Privacy Policy

Introduction

Please read the TCMtests, LLC Privacy Policy ("Privacy Policy") carefully before using our services with our website www.TCMtests.com ("TCMtests.com Site") owned and controlled by TCMtests, LLC, their agents, subsidiaries, affiliates, officers, employees, and partners (collectively "TCM," "we," "us," and "our"). The terms "you" and "your" means you, your agents and affiliates if any, and any other person accessing your TCM account.

We are strongly committed to safeguarding your privacy and have established this Privacy Policy to inform you how we treat the information you provide to us through TCMtests.com Site. We also want to tell you about the other information that we collect through TCMtests.com Site and how we treat this information. We follow this Privacy Policy in accordance with the local laws in the places where we operate.

If you choose to use TCMtests.com Site, then you agree to the collection and use of information in relation to this Privacy Policy. The information that we collect is used for providing and improving TCMtests.com Site. We will not use or share your information with anyone except as described in this Privacy Policy.

This Privacy Policy is incorporated into and subject to the Terms of Use of TCMtests.com Site ("Terms of Use"). Each time that you access or use TCMtests.com Site, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and this Privacy Policy. If you do not agree to the Terms of Use and this Privacy Policy, you must discontinue using TCMtests.com Site.

1. Important Definitions

   Personal Information.

   We consider some, but not all, of the information you provide us to be your "Personal Information." We define Personal Information as information about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, date of birth, or telephone number) and any other non-public information that is associated with such information (collectively, "Personal Information"). It does not include information where your identity had been removed, deidentified, or made anonymous nor does it include any publicly available information from government records. We will not rent or sell your Personal Information to third parties without your explicit consent.

   Payment Information.

   Any information that you provide that corresponds to a financial account that we use to process payments.

   Deidentified Data.

   Any information that you provide and that has undergone a process to remove any personal identifying information leaving only deidentified or anonymous information. All original, personal, raw data that has been deidentified or anonymized is deleted so a controller or third-party cannot reidentify the data. Only remaining deidentified aggregate data shall be used or shared with third parties.

2. Types of Information We Collect

   The only information we obtain about our subscribers is information required to properly use the services provided by TCM and any Payment Information that is necessary.

   Information You Provide.

   We may collect Personal or Payment information that you choose to provide TCMtests.com Site in a variety of ways, such as the follow:

   • Information you provide to us for the use of TCMtests.com Site through a TCM subscription account ("Account") such as name, phone number, address, email address, current school attending, excepted graduation date, expected testing date, etc.;
   • Payment Information that you provide us to create and maintain an Account. Although you submit your Payment Information in order to use TCMtests.com Site, TCM does not store or process your payment information. Your payment information is submitted directly to and stored by our payment\'s processor Authorize.net. TCM chose Authorize.net as its payments processor in part because of its ability to secure your payment information in compliance with the Payment Card Industry Data Security Standard. You should familiarize yourself with Autorize.net privacy and security policies if you have concerns about your payment information;
   • Information you submit in a request for support, we may collect name, telephone number, e-mail address, and other information that you choose to give us to respond to the support request. This information will only be used for this purpose.
   • Any other information you provide to TCMtests.com Site.

   Automated Information.

   Information regarding your use of TCMtests.com Site may be collected and/or aggregated through the use of automated means. This automatically collected information may include the following:

   • Performance data and information on how you perform while using the test programs through TCMtests.com Site. This information is deidentified or anonymized and then aggregated for the sole purpose of improving yours and other subscribers\' use of TCMtests.com Site.
   • Aggregate usage information about your use of TCMtests.com Site through Google Analytics: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit TCMtests.com Site; and the referring URL, or the webpage that led you to TCMtests.com Site, access time, browser type, device ID, domain name, IP address, page views and referring URL. Please see our "Cookies and Other Tracking Mechanisms" section below for more information. This information from you is stored with TCM and once you have successfully passed the CALE & NCCAOM Board exams, your information is deidentified or anonymized and aggregated. TCM never shares any of the information before it is deidentified or anonymized.

3. Cookies

   TCMtests.com Site may use cookies to track information for routine administration and maintenance purposes, as well as to improve our website/application and our user experience. A cookie is a small text file that is generated by a website/application and is stored on your device. When you access TCMtests.com Site, this information is used to recognize and remember your device. We only use Strictly Necessary Cookies as described below for TCMtests.com Site. We DO NOT use Functional Cookies, Analytics and Performance Cookies (except through Google Analytics), and Advertising Cookies.

   Strictly Necessary Cookies:

   TCMtests.com Site uses these cookies for TCMtests.com Site to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. These cookies do not store any personally identifiable information.

