ASSESSMENT TECHNOLOGIES INSTITUTE, LLC
TERMS AND CONDITIONS
THE TERMS AND CONDITIONS SET OUT BELOW APPLY TO ALL VISITORS AND USERS OF THIS SITE. THIS IS ARE A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND ASSESSMENT TECHNOLOGIES INSTITUTE, LLC ("ATI), AND GOVERN YOUR USE OF THIS SITE AND ANY ATI PRODUCTS AND SERVICES AND RELATED MATERIALS, WHETHER DELIVERED BY SHIPMENT OR ACCESSED ONLINE, INCLUDING, BUT NOT LIMITED TO, ATI CURRICULUM, BOOKS AND EBOOKS, COURSE CONTENT, INSTRUCTIONAL AND TEST PREPARATORY MATERIALS, SURVEYS AND QUESTIONNAIRES, VIDEOS, TUTORIALS, TESTING AND ASSESSMENT MATERIALS, AND RELATED ATI RESOURCES (COLLECTIVELY REFERRED TO HEREIN AS "ATI PRODUCTS") MADE AVAILABLE TO YOU BY ATI, INCLUDING BUT NOT LIMITED TO, THROUGH ATI’S ONLINE HOSTED PLATFORM AND RELATED CUSTOMER SERVICES ("ATI SERVICES") (TOGETHER, “ATI PRODUCTS AND SERVICES”).YOUR USE OF THIS SITE AND/OR ANY ATI PRODUCTS AND SERVICES INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT AND THESE TERMS AND CONDITIONS.
ATI is a U.S.-based business, operating in and from the United States.
YOUR ATI PRODUCTS ACCOUNT
Prior to creating an account with ATI ("Account") for your use of ATI Products and Services, you will be required to provide certain information, establish a user name and password, and may be provided with access codes and product codes by ATI. When establishing your Account, You agree to provide complete and accurate information to ATI and to permit ATI to store and use your registration data for use in maintaining your Account. You agree to notify ATI of any changes in your personal or registration information. You agree to protect your username and password, as well as any access codes and product codes provided by ATI, and not share them with others or permit any unauthorized use of ATI Products or Services. If you have reason to believe that someone is using your account without your permission, you should contact ATI immediately. ATI will not be responsible to you or any third party for any loss or damage resulting from your failure to notify ATI of unauthorized use or from your allowing others to use and/or not adequately protecting your password, access codes or your Account with ATI. By establishing an Account, you certify and represent that any exam, test, assessment, or other interactive tool offered through ATI Products will be completed and utilized only by you and you will not permit any other person to falsely answer exam, test, and assessment questions under your name. You understand and agree that any false, misleading, or fraudulent activity committed by you in connection with your use of ATI Products may result in invalidation of your scores and records stored on ATI Products, immediate suspension or termination of your access to ATI Products, and disciplinary action by your school, employer, or institution (referred to herein as “your Institution”) consistent with their policies. You understand and agree that ATI will report any suspected fraud or testing misconduct to your Institution and/or to law enforcement authorities and will pursue any action reasonably necessary to protect student, employer, and school records and the integrity of the ATI Products. You agree to use ATI Products and Services only as permitted under this Agreement. You agree that, except for data stored on ATI Products which comprises your student record to which you are entitled access under applicable law, you will not disclose any portion of ATI Products to any other person or entity, as ATI Products contains the confidential and proprietary material of ATI and doing so would result in serious financial harm to ATI, for which you may be held personally liable. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use ATI Products and ATI Services.
You understand and agree that ATI Products and ATI Services constitute intellectual property and proprietary material that is owned by ATI or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by ATI and its licensors. Assessment Technologies Institute, LLC and other Assessment Technologies Institute, LLC trademarks, service marks, graphics, and logos used in connection with ATI Products and Services are trademarks or registered trademarks of Assessment Technologies Institute, LLC in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with ATI Products and Services may be the trademarks of their respective owners. ATI and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.
ATI Products are licensed to your Institution with whom your ATI Products use is affiliated, subject to the terms of this Agreement and timely payment of any fees due and payable to ATI. If you have independently paid for the use of ATI Products and ATI Services, the aforementioned license is granted to you. Your permission to use ATI Products is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each ATI Products module you access, including any updates or enhancements thereto. Certain ATI Products may also require your acceptance of other terms specific to, and appearing in, said ATI Products. You are not authorized to assign or transfer this permission to use ATI Products or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, ATI grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the ATI Products or ATI Services (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the ATI Products or ATI Services). You agree to use ATI Products and ATI Services only as permitted under this Agreement. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use ATI Products and Services. If ATI reasonably suspects that you have violated this Agreement, or if fees due and payable to ATI by you or your Institution have not been paid then, without notice to you, ATI may terminate this Agreement, the license, and your account and deny you further access to ATI Products and Services. Upon termination of your Institution’s ATI Products license, or your individual license if you have directly paid ATI, you shall cease all use of ATI Products and Services and remain liable for paying all amounts that may be due and payable by you to ATI, if any. ATI reserves the right to modify, suspend, remove, or disable access to ATI Products or ATI Services at any time without notice and in no event will ATI be liable for making any such changes.
