookies can make use of the Site easier by saving and administering status, preferences, and other user information. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, the ACT system will issue cookies when you direct your browser to the Site.
    • Web Beacons. The Site also uses Web beacons, which are small strings of code that deliver a graphic image on a Web page or in an email message for the purpose of transferring data. ACT may use Web beacons to count users who have visited a page or opened an email, or for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). You can disable the ability of Web beacons to capture information by blocking cookies.
    • Third-party Analytics Services. The Site uses service providers for analytics purposes. These providers collect information about you and report website trends that may be linked to you. These providers use their own cookies to track visitor interactions. ACT does not control the cookies used by these providers and their use may be governed by their own privacy policies. ACT can view a variety of reports containing aggregate information about how visitors interact with its website so it can improve the website. To learn more about your choices regarding online tracking, please visits these sites: http://www.aboutads.info/choices/; https://www.usa.gov/optout-instructions.
    • Tracking Technologies. ACT conducts conversion tracking with other websites such as Twitter and Facebook to collect data for purposes of tracking your use of ACT advertisements on those websites. We also target ACT’s advertisements on social media websites, such as Facebook and Twitter. This means that after visiting our Site, if you later log into Facebook or Twitter, an ACT advertisement may appear. To learn more about your choices regarding online tracking, please visit these sites: http://www.aboutads.info/choices/; https://www.usa.gov/optout-instructions.
    • The Site does not respond to Do Not Track signals.

Non-personally Identifying Information Collected by ACT

  • Non-personally Identifying Information is information that does not identify you. In addition to the personally identifying information collected via Automated Means stated above, ACT may collect general technical information and general Internet data in an anonymized manner, including your browser type, date and time of access, which web pages on the Site you visited, the referring Uniform Resource Locator (URL), how long you spent on each page, your operating system, screen settings, Web browser software, and referring website. This information may be collected to assist us in administering and making improvements to the Site, to enhance security, and for statistical analysis. ACT may employ other companies and individuals to facilitate these services (e.g., maintenance, analysis, audit, development), who will have limited access to this data and only use it to perform those services on our behalf.   

How ACT Uses Personally Identifying Information

Personally identifying information collected through the Site or through ACT Products may be used to:

  • Administer ACT Products, provide requested services to you, and communicate with you regarding ACT Products;
  • Process requests for ACT Products or requests for information, and communicate with you regarding such requests;
  • Maintain your account, verify your identity, process payments, and collect debts you owe us;·
  • Administer, review and/or improve the Site or ACT Products;
  • Conduct internal research and analysis consistent with ACT’s mission;
  • Invite you to participate in surveys consistent with ACT’s mission, including surveys regarding ACT Products;
  • Provide you with marketing information about ACT Products or special offers from ACT;
  • Conduct research, inform public policy and advocacy, and for reporting purposes, such as to education institutions, state agencies, and businesses, provided that this use is only carried out on personally identifying information that ACT maintains in an aggregate or de-identified form, such that it constitutes non-personally identifying information.
  • Comply with and enforce applicable legal requirements.

Marketing

ACT occasionally uses your personally identifying information to contact you regarding ACT Products. You will be provided instructions on how to opt out of receiving further marketing communications by email. If you opt-out of receiving these 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.

Please refer to the Products Addendum to understand how ACT uses personally identifying information in a manner that differs from the above uses for some Products.

Information Sharing and Disclosure

Consistent with ACT’s mission, it is important to share information with those who have a legitimate reason to use it, or who can provide educational or career opportunities to you. ACT will not sell personally identifying information we collect through the Site or through ACT Products without your explicit consent. ACT will only disclose personally identifying information as set forth below, and as described in the Product Addendum for specific Products.

