At Burlington English Inc., we are committed to respecting and protecting your personal data. We understand that you are aware of and care about data protection, and we take that seriously.

This Policy describes which personal data Burlington English Inc., collects about you through VTest platform and VTest website (jointly “Websites”); how we use and protect this information and the choices you can make about how we use this
information.

1. Who are we?

Burlington English Inc. is a company with its registered office at 4800 N. Federal Hwy. Suite E207, Boca Raton, FL 33431 (hereinafter referred to as “Burlington English”).

Burlington English operates Websites, a platform that hosts the administration and conduct of tests and facilitates the creation and supervision of a VTest Test centers network worldwide and provides related services (“Services”), which enable (i) businesses – legal entities (“Customers”) to ask for the performance of tests (“Tests”) and (ii) individuals (“Candidates”) to take part in such Tests and the respective website. In the context of the Websites and the Services, Burlington English may collect and/or process information about Visitors, Customers and Candidates as described below.

2. What type of information is collected from you?

Burlington English processes the following personal data through Websites:

2.1.Name. We collect the given names (first name, family name) of Candidates, Customers, Customers’ representatives / employees entering into contractual relationship with Burlington English.

2.2.Email address. We collect the email address of Candidates, Customers’ representatives / employees entering into contractual relationship with Burlington English and of contacts when they express interest in our services, or when they sign up for our newsletter.

2.3. IT data. We collect anonymously, visitor ́s IP address, operating system or browser data during their visits to our Websites to provide them with our services.

2.4. Candidates’ Parents’/guardian’s name and contact details. We collect the given names (first name, family name) and contact details of Candidates’ parents/guardians when they register in Websites on behalf of their kids aged under 15 or the minimum age threshold applicable in the respective jurisdiction.

2.5. Biometric data. We collect biometric data of Candidates who take online proctored test in order to verify the identity of the Candidates and prevent cheating and identity fraud.

2.6.Health data. We collect health data of Candidates in order to determine the applicable test mode.

2.7. Financial data. We collect financial data of Customers or Candidates who acquire our services directly through our website.

We shall not be held liable for the personal data collected by other websites / portals you access based on the links accessed through our websites.

3. Where do we obtain the information?

We collect your personal data when you use our Websites and/or Services as a Visitor, Customer and/or Candidate. We do not sell your personal data to others, and we only share them with third parties who facilitate the provision of our Services to you.

4. How do we use (process) the information?

We use your information for the provision of service(s). We process your information in order to offer you our Websites and provide you with the best service we can.

5. What is our legal basis for the processing?

5.1. The processing of Candidates personal data, which is used for the provision of our service(s), is based on the execution and performance of a contract according to Art. 6 par. 1 (b).

5.2.The processing of Candidates’ sensitive personal data, when they take online proctored test and in particular biometric data is based on Candidates’ explicit consent according to Art. 9 par. 1 (a) GDPR for identity verification reasons.

5.3. The processing of your personal data is also necessary for the compliance with a legal obligation according to Art. 6 par. 1 (c).

6. How long and where do we store your information?

We store your information in our internal systems for as long as necessary for your active connection to our Websites and for legitimate interest purposes (e.g. legal proceedings and for purposes related to dispute resolution). Then we delete it securely.

7. What safeguards have we taken to protect your information?

When you give us personal information, we take steps to ensure that it’s treated securely. To help protect the privacy of your information, we maintain physical, technical and administrative safeguards. We update and test our security technology 
on an ongoing basis. We restrict access to your information to those employees who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.

Among other things, we have implemented the following measures and procedures designed to protect your information from loss, misuse, or alteration:

• Electronic Access Control to our systems
• Physical Access Control
• Data Transfer Control
• Internal Access Control (permissions for user rights of access to and amendment of data)
• Web Application Firewall
• Basic DDoS Protection
• Advanced Website Acceleration

8. When and how we share information with others?

We rely on third-party service providers to perform a variety of business operations on our behalf for the operation and the provision of the Websites. In so doing, we may need to share your information with them. We provide our service providers with only the personal information they need to perform the services we request, and we require that they protect this information and not use it for any other purpose.

