User Agreement (Privacy Policy)

Effective Date: July 26, 2018

Please read carefully the following Privacy Policy (this “Privacy Policy”) of TestMax, Inc. (“TestMax,” “we,” “our” or “us”), the operator of various services including: LSATMax™, BarMax™, Exam Proctor™ and Law School Match™. We respect the privacy rights of visitors and users of any of our services online at www.testmaxprep.com (the “Site”) and through our apps that link to this Privacy Policy (each, an “App”). Our Site and Apps are, collectively, referred to hereinafter as our “Service.” We created this Privacy Policy to give you confidence as you visit and use our Service, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is applicable only to our Service, and not to any other activities of TestMax or to any other websites and apps that you may be able to access from our Service, each of which may have data collection and use practices and policies that differ materially from this Privacy Policy.

We may modify this Privacy Policy from time to time. When changes are made, we will make the revised version available on the Site, indicating at the top of this page the date that revisions become effective. We encourage you to visit this page periodically to learn of updates.

This Privacy Policy includes the following sections:

Information Collection Practices

Security of Personal Information

Interest-Based Advertising

International Visitors

Retention

User Ability to Access, Update and Correct Personal Information

Public Forums

Third-Party Websites

Contact Information

  1. Information Collection Practices.
    1. Types of Information Collected.
      1. Technical Information.The data described in this section is collectively considered “Technical Information”.
        1. Traffic Data. We (and third-party services) automatically track and collect information when you visit the Service including, for example: (1) IP addresses; (2) domain servers; (3) types of computers or devices accessing the Service; and (4) types of web browsers or applications used to access the Service (collectively “Traffic Data”). Traffic Data is generally used for marketing purposes or for improving your experience on the Service.
        2. Cookies. We use “cookies” to operate the Service, such as to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your password, if any, so you do not have to re-enter it each time you visit the Service. For more information about our cookie use, please see our Cookie Policy.
        3. Analytics Data. . We use analytics tools and other third party technologies, such as Google Analytics, to collect non-personal information in the form of various usage and user metrics when you use our Service. These tools and technologies collect and analyze certain types of information, including mobile device identifiers, cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, and other similar information (collectively, "Analytics Data") on our Service and across other websites and apps over time. For more information about how Google Analytics collects and uses data when you use our Service, visit https://www.google.com/policies/privacy/partners/, and to opt out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

