Swiss Exams Skills (SES) Privacy Policy

Scope and Legal Base

This privacy policy is intended to inform the users of the SES website, customers and candidates about the type, scope and purpose of the collection and use of personal data by the website operator Swiss Exams GmbH. This privacy policy may be updated from time to time. We therefore recommend that it is checked regularly.

Swiss Exams GmbH takes the protection of personal data very seriously and treats it confidentially and in agreement with the applicable legal regulations. We therefore comply with the European General Data Protection Regulation (GDPR) 2016/679, the Swiss Federal Law of Data Protection from 25 September 2020 and all further applicable laws and regulations.

Privacy – Website Users, Customers and Candidates

What Data is Collected and For Which Purposes?

1. General Remarks 

Swiss Exams GmbH collects, uses and passes on personal data only in agreement with the affected person and only if this is permitted by law or if there is an agreement with the affected person about the data collection. We will not use or share personal data for any purpose other than described in the following sections.

We use a person’s personal data:

  • To process his/her inquiry (including registration and results process)
  • To investigate cases of malpractice, complaints and identity verifications
  • To carry out investigations, control research and any other processes ensuring the quality and improvement of our SES products/services 
  • To ensure the protection of our candidates.
  • For purposes of technical administration
  • Further development of our SES website and to maintain the address data of persons with whom we maintain business relations. 
  • Notifying any third parties (e.g., schools) of the candidate’s exam results when requested by the candidate.
  • To comply with law or government regulation, in case of mandatory immigration procedures or any other legal investigations.
  • To occasionally notify former candidates/customers of our SES products.
  • For anonymised data research purposes within SES, Swiss Exams GmbH, Cambridge English Assessment, our external remote proctoring services and third parties. This data is anonymous for the receiver.

2. Data Collected and Use of Data – Website Users

Swiss Exams GmbH collects data from every website user. This data includes information about accesses to the SES website and saves them as server log files. 

The following data is logged in this way:

  • Visited website
  • Time of access
  • Amount of data sent in bytes
  • Source/reference from which the user came to the page
  • Browser used
  • Operating system used
  • IP address used

The data collected is used solely for statistical evaluations and to improve the SES website. However, Swiss Exams GmbH reserves the right to subsequently check the server log files if there are concrete indications of illegal use.

If a person leaves a contribution or comment on the SES website, his/her IP address will be saved. This serves the security of the Swiss Exams GmbH.

3. Data Collected and Use of Data – Customers 

If a customer contacts Swiss Exams GmbH through the contact options offered or if he/she makes use of our online shop (e.g., booking an online language course), this data will be stored. 

Swiss Exams GmbH may collect the following personal data:

  • Name of customer
  • E-Mail address and telephone number of a customer
  • Job title, postcode and gender of a customer
  • Other information relevant to customer surveys and/or offers
  • If relevant: Associated exam institute of the customer
  • If relevant: Identification number of a customer

Swiss Exams GmbH may use such data for the following reasons:

  • Processing and responding to customer’s enquiry
  • Internal record keeping
  • Improvement of our products and services
  • Marketing and market research

4. Data Collected and Use of Data – Candidates

If a candidate contacts Swiss Exams GmbH through the contact options offered or if he/she books an online assessment, this data will be stored. Part of the booking process involves the registration in which candidates will have to create a SES account. 

Swiss Exams GmbH may collect the following personal data:

  • Name of a candidate
  • E-Mail address and telephone number of a candidate
  • Identification number of a candidate
  • Job title, postcode and gender of a candidate
  • Screen recording of the PC of the candidate
  • Webcam/camera recording of candidate’s environment including his/her face
  • Other information relevant to candidate surveys and/or offers
  • If relevant: Associated exam institute of the candidate

Swiss Exams GmbH may use such data for the following reasons:

  • Processing and responding to candidate’s enquiry
  • Internal record keeping
  • Improvement of our products and services
  • Marketing and market research

Where is the Data Stored?

The data of SES website users, customers and candidates is stored on Swiss Exams Access, MS Dynamics and Metrica.

Swiss Exams Access is a website where schools, organisations and candidates can see their vouchers purchased through the SES website. Schools can assign candidates to their vouchers. Swiss Exams Access can also be used by schools and candidates to manage other offers by Swiss Exams GmbH, as for example from Cambridge English Language Assessment or/and the Goethe-Institut.

MS Dynamics is the backbone of Swiss Exams GmbH where the data from Swiss Exams Access and the SES website is synchronised. All the data is stored in MS Dynamics and then used for all further necessary purposes, as for example online assessment operations, customer service etc.

Metrica is the external tool of Cambridge English Language Assessment. Swiss Exams GmbH, thus, has no control over the data storage and usage going through Metrica and accordingly, the data flow. 

Who Gets Access to the Data?

Swiss Exmas GmbH, as the SES website operator, acts as the Controller of the data use and data storage. We work with different international language institutes (including, but not limited to) such as the Cambridge English Language Assessment of the University of Cambridge in the United Kingdom (UK) and external remote proctoring services (including, but not limited to) such as ProctorU (EU and International). Collectively, these third parties are referred to as Processors. 