   Functional Cookies:

   TCMtests.com Site may use functional cookies which are essential for TCMtests.com Site to perform enhanced functions and personalization. These include those required to allow registered users to authenticate and perform account-related functions, store information about your preferences such as account name, language and location, and history in order to better serve you.

   Analytics and Performance Cookies:

   TCMtests.com Site may use analytic and performance cookies (through platforms such as Google Analytics) to allow us to optimize performance by collecting information about how you use TCMtests.com Site, such as which pages you visited and which links you accessed, as well as other analytical data. All of this information is aggregated and therefore anonymous, therefore, none of this information can be used to identify you. The sole purpose is to improve the website and understand how users interact with the website.

   Advertising Cookies:

   TCMtests.com Site may use advertising or marketing cookies to track your online activity to help advertisers deliver more relevant advertising or to limit how many times you see an ad. They may be used to collect information about your online activities over time and across different websites predict your preferences and to display more relevant advertisements to you. These cookies also allow a profile to be built about you and your interests and enable personalized ads to be shown to you based on your profile.

   PLEASE BE AWARE that our website currently does not recognize or respond to "Do Not Track" signals. You may however, disable certain tracking as discussed in this section below under "Controlling Cookies."

   Cookies We Use

   The table below explains the cookies we use on our website and the purposes for which they are used:

   Strictly Necessary Cookies

   Cookie Name	Cookie Description	Type	Expires
   tcmusersessionid	Preserves the visitor\'s session state across page requests.	HTTP	Session
   tcmcookiesaccepted	Preserves visitor\'s acceptance of cookies policy	HTTP	Year from setting

   Controlling Cookies:

   You will see a "cookie banner" on the website or application requesting your consent for many of the cookies and tracking technologies we use. You may either accept all cookies or customize which cookies you will allow. Additionally, you can always change your browser settings to control cookie behavior or disable cookies if you have privacy concerns. Be aware that disabling cookies for websites/applications may interfere with your use of some websites/applications. For EU residents, you must consent first to the use of cookies before being allowed access to TCMtests.com Site.

4. Third Party Analytics.

   We use automated devices and applications, such as Google Analytics, to evaluate usage of TCMtests.com Site. Google Analytics is a website analysis service. Website analysis refers to the collection, recording and analysis of data regarding the behavior of visitors to the website. We use these tools to help us improve TCMtest.com Site, performance and user experiences.

   Google Analytics uses cookies. The information about your use of TCMtest.com Site generated by the Google Analytics cookie is normally transmitted to a Google server in the USA and stored there. Google might disclose this personal data collected via the technical procedure to third parties.

   You may prevent the storage of cookies by setting your browser software accordingly, but you might then not be able to fully use all functions of our website.

   To learn more about Google Analytics and what information is collected, visit their privacy policy at

   The following cookies are used by Google Analytics to collect information on TCMtest.com Site:

   Cookie Name	Cookie Description	Type	Expires

5. How We Use Your Information We Collect

   TCM uses your Personal or Payment information that it collects from you and about you for the purposes set forth below:

   • Provide you with the products and services you request;
   • Communicate with you about your account or transactions;
   • Improve our products, services and operations;
   • Personalize your experience on our site and tailor the content and information that we may send or display to you;
   • Send you information about new TCM services or changes to our policies;
   • Detect, investigate and prevent activities that may violate our policies or be illegal; and
   • Review whether it is responsive to a subpoena or other legal request we have received.

6. When We Share Your Information

   We may share any and all of your Personal Information or Payment information in the following instances:

   • When you direct us to share your information with third-party sites or platforms;
   • When we share your information with third parties in connection with the sale of a business, to enforce our Terms of Use or rules, to ensure the safety and security of our guests and third parties, or to protect our rights and property and the rights and property of our guests and third parties;
   • When we determine your information is responsive to a subpoena or other legal request;
   • To our third party service providers who provide services such as Web site hosting, maintenance, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other similar services, but only to the extent necessary or useful to provide such services, and only pursuant to contractual obligations requiring such third parties to maintain the privacy and security of your Personal Information.
   • In response to legal process. We may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
   • We may share aggregated and de-identified information with other subscription users in order to show performance statistics of TCMtests.com Site.

   Please note that once we share your information with another company, the other company\'s privacy practices will govern their use of the information, unless under a contractual obligation with us requiring such third parties to maintain the privacy and security of your Personal Information under this Privacy Policy.

7. How Long We Will Store Your Information

   We will continue to store and process your Personal Information until the earlier of (i) your request that we delete your Personal Information in accordance with the procedures set forth in this Privacy Policy, (ii) your Personal Information is no longer required to fulfill the identified purpose for which it was collected, or (iii) we decide to delete your Personal Information for reasons such as because your failure to use TCMtests.com Site for a prolonged period of time (as determined in our sole discretion) or another business reason makes it desirable for us to delete your information.