          We may also from time to time contract with third party vendors to provide ads to our customers on our behalf via the Internet or to send direct mail to customers whom we think may be interested in our products or services. In order to do so, such vendor may collect anonymous information about your visits to our website using a “cookie”. A cookie is a small piece of data that is sent to your browser or mobile device by websites, mobile apps, and advertisements that you access or use. This data is stored on your browser or mobile device and helps websites and mobile apps to remember things about you to improve your experience with the website. Third-party vendors may then pool the anonymous information that they collect from our website with other sources of information, which may include your name and mailing address, for purposes of determining whether you might be interested in receiving direct mail. If you do not wish for cookies to be placed on your computer, most web browsers permit you to prevent that from taking place. Additionally, information about opting out of cookie-based Internet advertising can be found via the following links - http://optout.networkadvertising.org/#!/ and/or https://www.neustar.biz/privacy/opt-out. However, please keep in mind that these technologies are an important part of how the website works; removing, rejecting or limiting the use of cookies or other similar technologies might affect the availability and functionality of the website. To opt-out of receiving our direct mail, you may send us an email at support@testmaxprep.com or call us at 855-483-7862.
        4. Location Data. We may collect location data from your mobile device if you enable location-based services.
      2. Personal Information. The data described in this section is collectively considered “Personal Information”.
        1. Account Information and Communication. Although you may freely visit the Site, to use the Service you must create a TestMax account. While visiting the Site or using our Service, we collect information you provide us about yourself (“Personal Information”). Personal Information includes the following categories of information: (1) “Contact Data” (such as your name, physical address, telephone number and e-mail address); (2) “Financial Data” (such as your payment card, bank account or PayPal account information); (3) “Demographic Data” (such as your zip code, age and gender); and (4) “Account Data” (such as your account password). If you communicate with us by e-mail, telephone, or our customer service chat messages; post messages to any of our chat groups, bulletin boards, or forums; purchase our products and services; subscribe to our mailing list; or otherwise complete online forms, surveys or contest entries, any information provided in such communication may be collected as Personal Information.
        2. Education Data. When you use the Service, we collect certain data about your performance, including without limitation, your scores and progress. We also collect information you provide related to your educational history, such as your grade point average, schools attended and graduation year, and results from live exams you have taken, such as the Law School Admission Test.
      3. User Choice Regarding Collection of Personal Information. You may choose not to provide us with any Personal Information. In such an event, you can still access and use parts of the Service; however, you will not be able to access and use those portions of the Service that require your Personal Information. Under certain circumstances, the provision of Personal Information is sometimes required by law and at other times is a result of a contractual requirement. You may be required to provide Personal Information, for example in a case where we sign a contract with you, and the non-provision of Personal Information could, in certain circumstances, prevent a transaction from concluding.
    2. Uses and Sharing of Information Collected.
      1. Our Use of Technical Information. We use Technical Information for marketing purposes or for operating and improving the Service. Third-party companies that collect Technical Information can collect, use, and share information under their own privacy policies and TestMax does not control their practices.
      2. Our Use of Personal Information. We use your Personal Information for any lawful purpose, including the uses described in this section. We use Contact Data to send you information about us and the Service or promotional material from some of our partners, or to contact you when necessary in order to provide the Service. By giving us your phone number, you consent to receive text messages from TestMax. Message & data rates may apply. We use your Financial Data to bill you and/or issue refunds to you for the Service. We use your Demographic Data to customize and tailor your experience on the Service, and for displaying content that we think you might be interested in and according to your preferences. We also use your Education Data to customize and tailor your experience on the Service. Where we intend to process your Personal Information for a purpose other than the purpose for which it was collected, we will notify you prior to processing your Personal Information for the new purpose.
      3. Sharing of Personal Information. To the extent permitted by law, we may share Personal Information with other companies who may want to send you information about their products or services, unless you have specifically requested that we not share Personal Information with such companies. For California residents, please visit our California Privacy Rights page to learn more about the choices available to you regarding such sharing. If you do not want us to share your Personal Information with these third parties, please email us at privacy@testmaxprep.com. In addition, we maintain a procedure for you to review and request changes to your Personal Information; this procedure is described below. We may share (or allow third parties to collect) Technical Information without limitation, except that where applicable law requires us to treat such information as personal data, we will treat it as Personal Information under this Privacy Policy. We may also share information that has been aggregated or otherwise de-identified without limitation.
      4. Additional Disclosures of Personal Information. We also share (and/or provide access to) Personal Information with our business partners who assist us in performing services (including, without limitation, as hosting, billing, fulfillment, or data storage and security) related to our operation of the Service. In order to accommodate changes in our business, we may undertake a corporate sale, merger, acquisition, or other transfer of all or part of our assets, including as part of a bankruptcy proceeding. If TestMax or its assets are involved in these transactions, customer information will be one of the assets transferred. We also disclose Personal Information pursuant to a subpoena, court order, governmental inquiry, or other legal process or as otherwise required by law, or to protect our rights or the rights of third parties. We disclose Personal Information with your consent or as otherwise disclosed at the time of data collection or sharing.
  2. Security of Personal Information. We maintain reasonable and appropriate safeguards to help protect your Personal Information from loss and from unauthorized acquisition.
  3. Interest-Based Advertising. We may partner with ad networks and other ad serving providers (“Advertising Providers”) who serve ads on behalf of us and others on the Service and on non-affiliated sites and mobile apps. Some of those ads may be personalized, meaning that they are intended to be more relevant to you based on information Advertising Providers collect about your visits to our Service and other non-affiliated websites and mobile apps over time on your browser or device, as well as on the browsers or devices associated with it. This practice is known as interest-based advertising (“IBA”).