USE OF DATA
Before establishing an Account with ATI Products, you are required to agree to the following terms around use of certain data, as described below:
Types of Data
Your Contact Data: You understand and agree that ATI will collect and may use personally identifiable information including, but not limited to, the following: name, address, phone number, fax number, email address, employer, title, user ID and password, and IP address. We use this information to provide the highest quality of service to you and your Institution, and so that we can verify your identity, contact you, provide materials to you upon your request, register you, send relevant messages via e-mail, phone or post, or for any other purpose identified in this policy or when personal information is collected. ATI may contact you via email, text or phone in order to notify you of important timely information or upcoming deadlines. ATI or a third party engaged by ATI also may contact you via surveys, sweepstakes offers or other data collection techniques to conduct research about your opinion of current ATI Products and Services, of potential new services that may be offered or topics of interest in your field. We may ask you to provide demographic information at your option; such information is generally used in aggregate form for various analyses conducted by ATI regarding our Products and Services.
Your Learning Data: You understand and agree that, in the course of your use of ATI Products and Services, you (and your Institution, if your use of ATI Products is affiliated with a school, employer or institution) will submit personal and identifiable data regarding you and the ATI Products and Services will generate data about your individual use of ATI Products and Services, which may include, but not be limited to, your academic performance and student record, test results, your individual grades and scores, accomplishment dates (such as graduation), instructor feedback and comment, your personal learning behaviors including behaviors around use of ATI Products, licensure, and various metrics related to your learning of particular subject matters made available through ATI Products and Services ("Your Learning Data"). If your Institution is using the remote proctoring services of ATI or a remote proctoring services vendor, Your Learning Data may also include the type of information and recordings described in the Remote Proctoring section set out below. You understand and agree that ATI, through ATI Products and Services, will collect, maintain, process, have access to, and use Your Learning Data (identifiable data about you, as defined above) to (i)confirm your identity to ensure only authorized users are accessing ATI Products and for purposes of ATI Products security,
(ii) analyze and provide certain information about your learning, engagement with and use of ATI Product and Services, and academic performance to you, your Institution with whom your ATI Products use is affiliated and your instructor(s) from said Institution, as well as adaptive and personalized learning,
(iii) analyze, separately or with data that ATI receives from third parties, for purposes of ATI’s internal data analysis and research and for developing and enhancing ATI Products and Services,
(iv) ensure test security during the administration of an ATI assessment,
(v) provide technical support to you and your Institution on ATI Products, and
(v) generate reports and analytics for use by you, your Institution and your instructor(s) regarding your learning and academic performance and/or the learning and academic performance of an entire class or classes at your school or institution.
You understand and agree that, unless your Institution and ATI have agreed otherwise, ATI, through ATI Products, reserves the right to remove Your Learning Data from ATI Products records six months after you graduate from or otherwise end your matriculation with the school or institution affiliated with your ATI Products use, provided that ATI reserves the right to continued use of all General ATI Products Data and Aggregate Data, as defined below, without specific, identifiable reference to you or Your Learning Data.
General Usage Data: You also understand and agree that, through ATI Products and Services and the use of other third party software, ATI may collect diagnostic, technical, and general ATI Products and Services usage information, such as cookies, content viewed, IP address, device use, site volume and load, that is gathered to (i) facilitate ATI’s Product support and software development, and improve ATI Products and Services, (ii) verify compliance with license terms, (iii) monitor, record and report information about ATI Products user activity and engagement with the ATI Products, Services sites, modules and social media pages, (iv) collect information around device use, ATI Products site volume and load, and user results in connection with certain ATI Products features or material ("General Usage Data").
Aggregate Analytic Data: Your Learning Data and General Usage Data may also be used in the aggregate, anonymous, and de-identified by ATI for analysis related to benchmarking, research and analytics, employment matters, graduate level programs and continuing education, ATI’s Product development and improvement, general metrics about your school’s or institution’s performance as compared to other schools and institutions and other ATI customers, as well as for anonymized metrics and analysis relative to students’ school and licensure exam performance. ("Aggregate Analytic Data").
Information You Provide or Post: Except for information which ATI expressly agrees in a separate contract with you to treat as proprietary and confidential, any communication, material or information that you transmit or post to any ATI website, social media page or product (“ATI Property”) will be deemed non-confidential. By posting any information or material on an ATI Property, you represent that you own all proprietary rights over such information or material and grant ATI a perpetual, royalty-free license to use, display, reproduce, distribute, modify, and make publicly available such material or information for any commercial or non-commercial use. You represent that you will not post anything on a ATI Property that is libelous, defamatory, unlawful, threatening, obscene, or pornographic. ATI reserves the right, at its sole discretion, to edit or remove, without notice, any unlawful or offensive information posted on NHA Properties. NOTWITHSTANDING THE FOREGOING, ATI EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL OR INFORMATION COMMUNICATED OR POSTED BY YOU OR OTHER THIRD PARTIES ON ANY ATI PROPERTY. ATI welcomes your suggestions and input on how we might improve the ATI Properties, services and products. By providing any such suggestions, ideas, know-how, and input to ATI, you agree that ATI, including its parent and affiliated companies, has a royalty free, perpetual, worldwide, irrevocable right to use, publish, create, display, market, distribute, copy, and sell the same, in any form, medium, or technology, whether now known or developed in the future.
Sharing of Your Data.