   The length of time for which we will retain your Personal Information will depend on the purposes for which we need to retain it. We may continue to retain your Personal Information to meet any legal requirements or to defend or exercise our legal rights.

8. How We Secure Your Data

   To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, TCM has put in place appropriate physical, electronic, and managerial procedures to protect the information we collect. Please understand, however, that while we try our best to safeguard your personally identifiable information once we receive it, no transmission of data over the Internet or any social media or other public network can be guaranteed to be 100% secure.

   You need to help protect the privacy of your own information, including maintaining the confidentiality of any account information or access credentials. You must take precautions to protect the security of any personally identifiable information that you may transmit over any public or untrusted network by using encryption and other techniques to prevent unauthorized persons from intercepting or receiving any personally identifiable information. You are responsible for the security of your information when using unencrypted, open access, public or otherwise unsecured networks.

   In the event you disclose any of your Personal Information in a public forum, the information in that disclosure will be treated as public, we will not take any steps to protect, secure, or delete that disclosure, and you should not have any expectation of privacy or confidentiality with regards to that disclosure.

9. How You Control Your Information

   You may modify, change, or correct your Personal Information in the same manner in which you originally provided it to us.

   If you want to delete your Account, we are sorry to lose your business, and we hope that you will give us the opportunity to discuss any issues or concerns that you have had regarding TCMtests.com Site. To delete your account, please contact us at office@TCMtests.com. Once we receive your request, we will then take steps to delete your Personal Information within a commercially reasonable time, or within the time limits as required by law under certain jurisdictions. We may retain some information for our own backup, archival, record or audit purposes and as otherwise required by law, however, we will only retain the information for those purposes. Please note that we will only be able to delete your Personal Information that is within our control, and we will not be able delete your Personal Information that we had previously shared with others in accordance with this privacy policy.

10. Changes to this Privacy Policy

    Although most changes are likely to be minor, TCM may change its Privacy Policy from time to time, and at our sole discretion. Should such changes occur, TCM will post the new Privacy Policy with a new Effective Date to notify you of these changes. TCM will provide notice to you, and, if TCM is required by applicable law, TCM will obtain your consent. If TCM has not obtained your consent, you are deemed to consent to our then-current Privacy Policy by accessing TCMtests.com Site after the Effective Date, unless you are a European Union resident for whom different methods of consent apply (as discussed below in Section 15). If you are concerned about how your information is used, you should check back to this Privacy Policy frequently for updates.

11. How We Protect Children\'s Privacy

    We do not knowingly allow children under the age of 13 to register on TCMtests.com Site, and therefore we do not knowingly collect personal information from children under the age of 13.

    If you believe that we have inadvertently collected personal information from a child under 13, please contact us at office@TCMtests.com so we can take appropriate steps to delete the child\'s personal information.

    We define "personal information from a child under 13" to include (1) a first and last name; (2) a home or other physical address including street name and name of a city or town; (3) online contact information such as an email address or instant messaging user identifier; (4) a screen or user name; (5) a telephone number; (6) a persistent identifier that can be used to recognize a user over time and across different online services, including an IP address or a unique device identifier; (7) a photograph including the child\'s image; or (8) geolocation information sufficient to identify street name and name of a city or town.

12. Third Party Sites

    TCMtests.com Site may provide you with hyperlinks to other sites not owned or controlled by us and we are not responsible for the privacy practices of any site that is not owned or controlled by us. We do not share Personal Information with those other sites, unless specifically authorized by you. We aim to work with trusted partners and organizations which are also bound by state and federal laws governing privacy and security; however, we encourage users to be aware when you leave our site or mobile application and to review any privacy policy of any third-party site.

13. Notice to Non-U.S. Users

    TCMtests.com Site is operated in the United States and is intended for users located in the United States. If you are located anywhere outside of the United States, please be aware that information we collect, including personal information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. By using TCMtests.com Site or providing us with any information, you consent to the transfer, processing, and storage of your information in the United States. You are also consenting to the application of United States federal and Indiana state law in all matters concerning TCMtests.com Site and this Policy.

14. SPECIAL POLICIES FOR EUROPEAN UNION RESIDENTS

    Basis for Processing

    Data protection law in Europe requires a "lawful basis" for collecting and retaining personal information from residents of the European Economic Area. Our lawful bases include:

    • Providing TCMtests.com Site to you as you requested under your subscription Account, including providing customer support.
    • Consent: we may ask your consent to process your personal information in some situations.
    • Legal compliance: TCM may process your Personal Information to comply with a legal obligation.