ACT may disclose personally identifying information as follows:

  • EOS. When you opt-in to the Educational Opportunity Service (“EOS”), which is a voluntary program that provides you with information from colleges, universities, financial aid and scholarship agencies, government agencies, and organizations that offer educational, community involvement, extracurricular, and career opportunities, products and services, ACT may share your personally identifying information with The National Research Center for College & University Admissions (“NRCCUA”).  Participating organizations may then pay for the information and may contact you about opportunities. The information that is shared includes your name, home address, email address, date of birth, gender, race, ethnicity, year of high school graduation or equivalent, religious affiliation, grade in school, high school academic information, intended college major and occupational choice. In addition, any information you choose to provide in the Student Profile Section, which contains questions that can be reviewed at www.myactprofile.com, as well as your ACT test score range (not your specific scores but a range they fill within) may be disclosed to and used by these organizations to assist in identifying candidates for opportunities. This information is subject to NRCCUA’s privacy policy, which may be reviewed here: https://myoptions.org/privacy-policy/. All organizations participating in EOS have agreed to use your information only for the purpose of sharing information about their programs. You will be given the choice whether to share your personally identifying information with these organizations for their marketing purposes.  California law (Civil Code Section § 1798.83) permits residents of California that use the Site to opt-out of sharing of information with other organizations for their marketing purposes. You can opt-out of such sharing by visiting: https://www.act.org/content/act/en/products-and-services/the-act/opting-out-of-eos.html
  • Subsidiaries and Affiliates. With our subsidiaries and affiliates.
  • Third Party Service Providers. With others providing services to ACT or as necessary to deliver ACT Products. This includes information needed to verify an individual’s identity or for security purposes.
  • Legal Compliance. As required by law, for subpoena or other legal processes, and as necessary to investigate, act on, or prevent suspected or actual illegal activities, fraud, or potential threats to personal safety.
  • An Acquirer. To another company that acquires ACT or its assets, which will have responsibility for your personally identifying information, as described in this Privacy Notice.
  • Educational Institutions. To schools, school districts, state entities and/or their agents or representatives for educational, research, and reporting purposes.
  • Others. To others that pay for you to use ACT Products, or who receive certificates of achievement or credentials you may have earned through use of ACT Products.
  • Parents. To parents or legal guardians of minors under the age of 18.
  • Government Agencies. To certain state and federal scholarship programs and agencies, as further described in the Terms and Conditions you agree to in connection with using ACT Products.
  • Third Party Researchers. In limited situations, to researchers conducting research consistent with ACT’s mission. Researchers who receive any personally identifying information are required to protect the confidentiality and security of the information.

International – Onward Transfer of Personally Identifying Information

If you use ACT Products outside the United States, or request information about ACT Products, your personally identifying information may be transferred outside of your home country to the United States 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.

Links and Websites

The Site may contain links to non-ACT affiliated websites. ACT does not control the privacy policies or practices of these websites. You should review the privacy policy of any non-ACT affiliated website before providing any information through those websites. ACT is not responsible for the content or practices of any linked non-ACT affiliated websites and provides these links solely for the convenience and information of visitors to the Site.

Choice

ACT strives to provide you with choices about our use of your personally identifying information. As a user of the Site and of ACT Products, you decide whether to proceed with activities that request personally identifying information. However, if you do not provide the requested information you may not be able to complete certain online transactions, have access to, or benefit from certain ACT Products.

Access, Correction, and Deletion of Personally Identifying Information

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 withdrawal 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, and 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 contractual or 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

Retention of Information

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.  

Security and Confidentiality

Protecting personally identifying information by using reasonable administrative, physical and technical safeguards is important to ACT. We use secure sockets layer (SSL) transmission, a protocol for establishing a secure connection for transmitting your personally identifying information. ACT has 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 for access to certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We 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.

Digital Millennium Copyright Act (DMCA)

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.

Changes to this Notice

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.

Products Addendum

This Products Addendum supplements the Main Notice and sets forth terms that apply to certain ACT Products that are in addition to or differ from the terms of the Main Notice. In the event of any inconsistencies between this Products Addendum and the Main Notice, this Products Addendum will control with respect to the subject matter discussed in it.

Talent Search: ACT and PreACT Assessments

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 Collected By ACT,” “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.   

PreACT 8/9

ACT offers the PreACT® 8/9 to individuals, including children under 13, through schools or education institutions.  The information you provide in connection with taking the PreACT 8/9 assessment is subject to the terms of the Main Notice, including the sections “Information Collected By ACT,” “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.   