    You may visit www.aboutads.info/choices to learn more about this type of advertising and to opt out of this form of advertising on your browser by companies participating in the DAA self-regulatory program. To learn more about your choices on mobile devices and to opt out of IBA in mobile apps from companies participating in the DAA self-regulatory program, you can download the relevant version of the DAA’s AppChoices tool at www.youradchoices.com/appchoices.

    When you exercise your choice, data will not be collected or used for IBA on that browser or device. Additionally, data from associated browsers and devices will not be used for IBA on the device where the choice was made. Note that electing to opt out will not stop advertising from appearing in your browser or applications, but it may make the ads you see less relevant to your interests. In addition, note that if you use a different browser or device, or erase your cookies or reset your mobile device identifier, you will need to renew your opt-out choice.

  4. International Visitors. This section applies to those that use our Service from the European Economic Area or Switzerland.

    TestMax processes Personal Information with your consent (e.g., when TestMax processes personal information to provide goods and services you request, such as communications related to a mailing list to which you subscribe).

    On other occasions, TestMax may process Personal Information when it needs to do this to fulfill a contract (for example, to process course enrollments) or where required to do this by law.

    If necessary, TestMax may also process Personal Information when it is in TestMax’s legitimate interests to do this (e.g., for customer service, measuring your test performance, improving the TestMax services) and when these interests are not overridden by your data protection rights.

    Please be aware that the Personal Information we collect may be transferred to and maintained on servers or databases located outside your state, province, country, or other jurisdiction, where the privacy laws may not be as protective as those in your location. TestMax transfers Personal Information from the EEA and Switzerland when the transfer is needed for TestMax to provide services to you that you have requested, or with your consent. Please be advised that we process and store Personal Information in the United States.

    You have a right to the following:

    • To request access to the Personal Information we hold about you;
    • To request that we rectify or erase your Personal Information;
    • To request that we restrict or block the processing of your Personal Information;
    • Under certain circumstances, to receive Personal Information about you that we store and transmit to another without hindrance from us, including requesting that we provide your Personal Information directly to another, i.e., a right to data portability; and
    • Where we previously obtained your consent, to withdraw consent to processing your Personal Information.

    To exercise these rights, contact us using the “Contact” section below. Please be aware that TestMax may be unable to provide these rights to you under certain circumstances, such as if we are legally prevented from doing so.

    Additionally, you have the right to lodge a complaint against us. To do so, contact the supervisory authority in your country of residence.

  5. Retention. We will process and store your Personal Information only for the period necessary to achieve the purpose of the storage, or as permitted by law. The criteria used to determine the period of storage of information is set forth in TestMax’s data retention policy or is the time period required by law.
  6. User Ability to Access, Update, and Correct Personal Information. You may access and review the Personal Information we have collected about you in the Profile page of your account. You may also correct this information by updating your Profile page or by contacting us at privacy@testmaxprep.com or 855.483.7862.
  7. Public Forums. The Service may include interactive forums such as message boards and chat rooms. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your information.
  8. Third Party Websites, Apps, and Tools. The Service may contain links to other websites and apps. If you choose to visit those websites or apps, we are not responsible for the privacy practices or content of those websites and apps, and it is your responsibility to review their privacy policies to confirm that you understand and agree with their policies.

    The Service may also include integrated social media tools or “plug-ins”, such as social networking log-ins and other tools offered by third parties. If you use these tools to share information or you otherwise interact with social media features on the Service, those social media companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with the general public. Your interactions with third-party social media companies and the use of their features are governed by the privacy policies of the social media companies that provide those features. We encourage you to carefully read the privacy policies of any social media accounts you create and use.

  9. Contact Information. If you have any questions about this Privacy Policy, our practices related to the Service, or if you would like to have us remove your Personal Information from our database please feel contact us. All comments, queries and requests relating to our use of your information, in our role as data controller, are welcomed and should be addressed as follows:

    By mail: TestMax, Inc. 555 Rose Ave, Unit G, Venice, CA 90291
    By phone: 855-483-7862
    By fax: 855-483-7862
    By email: info@testmaxprep.com