9. Your Rights

Depending on the country in which you reside, and subject to applicable data protection laws, you may have the right to request access to your personal information that we process. You may also have the right to:

9.1. Rectify incorrect personal data or erase it in certain circumstances.
9.2. Restrict or object to the processing of your personal data.
9.3. Receive your data so that you can use it elsewhere.
9.4.Where we process data based on your consent, you also have the right to
withdraw your consent at any time but this does not affect the lawfulness of the processing before the date that you withdrew your consent.

Finally, you have the right to lodge a complaint with a competent supervisory authority.

10. Transferring of information outside the European Economic Area (E.E.A.)

In the context of provision of Websites and the respective services, information we collect from you is transferred or processed outside the EEA. We take all measures to 
adequately protect your personal data and ensure that it is stored in accordance with the General Data Protection Regulation. Such transfer takes place only if the specific requirements of Art. 45 GDPR and, in particular, in compliance with the European Commission Implementing Decision 2016/2295 of 16 December 2016.

11. Privacy and Data Protection Notice for children

For more information about the processing of children personal, please refer to our dedicated Privacy and Data Protection Notice for Children at VTest.com.

12. Cookies Policy

Cookies are small text files that are stored by a website on an internet browser while browsing and can thereinafter be recovered in order to identify when users next visit the webpage. For more information, please visit our Cookies Settings.

13. California Rights

This portion of our Privacy Policy applies to our California resident customers only and applies to the extent of any inconsistency with the information above.

The California Consumer Privacy Act (“CCPA”) provides consumers with specific rights regarding their Personal Information. If you are a California resident, you have the right to request that companies and organizations (businesses) subject to the CCPA disclose certain information to you about their collection and use of your Personal Information over the past 12 months. In addition, you have the right to ask such businesses to delete Personal Information collected from you, subject to certain exceptions. If the business sells Personal Information, you have a right to opt-out of that sale. Finally, a business cannot discriminate against you for exercising a CCPA right.

When offering Services to our customers, Burlington English acts as a “service provider” under the CCPA and our receipt and collection of any consumer Personal Information is completed on behalf of our customers in order for us to provide Services to them. Please direct any requests for access or deletion of your Personal Information under the CCPA to the entity with whom you have a direct relationship, as applicable.

Where we act as a business, you may exercise your CCPA rights, by contacting us at privacy@vtest.com. You may also have an authorized agent make a CCPA request on your behalf. If you make a request, we will need to collect information to verify your identity.

Consistent with California law, if you choose to exercise your applicable CCPA rights, we will not charge you different prices or provide you with a different quality of services. If we offer in the future a financial incentive or product enhancement that is contingent upon you providing your Personal Information, we will not do so unless the benefits to you are reasonably related to the value of the Personal Information that you provide to us.

14. Residents of Brazil

This portion of our Privacy Policy applies to our Brazilian customers only and, applies to the extent of any inconsistency with the information above.

Data Protection Rights. You have the following rights, subject to certain exceptions, under the Lei Geral de Proteção de Dados (“LGPD”):

• confirmation of the existence of processing;
• access to Personal Data;
• correction of incomplete, inaccurate, or outdated Personal Data;
• anonymization, blocking, or elimination of unnecessary or excessive Personal
  Data;
• portability of Personal Data (subject to our ability to protect our trade secrets);
• elimination of the Personal Data processed with the consent of the data
  subjects;
• information on the public and private entities with which the controller has
  shared Personal Data;
• information on the possibility of not providing consent and on the
  consequences of such denial;
• revocation of the consent, where consent serves as the basis for data
  processing; and
• reviewing decisions based on the processing of Personal Data carried out
  exclusively by automated means.