ACT Aspire

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, including that of children under 13. This personally identifying information includes name, date of birth, gender, race, ethnicity, grade in school, and information about your background, including your family’s income and background, your English language proficiency, your living situation, and educational services or plans you receive from your school.  

How ACT Uses Personally Identifying Information

Personally identifying information collected as part of the ACT Aspire program may be used to:

  • Administer the ACT Aspire program;
  • Administer, review and/or improve the Site or ACT Products;
  • Conduct internal research and analysis consistent with ACT’s mission;
  • Conduct research, inform public policy and advocacy, and for reporting purposes, such as to education institutions, state agencies, and businesses, provided that this use is only carried out on personally identifying information that ACT maintains in an aggregate or de-identified form, such that it constitutes non-personally identifying information.
  • Comply with and enforce applicable legal requirements.

Information Sharing

In general the personally identifying information that is collected as part of the ACT Aspire program 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:

  • ACT may provide personally identifying information to a state agency, school district, or school, where that party has paid the fee for the individual to take the assessment. This personally identifying information may include linking information relating to ACT Aspire assessments with information relating to ACT programs such as the ACT assessment.
  • If the individual is under 18 years of age, ACT may provide personally identifying information to the individual’s parent or guardian, who may direct us to release the information to third parties. If the individual is 18 years of age or older, ACT may provide personally identifying information to the individual, who may direct us to release the information to third parties.
  • At the request of a school or other organization qualified to receive data as disclosed above, and in the discretion of ACT and subsidiaries and affiliates, ACT may choose to release data including personally identifying information to third parties providing certain data analysis, research, or administrative or educational support services to such school or organization. In such cases, the third party must provide a written description of the services it provides to the school or organization and sign a confidentiality agreement.
  • ACT may enter into contracts with third parties to perform functions on its behalf, which may include assisting it in processing personally identifying information. These parties are contractually required to maintain the confidentiality of the personally identifying information and are restricted from using it for any purposes other than performance of those functions.
  • ACT may provide personally identifying information as required or allowed by operation of law, or to protect the health and safety of its customers or others.
  • ACT may authorize vendors or subcontractors to use de-identified and aggregate data for other purposes, such as research. Personally identifying information will not be included in any de-identified or aggregate data sets.

ACT Learning Products

ACT provides the following Learning products through schools, districts, and educational institutions:
  • Mosaic™ by ACT®: Comprehensive Learning Solution
    • Adaptive Academic Learning
      • ScootPad™ Powered by ACT®
    • Social and Emotional Learning
      • ACT® Mawi™ Learning
      • ACT® Tessera
    • Digital Learning Library
      • Knovation Learning content collection
      • ACT Learning Object Repository (LOR)
      • icurio powered by ACT®
      • netTrekker® powered by ACT®
  • ACT SkillSuite™ (SkillAuthor, SkillMapper)
  • SimplyAdaptive powered by ACT®

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 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

In general, the personally identifying information that is collected as part of the above ACT products 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:

  • ACT may provide personally identifying information to a state agency, school district, or school, where that party has contracted with ACT to provide the above ACT products.
  • If the individual is under 18 years of age, ACT may provide personally identifying information to the individual’s parent or guardian, who may direct us to release the information to third parties. If the individual is 18 years of age or older, ACT may provide personally identifying information to the individual, who may direct us to release the information to third parties.
  • At the request of a school or other organization qualified to receive data as disclosed above, and in the discretion of ACT and subsidiaries and affiliates, ACT may choose to release data including personally identifying information to third parties providing certain data analysis, research, or administrative or educational support services to such school or organization. In such cases, the third party must provide a written description of the services it provides to the school or organization and sign a confidentiality agreement.
  • ACT may enter into contracts with third parties to perform functions on its behalf, which may include assisting it in processing personally identifying information. These parties are contractually required to maintain the confidentiality of the personally identifying information and are restricted from using it for any purposes other than performance of those functions.
  • ACT may provide personally identifying information as required or allowed by operation of law, or to protect the health and safety of its customers or others.
  • ACT may authorize vendors or subcontractors to use de-identified and aggregate data for other purposes, such as research. Personally identifying information will not be included in any de-identified or aggregate data sets.
ACT provides the following Learning products directly to customers:
  • Mosaic by ACT: Comprehensive Learning Solution
    • Digital Learning Library
      • icurio powered by ACT®
      • netTrekker® powered by ACT®
  • SimplyAdaptive