ATI will not sell, rent, trade or lease your personally identifiable information (“Your Personal Information”) to others unless we have requested to do so and have received your permission. (Aggregated information, by definition, is not identifiable and thus is not included in the definition of Your Personal Information.) Notwithstanding the foregoing, ATI reserves the right, and you hereby grant ATI the right, to disclose Your Personal Information to others under the following circumstances: (i) we may share Your Personal Information with any ATI affiliate (or business partner or agent acting on our behalf) worldwide as necessary to provide you with the ATI Products and Services, and such affiliates, business partners, and agents will be under the same obligations as is ATI to protect the confidentiality of your information and protect your privacy; (ii) if your use of ATI Products and Services is affiliated with your Institution, we may share your information with your Institution, its instructors and staff, and other parties associated with or required by your Institution; (iii) we may share your information with your Institution to ensure test security in connection with the administration of any ATI assessment, including any recordings or other data collected by ATI or our remote proctoring vendors if your Institution elects the use of remote proctoring services; (iv) we may be required to share Your Personal Information by law with regulatory, industry self-regulatory organizations or other government agencies, or under a court order; (v) we may transfer your data in connection with an organizational change, such as a merger or acquisition by another company or the sale of ATI’s assets; or (vi) if ATI, in its sole discretion, determines disclosure is necessary to protect the rights, property, or security of ATI, the ATI Products and Services, ATI Property, or other users’ rights or the personal safety of individuals, then we also may share Your Personal Information. If you have opted in to receive communications from ATI or its affiliates and partners regarding surveys, sweepstakes, discounts and other offers, market research, relevant product updates and post-graduate information, such as continuing education, practice updates and opportunities, we may share you contact information with vendors who support ATI in these efforts.
If you are located outside of the United States, you consent to the transmission and transfer of your personal information into the United States, to be processed, stored and maintained on or through ATI servers located in the United States.
By clicking the "I Agree" button below, as part of agreeing to the terms and conditions in this Agreement, you are also providing your express consent to ATI’s and its affiliates’ collection, use, maintenance, reporting, transmission, and processing of Your Contact Data, Your Learning Data, General Usage Data, and Aggregate Analytic Data, as described herein.
If your Institution has elected to use remote proctoring services during the administration of any ATI assessment, by continuing with the assessment, you agree to allow ATI and remote proctor providers to monitor you by webcam, microphone, browser, desktop, or any other means necessary to uphold ATI’s test integrity. This may include recording of video, images, audio, and/or screen activity, and a scan of your surroundings and computer display. This monitoring will be conducted by machine and/or by a live person. You authorize ATI and your Institution to share with each other recordings of your test session. The information from the test session, including without limitation recordings, images, audio and other information and data will be available to and viewable by authorized personnel of ATI, your Institution, and their respective remote proctor providers.
You agree to have your identity verified by ATI or its remote proctoring vendors using the methodology that is most currently employed by them. ATI and its providers will never sell your identifiable information and will only use it for ATI test security purposes. You give ATI a worldwide, royalty-free right to use, transmit, display and disclose your information and recordings as described herein. You understand that through your use of ATI assessment being remotely proctored, you consent to the collection and forwarding (as set forth herein) of this information, including the transfer of this information to your Institution. In providing the remote proctoring services, we may need to provide you with certain communications, such as technical support messages. These communications are considered part of ATI’s remote proctoring services, which you may not be able to opt-out from receiving. You are prohibited from photographing, or recording, by video or sound, any part of remote proctoring services for any purpose.
You understand and agree that, if you behave in an unacceptable or offensive manner during remote proctoring of any test administration, ATI and its remote proctoring vendors reserve the right to immediately stop the test and report your behavior to your Institution. Unacceptable behavior includes, but is not limited to, behavior that amounts to cheating or is offensive, vulgar, criminal, obscene or otherwise unprofessional or inappropriate. ATI reserves the right to disqualify any ATI assessment for any of the foregoing, or if ATI identifies any suspicious behavior, cheating, or test misconduct during the test administration.
We recognize the importance of protecting the privacy and safety of children. Our Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Services and do not send any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.
COMPLIANCE WITH LAWS; EXPORT
You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of ATI Products and ATI Services. You will not use ATI Products and ATI Services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export all or any portion of ATI Products except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. ATI Products may not be exported into any U.S. embargoed countries or provided to anyone on the U.S. Government’s list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.
ATI Products and ATI Services were developed using private funds and are "Commercial Items" as defined in 48 CFR §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with 48 CFR §12.212 or 48 CFR §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.
USE OF LINKS
ATI may include material from third parties or include links to third party websites in ATI Products. Such material is provided as a convenience to you and ATI assumes no liability or responsibility for such third party materials or websites.