If you are an SES candidate/customer, your personal data will therefore be used and shared on a cross-border basis (e.g., Switzerland, UK, EU and International) between Swiss Exams GmbH as your SES website operator and the respective Processors (respectively its employees and agents) for the purpose of administering an online assessment (including registration and result processes), evaluating online assessments, issuing certificates, processing enquiries about results, investigating cases of malpractice etc. 

In case of online assessment related inquiries, Swiss Exams GmbH may, in particular, forward a candidate’s personal data to the person responsible within these Processor institutions for answering or processing your inquiry.

Please note that the Processors will be subject to different data protection laws and may have established different data protection standards than Swiss Exams GmbH. In addition, the Processors may collect additional personal data and may use such personal data for additional purposes not outlined herein (including Processor-specific marketing, research and quality control purposes). SES candidates/customers should therefore additionally consult the privacy policies, data protection declarations and respective Terms and Conditions of the relevant Processor for further information.

Data Storage Period

Swiss Exams GmbH stores the personal data of the person affected only for the period necessary to achieve the purpose of storing (see above), that is permitted or prescribed by the Swiss Federal Law of Data Protection from 25 September 2020. If the purpose of storing the data no longer applies or a period prescribed expires, the personal data is routinely anonymised or deleted.

Any data and documents required for accounting purposes are stored until the lapse of the statutory preservation period (e.g., 10 years in Switzerland). Personal data collected for marketing activities is deleted as soon as the purpose of the activity has been met or upon request of the person concerned. Other data is stored as long as is necessary for the execution of the contract and to safeguard the rights of Swiss Exams GmbH. 

SES candidates should note that information which may be needed later to confirm and verify his/her result, will be kept for an unlimited time.

Highly Confidential Data

The camera/screen recording of a candidate’s surrounding environment including his/her face during a remote proctored online assessment is categorised as highly confidential data according to the Swiss Federal Law of Data Protection from 25 September 2020. Through the screen recording, the face of the candidate is clearly identifiable and is therefore biometric data and respectively, highly confidential data. Highly confidential data can only be be collected/used with the express consent of the candidate. 

By accepting this Privacy Policy, a candidate is giving Swiss Exams GmbH the express consent that his/her face recording is allowed to be used and stored for the purposes mentioned above by Swiss Exams GmbH, our external remote proctoring services and if necessary, by third parties.

International Data Transfers

In situations of international data transfers and where required by applicable law, Swiss Exams GmbH only transfers personal data to third countries or international organisations where the affected person has authorised to do so and only when we have taken appropriate steps to ensure that the person’s privacy rights continue to be protected in accordance with the applicable law. 

When Swiss Exams GmbH transfers information from persons in Switzerland to countries that have not received an adequacy finding under Article 45 of the GDPR, we rely on alternative adequate safeguards, such as the ones set forth in Article 46 of the GDPR or subject to the conditions in Article 49 of the GDPR.

In cases of the implementation of Article 46 of the GDPR, we will make sure that the suitable safeguards are in place to protect the personal data of a person. This means that whoever we transfer data to will have to agree to protect the personal data in an appropriate way. You can request further information about this by emailing info@swiss-exams.ch.

In the exceptional situations where Swiss Exams GmbH acts as a Controller and relies on an international transfer under Article 49 of the GDPR, we only collect and transfer a person’s information to third countries if the following applies:

  1. With the person’s consent
  2. In order to protect the person’s and/or other individual’s vital interests 
  3. To perform a contract with the person
  4. To perform a contract with another person and/or legal body (in the interest of the respective person)
  5. To establish, exercise or defend legal claims

Children

Our services are only provided to children with parental or guardian consent in accordance with applicable law. If there are indicators that a child has provided their information to Swiss Exams GmbH without parental or guardian consent, please contact Swiss Exams GmbH immediately, to ensure that we can take the necessary steps to delete the data/information. 

Rights of the User

Upon a person’s request, he/she as a user/customer/candidate will receive free information about which personal data about him/her has been stored. Unless a person’s request conflicts with a legal obligation to store data (e.g., statutory preservation periods) and with the exception of information which may be needed later to confirm and verify results of SES candidates, he/she has a right to have incorrect data corrected and/or his/her personal data anonymised or deleted.

Privacy – Other Use of Data

Marketing and Market Research

If and to the extent a person has provided us with a personal email address, Swiss Exams GmbH may periodically send promotional e-mails about new products, special offers or other information. We may also use a person’s information to contact him/her for market research purposes or to customise the SES website according to a person’s interests. We will contact a person by e-mail, phone or fax. 

Swiss Exams GmbH may contact a person for these marketing purposes, unless he/she notifies us that he/she no longer wishes to receive marketing communications by emailing info@swiss-exams.ch. A person’s consent to the use of his/her personal data for these purposes is voluntary and does not affect the visit and use of the SES website.

