Consumer Health Data Privacy Policy
ETS is committed to respecting your privacy. Our Privacy and Security Policy describes how we handle your personal information generally. This notice explains our practices for “Consumer Health Data” that is defined and regulated by the Washington My Health My Data Act (the “Act”).
Under the Act, “Consumer Health Data” means personal information that is linked or reasonably linked to a consumer and that identifies past, present or future physical or mental health status. Consumer Health Data includes information about medical conditions as well as non-medical information, such as biometric data.
ETS only collects, uses and discloses Consumer Health Data as needed to provide you with the products or services that you request or with your consent.
Categories of Consumer Health Data that We Collect
ETS collects the following categories of Consumer Health Data:
| Type of Data | Why We Collect It |
|---|---|
Individual Health Conditions Individual health conditions means information about your past, present or future physical or mental health status. Example: ETS Disability Services collects information about your health conditions if you need assistance or an accommodation during testing. Our websites may also collect information on use of accessibility tools, such as screen readers. We may also collect health information in connection with accidents or emergencies that arise during testing or in our offices. |
We use health condition information for the following purposes: - To evaluate requests for accommodation and to administer the accommodations, - To enable accessibility of our websites and facilities, - To respond to accidents and emergencies and for related health and safety purposes, and For internal operational purposes, such as reporting and compliance. |
Biometric Data Biometric data are data generated from measurements of your physiological, biological or behavioral characteristics that can be used to identify you. Example: when you take an ETS test, we collect digital photographs, audio recordings and video recordings that allow us to identify you using voice print and facial recognition technology. When you complete written portions of an online test, we may also analyze keystroke patterns and other behavioral characteristics to help verify your identity and authenticate you based on these patterns. Our websites may also collect behavioral biometric data for security purposes, such as to distinguish human visitors from bots. |
Biometric Data are used to identify and authenticate test takers, test administrators and other consumers in connection with our multi-factor authentication programs. They are also used for security related purposes, such prosecution of fraud or theft. For example, ETS may compare a biometric template taken from your photograph with templates previously collected by ETS and templates created from your government-issued identification documents. We also use audio and video recordings as needed to administer your tests and for other operational purposes, such as research, analytics, product development, customer service and compliance. These processing purposes do not use your biometric data. |
Bodily Functions Example: videos collected by ETS may be analyzed to determine physical characteristics, such as stress or eye movement. |
ETS offers skills assessments that include analysis of individual video sessions to determine characteristics such as the individual’s confidence and engagement. These are used for coaching and research. |
Sources of Consumer Health Data
We collect Consumer Health Data from the following sources:
- From you, such as when you request a health-related accommodation or use accessibility features on our websites.
- From you, when you provide us with a photo or audio recording for identification purposes.
- From your interactions with us, such as biometric data collected during your testing session or characteristics inferred from your videos.
Consumer Health Data may also be collected during our interactions with you, such as if you have a medical condition that is visible during testing. This information may be observed in test videos, but it is not used for other purposes.
Disclosures of Consumer Health Data
We do not sell any Consumer Health Data. We may disclose the categories of Consumer Health Data described above in the following circumstances:
- Consumer Health Data is shared within the ETS corporate family as needed to achieve the purposes set forth above. Our affiliates are all bound by our Global Privacy Policy and committed to protecting your Consumer Health Data. Please contact etsinfo@ets.org for a current list of our affiliates.
- We may disclose Consumer Health Data with our data processors, service providers and contractors who assist us in providing goods and services to you. These companies may only use the data only as permitted by our contracts with them.
- We may also disclose Consumer Health Data as permitted by law, such as (i) with your consent, (ii) to an acquiring organization if we are involved in a sale or a transfer of our business, (iii) as needed to prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, (v) as needed to preserve the integrity or security of our systems, or (iv) to investigate, report, or prosecute those responsible for any action that is illegal under applicable state or Federal law.
Your Privacy Rights
You have specific rights with respect to your Consumer Health Data:
- You have the right to know if we are collecting, using or disclosing your Consumer Health Data, to access that data, and to receive a list of the affiliates and the categories of third parties with whom we have shared your information.
- If we are processing your Consumer Health Data with your consent, you have the right to withdraw that consent.
- You have the right to request that we delete your Consumer Health Data.
We will not discriminate against you for exercising any of your rights.
To exercise these rights, please email etsinfo@ets.org. We will authenticate your requests and process it as required by law. Please allow 45 days for a response. If we deny your request, you may appeal that denial by requesting a review of the decision via email to etsinfo@ets.org. If your appeal is unsuccessful, you can file a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.