DISCLAIMER OF WARRANTIES
ATI PRODUCTS AND ATI SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. ATI AND ITS SUPPLIERS, LICENSORS AND PARTNERS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO ATI PRODUCTS AND ATI SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY EMPLOYEE OR REPRESENTATIVE OF ATI OR OF ITS SUPPLIERS, LICENSORS AND PARTNERS SHALL CREATE A WARRANTY OR MODIFY THIS SECTION. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILITY TO USE, ATI PRODUCTS AND ATI SERVICES IS AT YOUR SOLE RISK. ATI AND ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN ATI PRODUCTS. ATI AND ITS SUPPLIERS, LICENSORS AND PARTNERS TAKE PRECAUTIONS TO PROTECT ATI PRODUCTS AND ATI SERVICES, BUT MAKE NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. ATI AND ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF ATI PRODUCTS OR ATI SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
ATI Products are designed to provide accurate and authoritative information and recommendations in regard to the subject matter covered and ATI uses reasonable efforts to provide accurate information. Notwithstanding the foregoing, ATI AND ITS SUPPLIERS, LICENSORS AND PARTNERS MAKE NO WARRANTY OR GUARANTY AS TO, AND ASSUMES NO RESPONSIBILITY FOR, THE CORRECTNESS, SUFFICIENCY, OR COMPLETENESS OF INFORMATION OR RECOMMENDATIONS MADE IN ATI PRODUCTS, OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF ATI PRODUCTS. ATI Products may provide information, guidance, and recommendations related to a variety of subject matters, including but not limited to, medical treatment, emergency care, drugs, medical devices, and side effects; however, research, clinical practice, and government regulations often change the accepted standards and it is solely your responsibility, and not the responsibility of ATI, to determine appropriate medical treatment, the use of any drug in the clinical setting, and for determining FDA status of a drug, reading the package insert, and reviewing prescribing information for the most up-to-date recommendations on dose, precautions, and contraindications, and determining the appropriate usage for a product. This is especially important in the case of drugs that are new or seldom used. ATI Products were developed based on generally accepted education and nursing principles and standards in the United States, and have not been customized or otherwise specifically designed for use in any other country. Any procedures and protocols noted in ATI Products are based on current recommendations of responsible sources; however, you understand that other or additional measures may be required under particular circumstances. ATI Products are intended solely as a guide and for educational purposes and is not intended to be used for actual medical treatment or as a statement of the standards of care required in any particular situation, because circumstances and patients' physical conditions can vary widely from one set of circumstances to another. Nor is it intended that ATI Products shall in any way advise personnel concerning legal authority to perform the activities or procedures discussed. You should make such determination only with the aid of legal counsel. Certain ATI Products content and material may include facts, views, opinions and recommendations of persons other than ATI, which are deemed by ATI to be of educational interest to ATI Products users. ATI and its licensors, suppliers, and partners make no guarantee or warranty regarding the accuracy, completeness, or timeliness of such content or material, nor do they make any endorsement in connection with use of such third party content or material. Similarly, statements and opinions in ATI Products are provided as guidelines only and should not be construed as official policy and ATI AND ITS LICENSORS, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN IN RELIANCE ON THESE STATEMENTS OR OPINIONS. ATI Products are provided to you with the understanding that ATI is not rendering to you any legal, accounting, or other professional service or advice. If legal advice or other expert assistance is required, the service of a competent professional should be sought.
LIMITATION OF LIABILITY
IN NO EVENT WILL ASSESSMENT TECHNOLOGIES INSTITUTE, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE ATI PRODUCTS AND ATI SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, THE LIABILITY OF ATI AND EACH OF THE AFORMENTIONED PERSONS AND ENTITITES SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. In no event shall ATI’s and its suppliers’, partners’, and licensors’ total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
By accepting this Agreement and using ATI Products and ATI Services, you agree that you will indemnify and hold ATI, its directors, officers, employees, affiliates, agents, contractors, principals, suppliers, partners, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of ATI Products and ATI Services, or any action taken by ATI to protect its intellectual property, including, but not limited to, suspension or termination of your access to ATI Products and ATI Services.
ATI reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately when posted on this site and will govern your continued use of ATI Products and ATI Services, provided however, ATI will not alter any consent previously provided by you regarding use of your personal information or data unless you expressly provide updated consent.
This Agreement is governed by the laws of the State of Kansas, U.S.A., without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the State of Kansas, U.S.A. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No ATI employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement, unless such modification is in a written agreement signed by an authorized representative of each party.
If you are in Canada, ATI and you confirm that it is their wish that this document and all other related documents be drawn up in English. (Translation in French: ATI et vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s’y rattachent.)
This Agreement is the entire and exclusive agreement between ATI and you regarding your use of ATI Products and ATI Services and replaces any prior agreements between you and ATI regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. ATI’s failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. ATI is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of ATI’s control.
ATI reserves the right to take steps ATI believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that ATI has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as ATI believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ATI's right to cooperate with any legal process relating to your use of ATI Products and/or ATI Services, and/or a third-party claim that your use of ATI Products and/or ATI Services is unlawful and/or infringes such third party's rights).
Commitment to Privacy
Our privacy practices may vary among the states, countries and regions in which we operate in order to comply with applicable legal requirements. We are committed to compliance with the EU-U.S. and SWISS-U.S. Privacy Shield.
ATI is dedicated to protecting the privacy of all personal information collected through this website and our Services. We may collect information from you (directly or through third party vendors we retain) or from a third party who is authorized by you or otherwise permitted by applicable law to share information with us (for example, your school or employer) in situations such as the following:
- Website visit. When you provide information during a login process, when you access certain portions of our website, when you ask us to provide more information, when you make a purchase online or in connection with any online employment applications.
