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Remote Proctoring

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APEA REMOTE PROCTORING SERVICES TERMS

These APEA Remote Proctoring Services Terms (these "Terms") govern remote proctoring services provided by Advanced Practice Education Associates, LLC ("APEA") to APEA clients ("You" or "Your"). If You are an institution, APEA Remote Proctoring Services are offered as a supplement to Your proctoring obligations relative to administration of APEA's confidential and proprietary assessments ("APEA Assessment(s)"). APEA's Remote Proctoring Services consist of the automated and/or live proctoring of the administration of APEA Assessments, including ID verification of student examinees ("Student(s)"), secure browser settings, computer lockdown, test security features, administrative dashboard, gradebook, and exam data reporting, as well as all websites, documentation, software, recording technologies, applications, and other technologies and materials utilized by APEA and/or its service provider(s) to deliver said services (collectively, "APEA Remote Proctoring Services" or "Services"). These Terms also apply to any vendor used by APEA in APEA's delivery of APEA Remote Proctoring Services. Please carefully review these Terms.

GENERAL

You, or Your institution or organization, have requested that APEA perform Remote Proctoring Services in connection with Your or Your institution or organization's use of APEA Assessments provided under separate agreement between You and APEA. You understand and agree that APEA will use the services of subcontractors in the delivery of APEA's Remote Proctoring Services and APEA will hold each responsible for compliance with these Terms. Nothing in these Terms shall be construed as permitting You to utilize the remote proctoring services of any third party with any APEA Assessment; these Terms solely apply to the Services of APEA. Your use of APEA Remote Proctoring Services is governed by the terms of Your separate agreement with APEA under which you procured used of APEA Assessments, as supplemented by these Terms. If you are a student individually purchasing use of an APEA Assessment and related APEA Remote Proctoring Services, Your use of such Services is subject to the APEA terms and conditions that you previously accepted.

FEES

You are responsible for timely payment of fees to APEA for APEA's Remote Proctoring Services, if applicable, as separately agreed and set forth in the applicable agreement between You and APEA.

SUPPORTED DEVICES

You, and your Students if You are an institution, must use Supported Devices to be able to use the APEA Remote Proctoring Services. "Supported Devices" are the range of hardware and software used on devices that are supported to access and use the APEA Remote Proctoring Services. The current list of these is at https://www.apea.com/technical-requirements. Access to and use of the APEA Proctoring Services requires access to the open internet.

FERPA PROTECTIONS AND SECURITY

If You are an educational agency or institution under the Family Educational Rights and Privacy Act and its implementing regulations (20 U.S.C. 1232G; 34 Part 99)("FERPA"), You and APEA acknowledge that data which APEA collects while delivering APEA Remote Proctoring to You may include personally identifiable information from education records that are subject to FERPA ("FERPA Data"). To the extent APEA receives FERPA Data when providing its Services, APEA will, with respect to such FERPA Data, be functioning as a "school official" with legitimate educational interests as defined in FERPA, and will comply with FERPA, including maintaining necessary administrative, technical and procedural safeguards to protect FERPA Data from unauthorized use or disclosure. APEA will treat all Test Data as FERPA Data, subject to the same protections. "Test Data" means all identifiable data, recordings, audio, video, motion information, incident data, comments, analytics and other information generated, collected, and maintained by APEA in connection with APEA Remote Proctoring Services delivered for any Student's exam session of an APEA Assessment. APEA will never sell any FERPA Data and will use it solely for purposes of performing APEA Remote Proctoring Services, provided that APEA reserves the right to use aggregate, anonymized, and deidentified Test Data ("Aggregate Test Data") for general analytics, product research, to assess platform performance, and in support of APEA's general business operations.