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

In general, the personally identifying information that is collected as part of the above ACT products 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:

  • If the individual is under 13 years of age, ACT may provide personally identifying information to the individual’s parent or guardian, who may direct us to release the information to third parties. If the individual is 13 years of age or older, ACT may provide personally identifying information to the individual, who may direct us to release the information to third parties.
  • ACT may enter into contracts with third parties to perform functions on its behalf, which may include assisting it in processing personally identifying information. These parties are contractually required to maintain the confidentiality of the personally identifying information and are restricted from using it for any purposes other than performance of those functions.
  • ACT may provide personally identifying information as required or allowed by operation of law, or to protect the health and safety of its customers or others.
  • ACT may authorize vendors or subcontractors to use de-identified and aggregate data for other purposes, such as research. Personally identifying information will not be included in any de-identified or aggregate data sets.

WorkKeys

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.  

WorkKeys Curriculum

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 only generic or anonymized name and username and choose not to provide any PII.

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.

GDPR Notice

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:

What data do we collect?

ACT collects information from you in connection with use of ACT Products. The personally identifying information collected from you includes the following:

  • Personal identification information (name, home address, email address, telephone number, date of birth, gender, citizenship status, year of high school graduation or equivalent grade in school, high school academic information, intended college major and occupational choice, college plans, extracurricular plans, and your background, credit card information, photograph, and whether you are right- or left-handed)
  • Special categories of personally identifying information (race, ethnicity, religious affiliation, disability, and biometric data)
  • Technical and tracking information through automated means as described in the Personally Identifying Information from Other Sources – Automated Means section of the Main Notice.

How do we collect your data?

You directly provide ACT with most of the data we collect. We collect and process data when you:

  • Register online or place an order for any ACT Products.
  • Use or view the Site via your browser's cookies.

Collection of personally identifying information is necessary for ACT to provide you with its Products.  If you fail to provide personally identifying information required for the provision of ACT Products, you will not be able to receive such Products.

ACT may also receive your data indirectly from the following sources:

  • Schools or other educational institutions may provide your personally identifying information to us for purposes of use of ACT Products.

How will we use your data?

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:

  • Contract Fulfillment. When you register for an ACT Product we collect and use your personally identifying information to provide such Product.
  • Consent. When you consent to a specific use of your personally identifying information, ACT will collect and use your personally identifying information in accordance with your consent.
  • Legal Obligations. ACT is subject to a variety of legal and regulatory obligations and will collect and use your personally identifying information to comply with its legal obligations.
  • ACT’s Legitimate Interests. ACT will collect and process your personally identifying information to carry out its legitimate interests to conduct the following, except where your fundamental rights and freedoms override such interests:
    • Protecting ACT or you from data security threats;
    • Managing test security;
    • Improving ACT Products; and
    • Conducting corporate transactions, such as a merger or acquisition.

How do we store your data?

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.

Marketing

ACT may use your personally identifying information to provide marketing to you as described in the Marketing section of the Main Notice.

Transfers

When you participate in 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.

Automated Decision Making

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:

  • The right to access - You have the right to request copies of your personally identifying information from ACT. We may charge you a small fee for this service.
  • The right to rectification - You have the right to request correction of any information you believe is inaccurate. You also have the right to request that ACT complete information you believe is incomplete.
  • The right to erasure - You have the right to request that ACT erase your personally identifying information, under certain conditions.
  • The right to restrict processing - You have the right to request that ACT restrict the processing of your personally identifying information, under certain conditions.
  • The right to object to processing - You have the right to object to ACT’s processing of your personally identifying information, under certain conditions.
  • The right to data portability - You have the right to request that ACT transfer the data that we have collected to another organization, or directly to you, under certain conditions.

How to Contact Us

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: January 15, 2021