    Legitimate interests: This is a term in data protection law that allows us to process your personal information if we have a fair reason to use your data, and only if we do so in ways which do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in running our business, including delivering our services, fraud prevention, and quality assurance, as long as our use of your data does not materially impact your rights, freedom or interests. This allows us to improve and develop the quality of the online experience we offer all our users.

    What are Your Data Protection Rights?

    In accordance with its obligations under the EU General Data Protection Regulation, we set forth the following additional notices and policies with respect the residents of the EU who use TCMtests.com Site. To exercise your rights set forth in this section, please contact us at office@TCMtests.com. Subject to our authentication of your identity, we will act on your request promptly and in accordance with applicable laws.

    • Right to Withdraw Consent and Stop Our Use of Your Personal Information:

      If you have consented for TCM to use your personal information for a specific purpose or purposes, you may contact us to instruct us that you withdraw your consent that we use your personal information for that purpose or those purposes. Note however, this will not affect any processing or use of your personal information that took place before you withdrew your consent.

    • Right to Access and Port Your Personal Information:

      You may contact us to receive a copy of your personal information and it shall be provided in a structured, commonly used and machine readable format, which you may then port elsewhere for your purposes.

    • Right to Correct or Change Your Personal Information:

      If your personal information has changed or you discover our records of your personal information is otherwise incorrect, you may contact us to change your personal information accordingly.

    • Right to Be Forgotten:

      If you do not wish for TCM to have your personal information anymore, you may contact us to instruct us to delete your personal information from our records. We will delete your personal information from our database. Note, however, if you have communicated to us through email or other channels, we may incidentally have portions of your personal information within our internal archives of such communications, however, we will not use such Personal Information for any purpose inconsistent with your right to be forgotten or the record-keeping purposes of the archive. We may also preserve your personal information if we are required to do so by law, however, we will not use such Personal Information for any purpose inconsistent with your right to be forgotten or such legal obligation.

    • Right to Review Decision-Making:

      If you question why you have received a communication or other material from TCM, you may contact us to learn what about your personal information led us to send you the communication or other material. You have the right to object to a decision based solely on automated processing, including profiling, which produces legal effects concerning or affecting you.

    • Right to Restriction of Processing:

      If any of the following conditions apply, you have the right to request a restriction on the processing of your data: (1) accuracy of the data is contested; (2)the processing is unlawful and you oppose erasure of the data; (3) the controller no longer needs your personal data for processing but legal claims require data not to be erased; and (4) you object to the processing of your personal information in accordance with Article 21(1) of the GDPR.

    • Right to Object:

      You have the right to object to the processing of personal data concerning yourself in accordance with Article 21 of the GDPR and that do not fall under any exception.

15. SPECIAL POLICIES FOR CANADIAN RESIDENTS

    In accordance with the obligations under the Personal Information Protection and Electronic Documents Act ("PIPEDA"), we set forth the following additional notices and polices with respect to the residents of Canada who use TCMtests.com Site.

    Your Rights to Your Personal Information

    • The right to withdraw your consent (where our processing activity is based on your consent);
    • The right to be provided with details about what personal data we hold about you and whether your personal data has been transferred to a third-party, and to be provided with a copy of your personal data;
    • The right to stop receiving marketing communication; and
    • The right to require us to update any inaccuracies in the personal data we hold. In order to assist us with this, please keep your account information up to date.

    To exercise any of your rights set forth in this section, please contact us at Office@TCMtests.com. Subject to our authentication of your identity, we will act on your request promptly. If we deny your request, we will advise you of the reason for the refusal.

    If you are not satisfied with how we have addressed your complaint or concerns, you can also contact your appropriate data privacy regulator. If you are located in Canada, your appropriate data privacy regulator may be the Office of the Privacy Commissioner of Canada or a local provincial privacy regulator.

    Note:

    Publicly available information is defined under SOR/2001-7. This includes information such as any personal information including the name, title, address, and telephone number of an individual that appears in a professional or business directory, listing or notice, that is available to the public, where the collection, use and disclosure of the personal information relate directly to the purpose for which the information appears in the directory, listing or notice. (For full definition see SOR/2001-7).

    • An organization may collect, use and disclose publicly available personal information without the knowledge or consent of the individual.

16. Choice of Law

    The laws of the State of Indiana shall govern any dispute, including those disputes arising from TCM\'s use of Personal Information or otherwise relating to privacy, as specified in the Terms of Use. [Link to Terms of Use statement] This Policy does not create rights enforceable by third parties.

17. Notice

    TCM does not intend to transfer or sell Personal Information without your consent to third parties who are not bound to act on TCM\'s behalf unless such transfer is legally required.

18. Contact Information

    If you have any questions regarding the use of your information, this Privacy Policy or the Terms and Conditions, please contact us at office@TCMtests.com.