PASSWORDS AND RESTRICTIONS

Students who are testing on APEA Assessments with use of APEA Remote Proctoring Services will receive and utilize access information, such as passwords and usernames, ("Access Information") to enable the Services. You will implement reasonable measures to safeguard against improper sharing or unauthorized use of such Access Information. The confidentiality and security of APEA Assessments is critical and under no circumstance will any recording or screenshot of any APEA Assessment, or portion thereof, be disclosed to You or any Student in connection with APEA Remote Proctoring Services. The following activity is prohibited in connection with use of APEA Remote Proctoring Services: (i) accessing, tampering with, or using any non-public areas of the Services, or APEA's or its subcontractors' computer systems; (ii) probing, scanning, or testing the vulnerability of any system or network or any attempt to circumvent any security or authentication measures of the Services; (iii) accessing, searching or attempt to access or search the Services by any means (automated or otherwise) other than through APEA's currently available published interfaces; (iv) forging any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (v) interfering with, or disrupting (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services, or (vi) copying, modifying, distributing, or attempting to create any derivative works of the APEA Remote Proctoring Services.

TERM AND TERMINATION

Subject to these Terms and Your payment of any applicable fees due and payable to APEA, APEA will deliver APEA Remote Proctoring Services for the duration set forth in each applicable agreement you enter into with APEA for the delivery of such Services. APEA reserves the right to terminate APEA Remote Proctoring Services upon written notice to You if (i) You breach any of these Terms; (ii) if You declare bankruptcy or ceases operations; or (iii) APEA, in its sole discretion, deems that the integrity or security of any APEA Assessment is at risk.

OWNERSHIP

APEA is and will remain the sole and exclusive owner of all intellectual property rights in and to APEA Assessments and, together with its licensors, in and to the APEA Remote Proctoring Services. If You are an institution, You are and will remain the sole and exclusive owner of all intellectual property rights in and to the FERPA Data, including Test Data, subject to APEA's rights to use Aggregate Test Data, as described herein.

YOUR CLIENT RESPONSIBILITIES

If You are an institution, in connection with Client's use of APEA Remote Proctoring Services, You will:

  • Continue to follow APEA's proctoring requirements as they related to administration of APEA Assessments, and take reasonable measures to prevent Students from misusing and improperly sharing APEA Assessments, including having clear policies, actively enforced by Your institution, that prohibit any form of cheating on APEA Assessments, including but not limited to, any copying, reproduction, sharing or distribution of all or part of any APEA Assessment;
  • Ensure that all Students have Supported Devices with which to access APEA Remote Proctoring Services;
  • Designate an internal point of contact who will be able to oversee Your institution's use of APEA Remote Proctoring Services, including managing the scheduling of Your Student examinees for the APEA Assessments proctored by APEA Remote Proctoring Services;
  • Enforce Your institution's academic honesty policy, as needed, for infractions or violations of policy;
  • Permit APEA, and its subcontractors supporting APEA Remote Proctoring Services access to all Test Data, PII, irregularity and misconduct reports, dashboards, and all data and reporting that results from use of APEA Remote Proctoring Services, all of which shall be safeguarded and protected by APEA and its subcontractors subject to these Terms; and
  • Apprise Your Student examinees of Your institution's decision to use APEA Remote Proctoring Services, and ensuring Students fully understand the nature of said Services and what will be recorded, monitored and collected by APEA during the test administration and, subsequently shared with Your institution.

If you are a Student examinee who has independently purchased from APEA the administration of an APEA Assessment that includes APEA Remote Proctoring Services, in connection with Your use of APEA Remote Proctoring Services, You will:

  • Follow APEA's testing requirements as they related to administration of APEA Assessments, and refrain from cheating, misusing and improperly sharing, disclosing, copying, or distributing to others all or any part of any APEA Assessment;
  • Ensure that You have a Supported Device with which to access APEA Remote Proctoring Services;
  • Permit APEA, and its subcontractors supporting APEA Remote Proctoring Services access to all Test Data, PII, irregularity and misconduct reports, dashboards, and all data and reporting that results from use of APEA Remote Proctoring Services, all of which shall be safeguarded and protected by APEA and its subcontractors subject to these Terms; and
  • Acknowledge and consent to the delivery of APEA Remote Proctoring Services, including without limitation, what will be recorded, monitored and collected by APEA during the test administration and, subsequently shared with Your institution if your account is associated with an institution.