Newsletter Subscription

Swiss Exams GmbH offers persons a newsletter in which we inform about current events and offers. If a person would like to subscribe to the newsletter, he/she must enter a valid e-mail address. A person can unsubscribe from the newsletter at any time via an Unsubscribe Link or by sending an e-mail to info@swiss-exams.ch.

Data Transmission Security

The internet is generally not a safe environment. Unauthorised third parties may be able to view and manipulate information that a person sends over the internet. Complete protection against such access by third parties is not feasible. It needs to be kept in mind that data sent over the internet may leave and be transferred to a country where data protection requirements are less strict than in the country where a person resides, even if the sender and recipient are in the same country. Against this background, Swiss Exams GmbH assumes no responsibility for the security of a person’s data while it is being transmitted to us via the internet. We ask persons to use other means of communication if they consider this necessary for security reasons.

Cookies

The SES website uses cookies. These are small text files that are stored on a person’s mobile device. A person’s browser accesses these files. The use of cookies increases the user-friendliness and security of the SES website.

Common browsers offer the setting option not to accept cookies. 

Note: There is no guarantee that a person will be able to access all functions of the SES website without restrictions if he/she restricts the cookie settings.

Third-Party Sharing

1. Google Analytics

The SES website uses the Google Analytics service, which is provided by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) for analysis of website usage by users. The service uses cookies text files which are stored on your terminal. The information collected by the cookies is usually sent to a Google server in the USA and stored there.

IP anonymisation is used on the SES website. The IP address of users within the member states of the EU and the European Economic Area will be reduced. This reduction eliminates the personal reference to a person’s IP address. As part of the contract data agreement concluded between Swiss Exams GmbH and Google Inc., Google uses the information collected to evaluate the use of the SES website and SES website activity and to provide services related to internet use.

Persons have the option of preventing the storage of cookies on their device by making the appropriate settings in their browser. There is no guarantee that he/she will be able to access all functions of the SES website without restrictions if his/her browser does not allow cookies.

Furthermore, persons can use a browser plug-in to prevent the information collected by cookies (including his/her IP address) from being sent to Google Inc. and used by Google Inc. The following link leads to the corresponding plug-in: https://tools.google.com/dlpage/gaoptout?hl=en.

Further information on data use by Google Inc. can be found here:

 https://support.google.com/analytics/answer/6004245?hl=en   

2. Social Media Plug-Ins 

The SES website uses Facebook Social Plug-ins, which is provided by Facebook Inc. (1 Hacker Way, Menlo Park, California 94025, USA). The ties can be recognised by the Facebook logo or the terms Like, I like and Share in the colours of Facebook (blue and white). Information about all Facebook plug-ins can be found at the following link: https://developers.facebook.com/docs/plugins/.

The plug-in establishes a direct connection between a person’s browser and the Facebook servers. Swiss Exams GmbH has no influence on the nature and scope of the data that the plug-in transmits to the servers of Facebook Inc. 

Information on this can be found here:

https://www.facebook.com/help/186325668085084  

The plug-in informs Facebook Inc. that a person has visited the SES website. It is possible that a person’s IP address may be stored. If a person is logged into his/her Facebook account during his/her visit to the SES website, the information above will be linked to his/her Facebook account.

If a person uses the functions of the plug-in (e.g., by sharing or liking a post), the corresponding information will also be transmitted to Facebook Inc.

If a person wants to prevent Facebook Inc. linking this information to his/her Facebook account, he/she must log out of Facebook before visiting the SES website.

Furthermore, the SES website uses the +1 button of Google Plus. It is operated by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA). If a person visits a page that contains the +1 button, a direct connection between his/her browser and the Google servers is established. Swiss Exams GmbH therefore has no influence on the nature and scope of the data that the plug-in transmits to the servers of Google Inc. The +1 button must be clicked while logged in to Google+, then the content of the page on a person’s profile can be shared.

According to Google Inc., personal data is only collected when a person clicks on the button. The IP address is also stored for logged in Google users. If a person does not want Google Inc. to store this information and link it to his/her account, he/she must log out before visiting the SES website.

Information on the +1 button can be found here:

https://developers.google.com/+/web/buttons-policy

3. Twitter-Slats

Furthermore, the SES website uses Twitter-slats. These are operated by Twitter Inc. (795 Folsom St., Suite 600, San Francisco, CA 94107, USA). If a person visits a page that contains such a button, a direct connection is established between his/her browser and the Twitter servers. Swiss Exams GmbH therefore has no influence over the nature and scope of the data that the plug-in transmits to the Twitter Inc. servers. According to Twitter Inc., only a person’s IP address is collected and stored.

Information on the handling of personal data by Twitter Inc. can be found here:

https://twitter.com/privacy?lang=en

4. Links to Third-Party Websites

The SES website may contain hyperlinks to other websites which are not operated or monitored by Swiss Exams GmbH. It is important that the Privacy Policies of the respective third-party websites are noted, as Swiss Exams GmbH is neither responsible for the content, nor the data protection practices of third-party websites and has no influence over them.

Last update: 01.04.2021