- Registration. When you create an account on our Services, make a purchase, register or log in to access or use functions or features.
- Communications. When you communicate with us.
- Learning and Assessment Activities. When you use our Services, information about your grades and scores, instructor feedback and comments, your personal learning behaviors, and various metrics related to your learning of particular subject matters is recorded.
- Test Administration. If your Institution has engaged remote proctoring services, when you are taking an ATI assessment, recordings of your testing behavior, computer screen and testing environment are captured and monitored electronically and/or by a live proctor.
- Simulation Activities. Your responses and other information obtained through your use of our simulation Services are collected.
- Surveys and Research. If you participate in our research studies about our products or the industries and professions we support or our market research surveys or programs.
- Forums. If you participate in our forums, blogs, intranets, chat rooms, “wikis” or other similar features.
- Subscriptions. If you subscribe to one of our newsletters or request text alerts.
- Social Media. If you use or interact with our Services on social media and networking pages and applications, such as Facebook, Instagram, LinkedIn and others.
We also may collect information about you from other sources. We work closely with third parties (for example, business partners, service providers, sub-contractors, educational institutions, analytics providers, search information providers, fraud protection services) and may receive information about you from them. We may also collect and process information about you that your Institution or an organization (such as a professional, governmental, oversight or other organization) with which you are, or previously were, affiliated provides to us. We may also collect and process information about you that we receive from other sources including organizations that are our customers (which might be your Institution, for example), organizations that provide our products or services by way of a co-branded or private-labeled platform, product, service, website or application, and organizations that sponsor surveys or programs in connection with our Services. If you use our Services through a third party, please contact that third party first if you have any questions about the data they collect from you and share with us. If they do not address your concerns, please contact us.
To the extent permitted by applicable law, we may collect data in an automated manner and make automated decisions, including using machine learning algorithms, about users of our Services in order to provide or optimize the Services offered and/or delivered, for security or analytics purposes, and for any other lawful purpose. Our Services may collect certain information by automated means when you access or use our Services. This information may include, but is not limited to, usage details, Internet Protocol ("IP") address, browser type, browser language, devices you use, access times, the sites linked from, pages visited, applications downloaded or accessed, links and features used, content viewed or requested, information collected through cookies and other such information. We generally collect this information to improve our Services for our users, to learn about our users’ interests and enhance the Services we provide, for security and analytics purposes, and for other lawful purposes. To learn more, please see our “Cookies and Similar Technologies” section below.
Educational Records (FERPA) and Medical Records (HIPAA).In providing our Services, we are not directly covered by the U.S. Federal Educational Rights and Privacy Act (“FERPA”) or the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). However, to the extent we are required to do so by contract with an organization who provides your personal information to us or with whom we share your information, and to the extent that such personal information provided to us is subject to FERPA or an equivalent law or regulation for your state or country of residence, or HIPAA or an equivalent law or regulation for your state or country of residence, we will comply with such applicable law as required by such contract.
How We May Use Your Information.
We use your information to provide you, either directly or through a third party, with our Services. We also may use your information to support our business functions, such as fraud prevention, marketing, analytics and legal functions.
We may use your information:
- To fulfill your requests for Services and communicate with you about those requests.
- To set up your account and verify your identity when you register for our Services.
- To process your payments - but we do not retain your credit card data after a payment has been processed.
- To monitor, record, analyze and report on your activity, interactions and engagement with our Services.
- To monitor and ensure test security in the administration of of ATI assessments.
- To track and analyze and report on your progress, success, performance, registrations, incomplete attempts, and results. If your use of our Services is in connection with a school, employer, institution or other organization (“your Institution”), we may share your data with your Institution, its instructors and staff, and other parties associated with or required by your Institution.
- To perform research and analysis for our Services and to further develop and improve our Services or to perform research concerning the industries and professions we serve.
- To perform benchmarking analytics and general metrics about your performance or, after anonymizing, de-identifying or aggregating the data, your Institution’s performance as compared to other schools and institutions and other ATI customers.
- To analyze technical data such as cookies, content viewed, IP address, device use, site volume and load.
- To verify compliance with license terms.
- To support and personalize our Services, websites, mobile services and, if you have opted-in to receive marketing materials, our advertising.
- To inform you of new products, services or, if you have opted-in to receive marketing materials, promotions we may offer.
- For research, analysis, benchmarking or surveys.
- To engage you in our social media platforms.
- To protect the security and integrity of our Services, content, and our business.
- To respond to reviews, comments, or other feedback you provide us.
- To comply with applicable legal or regulatory requirements and our policies, protect against criminal activity, claims and other liabilities.
- For any other lawful purpose for which the information is provided.
We also may use, process, transfer, and store any data about you in an anonymous, aggregated manner. We may combine personal information with other information, collected online and offline, including information from third party sources.
We may also use information in other ways with your consent or as permitted by applicable law.
- Affiliates, Agents and Partners. We may share information with our parent corporation and affiliates (or any business partner or agent acting on our behalf) worldwide as necessary to provide you with the Services. Each such parent corporation, affiliate, business partner, and agent will be under the same obligations as is ATI to protect the confidentiality of your information and protect your privacy.