If you have any other requests relating to your personal data or if you wish to exercise any of your rights, you can contact us at privacy@vtest.com. Subject to applicable law, we will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

Consent. We will make it clear if we rely on your consent to process your Personal Data and you are free to withdraw your consent at any time. If you wish to do so, please contact us at privacy@vtest.com.

15. Residents of Singapore

This portion of our Privacy Policy applies to our Singapore customers only and, applies to the extent of any inconsistency with the information above.
Burlington English takes steps to keep your Personal Information accurate and up to date. If you reside in Singapore, you may request access to, and modification, opposition, and deletion of the Personal Information that we have collected about you. To access your Personal Information, please contact us at privacy@vtest.com. Subject to applicable law, we may charge for this service and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

16. Residents of Australia

This portion of our Privacy Policy applies to our Australian customers only and, applies to the extent of any inconsistency with the information above.

This section explains how we handle Personal Information relating to individuals who are Australian customers, so as to ensure we meet any obligations under the Australian Privacy Act.

In this section, “Personal Information”, is defined in the Australian Privacy Act, and means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, or recorded in a material form or not. Personal Information includes a person’s name, address, contact details, date of birth, gender, sexuality and race.

By electing to acquire our Services, you will be deemed to consent to us using your Personal Information in a manner consistent with this Privacy Policy, including monitoring your use of our System.

Direct Marketing. We will not use or disclose Personal Information for the purposes of direct marketing to you unless:

• you have consented to receive direct marketing materials; or
• you would reasonably expect us to use your personal details for this purpose;
  or
• we believe you may be interested in the material but it is impractical for us to
  obtain your consent.

In every instance, we will ensure that our direct marketing material incorporates an option for you to elect to receive no further such communications.

Please note also that even if you have requested not to receive further direct marketing communications, we may nevertheless continue to provide you with information about changes to our terms and conditions for the supply of goods or services, questionnaires and other factual information. This form of communication is not regarded as “direct marketing” under the Australian Privacy Act.

Overseas Disclosure. Personal Information may be sent outside of Australia to our related bodies corporate, such as in the United States, as permitted by the Australian
Privacy Act. We take reasonable steps to ensure that the overseas recipients of your Personal Information do not breach our privacy obligations relating to your Personal Information. By providing your Personal Information to us, you consent to our disclosure of your Personal Information to these entities.

Access, Correction, and Further Information. We will take such steps as are reasonable to ensure that the Personal Information that we collect remains accurate, up-to-date, and complete.

You may request access to any Personal Information we hold about you at any time by contacting us at privacy@vtest.com. Upon such request, we will endeavor to provide you with access to your Personal Information held by us unless we are permitted under the Australian Privacy Act to refuse to provide you with such access. Please contact us at privacy@vtest.com if you:

• wish to have access to the Personal Information which we hold about you;
• consider that the Personal Information which we hold about you is not
  accurate, complete, or up-to-date; or
• require further information on our Personal Information handling practices.

There is no charge for requesting access to your Personal Information, but we may require you to meet our reasonable costs in actually providing you with access.

If you consider that the information which we hold about you is inaccurate, out-of- date, incomplete, irrelevant, or misleading, we will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information if you so request.

We will respond to all requests for access and/or correction within a reasonable time.

Complaints. If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your Personal Information, you should advise us at privacy@vtest.com.

If you remain unsatisfied with the way in which we have handled a privacy issue, we suggest you approach an independent advisor or contact the Office of the Australian Information Commissioner for guidance on alternative courses of action which may be available.

We will provide our full cooperation in the event that you elect to pursue this course of action.

17. How to contact us?

Our designated representative in the European Union is Mr. Nikolaos Pylarinos, with e-mail address nikos.p@burlingtonvtest.com.
You can contact our representative with any questions you may have about the processing of your information by us or to exercise the above rights at privacy@vtest.com.

18. Version information – Changes and Updates

This policy was last updated on April 2024.

We reserve the right to amend this Policy at any time, for any reason, without notice to you, other than the posting of the amended Privacy Policy at our website. For this reason, please visit our website frequently to see the current Privacy Policy that is in effect.