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.

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

  • Visit ACT websites that reference or link to this Privacy Notice (collectively, the "Site");
  • Provide your personally identifying information to us through use of the Site; and 
  • Register for and participate in ACT’s assessments, programs, and services (collectively, “Products” or “ACT Products”). Some Products have privacy practices that differ from the Main Notice. Please carefully review the Products Addendum to understand those Product-specific practices.

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.

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. 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

  • Use of ACT Products. When you register for or use an ACT Product, 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 for additional information about collection of your personally identifying information for certain products).
    • 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 may include your age, gender, biometric data, race, ethnicity, health data such as a physical or learning disability, credit card information, and/or 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, if you request materials or information from ACT, we may ask you to provide a variety of personally identifying information, including your name, job title, address, email address, and birth date, as well as an explanation of your need for the requested materials or information. If you are purchasing a Product, ACT may ask for your credit card information.
  • Test Security.  During administration of a secure ACT assessment, you may be asked to provide a variety of personally identifying information, including your name and photo identification, and your test session may be captured by video and/or 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 a variety of personally identifying information, including your name, address, email address, telephone number, tax identification number, date of birth, and bank account information.
  • Job applicants. If you are applying for employment with ACT, we will request a variety of personally identifying information, including your name, address, email address, work and education history, and other 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 that 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 for additional information about collection of your personally identifying information for certain products).
  • 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 and store on the user’s hard drive. Cookies can make your use of the Site easier by saving user information such as status and preferences. 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, ACT will issue cookies when you use your browser to visit 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 similar website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). You can disable Web beacons from capturing information by blocking cookies.
    • Third-party Analytics Services. The Site uses third-party 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 site visitor interactions. ACT does not control the cookies used by these third-party service providers and their use may be governed by the service providers’ own privacy policies. These service providers create reports for ACT that contain aggregate information about visitor interactions with ACT’s website, in order to help ACT 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.org and MyACT.org conduct conversion tracking with other websites, such as Twitter and Facebook, to track your interaction with ACT advertisements on those websites. We also target ACT’s advertisements on social media websites. This means that after visiting ACT.org and MyACT.org, if you later log into, for example, 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 collecting personally identifying information by Automated Means (explained above), ACT may also use automated means to collect anonymized technical and internet data, such as your browser type, the date and time you access the Site, which web pages on the Site you visited, your referring website Uniform Resource Locator (URL), how long you spent on each page of the Site, your operating system, and your screen settings. This information can be used by ACT to administer and improve the Site, enhance security, and inform statistical analyses.

How ACT Uses Personally Identifying Information

Personally identifying information collected by ACT may be used to:

  • Administer, review, or improve ACT’s Products and communicate with you about the same;
  • Process a request for an ACT Product and communicate with you about the same;
  • Maintain your account, verify your identity, process payments, and collect debts you owe us;
  • Administer, review or improve the Site;
  • Invite you to participate in surveys consistent with ACT’s mission, including surveys about ACT Products;
  • Provide you with marketing information about ACT Products or special offers from ACT;
  • Comply with and enforce applicable legal requirements;
  • Investigate, prevent, act on, or respond to suspected or actual test security or score validity concerns;
  • Conduct internal research and analysis, including to inform public policy and advocacy; provided that if such research is published or reported, for example to educational institutions, state agencies, or businesses, this use only includes personally identifying information that ACT maintains in an aggregate or de-identified form, such that it constitutes non-personally identifying information.

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.

Marketing

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.

Information Sharing and Disclosure

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:

  • EOS. ACT’s Educational Opportunity Service (“EOS”) is an optional 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 (Participating Organizations). When you opt-in to EOS, ACT may share your personally identifying information with The National Research Center for College & University Admissions (“NRCCUA”), who may provide that information to Participating Organizations who may then pay for the information and contact you about opportunities. The information 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 fall within) may be disclosed to Participating Organizations and used to identify candidates for opportunities. Personally identifiable information shared through the EOS program is also subject to NRCCUA’s privacy policy, which may be reviewed here: https://myoptions.org/privacy-policy/. All EOS Participating Organizations have agreed to use your information only for the purpose of sharing information about their programs. If you previously opted-in to the EOS program but now wish to opt-out, you may do so by visiting: https://www.act.org/content/act/en/products-and-services/the-act/opting-out-of-eos.html (California law (Civil Code Section § 1798.83) permits residents of California that use the Site to opt-out of sharing the of their information with other organizations for those organizations’ marketing purposes, which can be done using this link.)
  • Test Security. As necessary to investigate, prevent, act on, or respond to suspected or actual test security or score validity concerns.
  • Educational Institutions. To schools, school districts, state entities and/or their agents or representatives for educational, research, and reporting purposes.
  • Others. To others who pay for you to use ACT Products or who receive certificates of achievement or credentials you may have earned by using ACT Products.
  • Parents. To parents or legal guardians of minors under the age of 18.
  • Government Agencies. To certain state and federal scholarship and recognition programs and agencies, as further described in the Terms and Conditions you agree to in connection with using ACT Products.
  • Third Party Researchers. To certain third-party 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.
  • Subsidiaries and Affiliates. To our subsidiaries and affiliates.
  • An Acquirer. To another company that acquires ACT or its assets, at which point that company will have responsibility for your personally identifying information, as described in this Privacy Notice.
  • Third Party Service Providers. To third parties 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.

International – Onward Transfer of Personally Identifying Information

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.

Links and Websites

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.

Choice

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.

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 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

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. 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.

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 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.

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 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.   

PreACT 8/9

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.   

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 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:

  • Administer, review or improve the ACT Aspire program;
  • Administer, review, or improve the Site;
  • Conduct internal research and analysis, including to inform public policy and advocacy; provided that if such research is published or reported, for example to educational institutions, state agencies or businesses, this use only includes 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

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:

  • 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 ACT Aspire assessment, including linking ACT Aspire information with information relating to other 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 described above, and in the discretion of ACT and its subsidiaries and affiliates, ACT may choose to release data, including personally identifying information, to third parties providing data analysis, research, or administrative or educational support services to such school or organization. In these cases, the service provider must provide a written description of the services it provides to the school or organization and sign a confidentiality agreement.
  • ACT may contract with third parties to perform services on its behalf, which may include processing personally identifying information. These third 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 the contracted services.
  • 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 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:

  • 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 described above, and in the discretion of ACT and its subsidiaries and affiliates, ACT may choose to release data, including personally identifying information, to third parties providing data analysis, research, or administrative or educational support services to such school or organization. In these cases, the service provider must provide a written description of the services it provides to the school or organization and sign a confidentiality agreement.
  • ACT may contract with third parties to perform services on its behalf, which may include processing personally identifying information. These third parties are contractually required to maintain the confidentiality of the personally identifying information and are restricted from using it for any purpose other than performance of the contracted services.
  • 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

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:

  • 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 contract with third parties to perform services on its behalf, which may include processing personally identifying information. These third parties are contractually required to maintain the confidentiality of the personally identifying information and are restricted from using it for any purpose other than performance of the contracted services.
  • 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 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.

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 Provided by 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 Use as described in the Automated Means section of the Main Notice

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:

  • Schools or other educational institutions may provide your personally identifying information to us for purposes of registering for or using ACT’s 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 to use an ACT Product, we collect and use your personally identifying information to provide that Product to you.
  • 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 for marketing as described in the Marketing section of the Main Notice.

Transfers

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.

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: June 28, 2021