- Analytics and Reporting. We may share your information to (i) analyze and provide certain information about your learning and academic performance to you, your Institution, including other parties associated with and required by your Institution, and your instructor(s) or supervisor(s) from your Institution; (ii) generate reports and analytics for use by you, your Institution, other parties associated with and required by your Institution, and your instructor(s) regarding the learning and academic performance of an entire class or cohort at your Institution and (iii) generate reports and analytics to be used by researchers or third parties in the industries or fields that we support to better understand changes and trends in such industries or fields.
- Service providers. We may share information with agents, contractors, service providers, vendors, business partners, and other third parties we use to support our business and Services. We may share information to provide technical support to you and your Institution, its instructor(s) or staff. Some examples of third parties we work with are shippers, payment servicers, information processors, financial institutions, data centers, educational institutions you attend, other organizations you are affiliated with, or their support service providers. Such third-party providers may perform technical operations such as database monitoring, data storage and hosting services and customer support software tools. Such third parties may access, process or store personal data in the course of providing these services.
- Your Institution and other Organizations. We may share information about your use of our Services with your Institution and its faculty or staff, and other parties associated with or required by your Institution. We also may share information with governmental agencies, oversight organizations, professional organizations, accreditation organizations, and industry self-regulatory organizations.
- Fraud Prevention. We may share your information to confirm your identity to ensure only authorized users are accessing our Services and for general security.
- Advertising and Marketing. If you have opted-in to receive marketing information from ATI, to the extent permitted by applicable law, we may share information with third parties for marketing, advertising, promotions, contests, or other similar purposes. If required by applicable law, we will share such data for advertising and marketing purposes only in an aggregate, anonymous, and de-identified manner.
- Mergers, Acquisitions, Divestitures. We may share, disclose or transfer information about you to a buyer, investor, new affiliate, or other successor in the event ATI, its parent company or affiliates, or any portion, group or business unit thereof, undergoes a business transition, such as a merger, acquisition, consolidation, reorganization, divestiture, liquidation or dissolution (including bankruptcy), or a sale or other transfer of all or a portion of any assets or during steps in contemplation of such activities (e.g., negotiations and due diligence).
- Law Enforcement and National Security. We may share information to comply with any law or directive, judicial or administrative order, legal process or investigation, warrant, subpoena, government request, regulatory request, law enforcement or national security investigation, or as otherwise required or authorized by law.
- Protection of Rights, Property or Safety: We may also share information if, in our sole discretion, we believe disclosure is necessary or appropriate to protect the rights, property or safety of any person, or if we suspect fraud, illegal activity, abuse or testing misconduct has taken place.
We also may share information to fulfill any other purpose for which you have provided information to us; for any other purpose disclosed by us or the third party with whom you are interacting when you provide the information; to enforce our rights arising from any contracts; for billing and collection; or as otherwise permitted under applicable law.
If information is transmitted to us using a means that is outside our systems, or if you transmit information to a third party, we cannot guarantee the security of information during transmission. Any such unsecured transmission is at your own risk. We recommend that you use appropriate security measures to protect your information.
Correction of Your Personal Information
Accuracy is a top priority for us. You can ensure that any contact data is up-to-date and can correct, update or delete inaccuracies to the information by either logging into your account to review and maintain your information or by contacting customer service. In certain situations, you may need assistance from customer service in making a change. For example, if you realized that your name was misspelled, we may need to take certain steps to verify your identity before making the change, ensure that your name change is linked to all of your records and, in some states or countries, that the oversight agency receives the correction. We will respond to your request to make changes to your records as soon as reasonably possible.
We will attempt to answer all requests that we correct the data if it is inaccurate or delete it as long as we are not required to retain it by law or for legitimate business purposes.
In addition, to protect your privacy, we may require you to prove your identity before granting access to, or agreeing to update, correct or delete your personal information.
Not all information about you can be changed. For example, we may have records about how much time you spent working in a training module. Although this information is linked to you, it may not be changed and, in certain instances, it may be subject to government or regulatory oversight. Similarly, learning data and assessment scores kept in ATI systems may not be changed by you, although you should contact us if you believe such data is not accurate.
Cookies and other Tracking Devices
We may use the following types of cookies and similar technologies:
- Strictly necessary cookies required for the operation of our Services. They include, for example, cookies that enable you to log into secure areas.
- Analytical/performance cookies that collect information about how you use our Services. They allow us to recognize and count the number of visitors and to see how visitors move around our website. This helps us to improve the way our website works. These cookies are sometimes placed by third party providers of web traffic analysis services.
- Functionality cookies that remember choices you make and recognize you when you return. This enables us to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies that collect information about your browsing habits such as the pages you have visited and the links you have followed. We use this information to make our website more relevant to your interests, and, if we enable advertising, to make advertising more relevant to you, as well as to limit the number of times you see an ad. These cookies are usually placed by third-party advertising networks. They remember the other websites that you visit and this information is shared with third-party organizations, for example advertisers.
Most internet browsers accept cookies by default. You can block cookies by activating the setting on your browser that allows you to reject all or some cookies. The help and support area on your internet browser should have instructions on how to block or delete cookies. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you to when a cookie is placed on your computer, tablet or mobile device. Although you are not required to accept cookies, if you block or reject them, you may not have access to all of the features available through our Services, such as tests, trainings or other activities.
For more information, visit the help page for your web browser or see http://www.allaboutcookies.org or visit www.youronlinechoices.com which has further information about behavioral advertising and online privacy.
We may use third party analytics such as Google Analytics or similar analytics services. For information on how Google processes and collects your information regarding Google Analytics and how you can opt-out, please see https://tools.google.com/dlpage/gaoptout.
Cross Device Tracking. When you use your mobile device to interact with us or our Services, we may receive information about your mobile device, including a unique identifier for your device. We and our service providers and third parties we collaborate with, including ad networks, may use cross-device/cross-context tracking. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in your having multiple accounts or profiles across these various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices.
Our Sites or Services may contain links or other connections to other third-party websites, platforms, products, services or applications that are independent of our Services. The information collection practices and privacy policies of these third parties may differ from ours. ATI provides links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by ATI of any site or any information contained therein.
To the extent permitted by applicable law, we may retain your information for as long as your account is active, for at least twenty-four (24) months thereafter, or as long as is reasonably necessary to provide you with our Services or as needed for other lawful purposes. We may retain cached or archived copies of your information. We may be required to retain some of your data for a longer period of time because of various laws and regulations or because of contractual obligations. We also will retain your information as long as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements
Telephone Consumer Protection Act Notice
We may use your information to make business, informational and collections calls relating to our Services to all telephone numbers, including cellular numbers or mobile devices, you choose to provide on your account or in registering for any of our Services. You agree such calls may be pre-recorded messages or placed with an automatic telephone dialing system. In addition, you agree that we may send service or account related text messages to cellular phone numbers you provide to us, and you agree to accept and pay all carrier message and data rates that apply to such text messages. If you choose to provide an email or other electronic address on your account, you acknowledge and consent to receive business and informational messages relating to our Services at such address, including collections messages, and you represent and warrant that such address is your private address and is not accessible or viewable by any other person.
Additional Notices to California Residents
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use may be entitled to request and obtain from us, once per calendar year, information about customer information we have shared, if any, with other businesses for such other businesses’ own direct marketing uses. If applicable, this information would include the categories of resident information and the names and addresses of those businesses with which we shared such resident information for the immediately prior calendar year. To obtain this information, please email us at [email protected] with “Request for California Privacy Information” in the subject line of your message, or mail your request to us at the address set forth below:
ATTN: Legal Department - California Privacy Request
Ascend Learning, LLC
5 Wall Street, Burlington, MA 01803, USA
Please include sufficient personal identification information so that we can process your request, including name, mailing address, and email address if you want to receive a response by email.
If you are a California resident under age 18 and are a registered user of any of our Services, then you may request that we remove any content or information that you posted on our websites, online services, online applications, or mobile applications ("User Content"). To request removal of your User Content, please send a detailed description of the specific User Content you want us to remove to the email or regular mail address set forth above. We reserve the right to request that you provide information that will enable us to confirm that the User Content that you want removed was posted by you.
We will make a good faith effort to delete or remove your User Content from public view as soon as reasonably practicable. Please note, however, that your request that we delete your User Content does not ensure complete or comprehensive removal of your User Content. Your User Content may remain on backup media, cached or otherwise retained by us for administrative or legal purposes or your User Content may remain publicly available if you or someone else has forwarded or re-posted your User Content on another website, online service, online application or mobile application prior to its deletion. We may also be required by law to not remove (or allow removal) of your User Content.
Class Action Waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Employees and Contractors; Job Applicants
Job Applicants: In connection with a job application or inquiry, you may provide us with data about yourself, including your educational background or résumé and other information, including your ethnicity where required or permitted by law. We may share this information with our parent corporations and their affiliates for the purpose of employment consideration. We may keep the information for future consideration unless you direct us not to do so.
All feedback will be evaluated and a reply will be sent as soon as appropriate. In some instances, we may cease providing Services to you if, in our sole discretion, we deem it necessary to satisfy your request or if required under applicable law.
For European Visitors and Customers:
EU-U.S. and SWISS-U.S. Privacy Shield Additional Notice
We participate in the EU-U.S. and Swiss-U.S. Privacy Shield with respect to the personal data of users of our Services who are residents of the European Union (“EU”), European Economic Area (“EEA”) and Switzerland. We certify that we adhere to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement (hereinafter, “Privacy Shield Principles”) for personal data of users of our Services in participating European countries. You can find our listing of the Privacy Shield certification here. We may also process personal data submitted relating to individuals in Europe via other compliance mechanisms, including use of the European Union Standard Contractual Clauses.
Processing of Personal Data, Purposes and Legal Basis
“Personal Data” means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of such natural person.
“Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Sensitive Data” means data indicating racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sex life, or sexual orientation, or for any genetic data or biometric data.
Please note that, in certain circumstances, you may be required to provide the requested Personal Data by contract or law, and your failure to provide such Personal Data may mean we are unable to provide you with our Services.
Our legal bases for the Processing of Personal Data are: 1) consent and/or 2) any other applicable legal bases, such as our legitimate interest in engaging in commerce, offering products and services of value to users of our Services, preventing fraud, ensuring information and network security, direct marketing, processing Personal Data for internal administrative purposes, and complying with industry practices.
Your Additional Rights as a European Resident
As a resident of the European Union or a country that follows similar regulations for the protection of Personal Data, you may have the following additional rights:
Consent: We may be required to obtain your consent for certain Processing of your Personal Data, such as Processing of Sensitive Data.
Access: You may request a copy of the Personal Data we have collected from and about you by contacting us. Please be advised that our personnel may have a limited ability to identify and access an individual user’s Personal Data if such information was submitted to us by their school, employer or another organization with whom they are affiliated. Thus, if you wish to request access, to limit use, or to limit disclosure of your Personal Data, we may first refer your request to the school, employer or other organization that submitted your Personal Data to us, and we will support them as appropriate in responding to your request.
Rectification & Erasure: You may request that we rectify or delete any of your Personal Data that is incomplete, incorrect, unnecessary or outdated.
Objection: You may object, at any time, to your Personal Data being Processed for direct marketing purposes.
Restriction of Processing: You may request restriction of Processing of your Personal Data for certain reasons, such as, for example, if you consider your Personal Data collected by us to be inaccurate or you have objected to the Processing and the existence of legitimate grounds for Processing is still under consideration.
Data Portability: You may request and receive the Personal Data we have collected on you in a commonly used and machine-readable form.
Right to Withdraw Consent: Where your Personal Data is Processed solely based on your consent and not for any other legitimate interest, you have the right to withdraw your consent at any time, without affecting the lawfulness of our Processing based on such consent before it was withdrawn, including Processing related to existing contracts for our products and services.
Swiss users whose Personal Data is within the scope of the Privacy Shield certification may also have rights to access certain Personal Data we hold about them and to obtain its correction, amendment or deletion.
To exercise any of the rights listed above, please contact us as set forth below. We will process any requests in accordance with applicable law and within a reasonable period of time. We may require that you establish your identity and provide a clear and precise description of your request. Please note that in some cases, especially if you wish us to delete or cease the Processing of your Personal Data, we may no longer be able to continue to provide our Services to you.
Third Parties with Whom We May Share Data
We may use third-party providers to assist us in providing the Services to our users. Such third-party providers may perform technical operations such as database monitoring, data storage and hosting services and customer support software tools and remote proctoring. Such third parties may access, process or store Personal Data in the course of providing these services.
To the extent permitted under applicable law, we may share information about your enrollment and participation in our Services, including your Personal Data, with your employer, governmental agencies, oversight organizations, professional organizations, accreditation organizations, educational institutions, and industry self-regulatory organizations.
We may also share information, including your Personal Data, with third parties for marketing, advertising, promotions, contests, or other similar purposes, with your consent or to the extent permitted under applicable law.
If we receive Personal Data that is subject to our certification under the Privacy Shield and then transfer it to a third-party, we may have certain liability under the Privacy Shield if (i) the third-party Processes the Personal Data in a manner inconsistent with the Privacy Shield and (ii) we are responsible for the event giving rise to the damage, or to the extent we are otherwise liable under applicable law or the Privacy Shield Principles.
International Data Transfers
Our Services may be provided using resources and servers located in various countries around the world, including the United States and other countries. Therefore, your Personal Data may be transferred and Processed outside the country where you use our Services, including to countries outside the EU, EEA or Switzerland, where the level of data protection may not be deemed adequate by the European Commission. To the extent permitted by applicable law, your use of our Services is your consent to the transfer of your information outside of your country or geographic region, including transfer to the United States, and to processing of your information in the United States by us or by a third party acting on our behalf.
If you wish to know more about international transfers of your Personal Data, please contact us.
Questions or Complaints – Europe
If you are a resident of a European country participating in the Privacy Shield, you may direct any questions or complaints concerning our Privacy Shield compliance to our Privacy Shield and Data Protection Contact. We will work with you to resolve your issue.
If you consider our Processing of your Personal Data to be inconsistent with the applicable data protection laws, you may lodge a complaint with your local supervisory Data Protection Authority responsible for data protection matters.
Dispute Resolution and Arbitration
If you are a resident of a European country participating in the Privacy Shield and you have not received a timely response to your concern, or we have not addressed your concern to your satisfaction, you may seek further assistance, at no cost to you, from JAMS, which is an independent dispute resolution body in the United States. For information about JAMS, please see https://www.jamsadr.com/eu-us-privacy-shield.
We also will cooperate with competent EU data protection authorities (DPAs) with regard to human resources data transferred from a European country participating in the Privacy Shield in the context of the employment relationship.
You may also be able to invoke binding arbitration for unresolved complaints but prior to initiating such arbitration, a resident of a European country participating in the Privacy Shield must first: (1) contact us and afford us the opportunity to resolve the issue; (2) seek assistance from JAMS; and (3) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. If such a resident invokes binding arbitration, each party shall be responsible for its own attorney’s fees. Pursuant to the Privacy Shield, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles with respect to the resident.
US Federal Trade Commission Enforcement
Our Privacy Shield compliance is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC). For information about Privacy Shield, please see
Privacy Shield and Data Protection Contact
Your Privacy Shield and Data Protection Contact for the personal information you provide in connection with our Services is:
ATTN: Legal Department – ATI European Privacy Contact
Ascend Learning, LLC
5 Wall Street, Burlington, MA 01803, USA
Please provide your identification information, a detailed description of the nature of your request, the name of or Services you use, and your country of residence.
Last updated March 30, 2020