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In accordance with the UK General Data Protection Regulation ("UK GDPR") and the Data Protection Act 2018, the controller responsible for processing your personal data in connection with online invigilated examinations is TUV SUD Limited, Napier Building, Scottish, Enterprise Technology Park, East Kilbride, Glasgow, G75 0AF.
If you have any questions about the processing of your personal data in connection with online invigilated examinations, you can contact TUV SUD Limited's Local Data Protection Coordinator at [email protected].
TUV SUD Limited offers certain academy examinations online so that participants can sit examinations remotely at a time and place suitable for them. To preserve the integrity of the examination and to verify compliance with the applicable examination rules, online examinations are monitored using invigilating software provided by PRUEFSTER Onlineprüfungen GmbH.
Your personal data is processed solely for the purpose of administering, supervising, reviewing and evidencing the online examination, including verifying your identity, monitoring the examination session, investigating suspected breaches of examination rules, and handling any appeal or review process.
The processing of your personal data for the supervised online examination is carried out on the basis of your consent under Article 6(1)(a) UK GDPR. By consenting to participate in the online invigilated examination, you consent to the processing of your personal data as described in this notice for the purposes of administering, supervising, reviewing and evidencing the online examination, including verifying your identity, monitoring the examination session, investigating suspected breaches of examination rules, and handling any appeal or review process.
You have the right to withdraw your consent at any time. If you withdraw your consent before or during the examination, TUV SUD Limited will stop processing your personal data for the online invigilating service. In that case, you may not be able to complete the online examination and should contact your TUV SUD Academy contact or training provider to discuss whether an alternative examination route is available.
Withdrawing your consent does not affect the lawfulness of any processing carried out before you withdrew your consent. Where personal data has already been processed for examination monitoring, investigation or appeal purposes before you withdraw your consent, that processing remains lawful.
In connection with the online invigilated examination, TUV SUD Limited and PRUEFSTER may process the following categories of personal data:
Your first name, last name, email address, date of birth and place of birth or, where applicable, place of origin, are processed for the purposes of administering the examination and verifying your identity.
At the beginning of the examination session, you may be asked to present an official photo identification document. A temporary image of your identification document may be captured for the purpose of verifying your identity. You should cover or obscure any information on the document that is not required for identification, where this is permitted by the invigilating instructions.
During the online examination, the invigilating software may process webcam video recordings, including images of your face, microphone audio recordings, desktop or screen recordings, IP address, technical connection data, and any other information that you disclose or make visible during the monitored examination session, including your immediate work environment where this is shown to the camera as part of the room check.
TUV SUD Limited does not intend to process special category data for the purpose of online invigilating. Images of your face or identification document are used for visual identity verification and examination monitoring.
TUV SUD Limited does not use automated facial-recognition, biometric matching or automated decision-making for this processing. If this position changes, TUV SUD Limited will update this information and, where required, obtain any additional consent or satisfy any additional legal condition required under UK data protection law before carrying out that processing.
Certain registration and examination administration data, such as your name and email address, is collected by TUV SUD Limited or through TUV SUD's examination systems.
Video, audio, desktop or screen recordings, and the temporary identification-document image are collected through the invigilating platform operated by PRUEFSTER Onlineprüfungen GmbH during the examination process.
TUV SUD Limited uses PRUEFSTER Onlineprüfungen GmbH, Lange Straße 27, 29664 Walsrode, Germany, as its processor for the provision of the online invigilating platform.
PRUEFSTER uses the following sub-processors in connection with the invigilating service: 1&1 IONOS SE in Germany for hosting, Flowmailer BV in the Netherlands for email transmission services, and Metanoia IT Solutions GmbH in Germany for development support.
These service providers process personal data only for the purposes of providing the online invigilating service and are required to process personal data in accordance with contractual data protection obligations.
The personal data processed for the online invigilating service is stored and processed in Germany and the European Union. TUV SUD Limited does not transfer your personal data for the invigilating service to countries outside the United Kingdom, the European Economic Area or the European Union.
Transfers from the United Kingdom to recipients in the European Economic Area are permitted under the United Kingdom's adequacy regulations. If any future change to the service involves a transfer of personal data to a country that is not covered by a United Kingdom adequacy regulation, TUV SUD Limited will ensure that an appropriate transfer mechanism is in place before that transfer takes place.
Personal data processed during the online examination is stored only for as long as necessary for the purposes described above, subject to any applicable examination, accreditation, audit, appeal or legal requirements.
The image of your identification document captured for identity verification is deleted immediately after identification has been completed or, in the case of live invigilating, immediately after the end of the examination session.
For examinations using a record-and-review process, the examination recording is reviewed after the end of the examination. Where the review does not identify any suspected breach of examination rules, the recording is deleted after completion of the review. The review will normally take place within 21 working days after the end of the examination.
Where the recording identifies a suspected breach of examination rules, attempted cheating, unauthorised assistance, use of prohibited materials, incomplete recording, or other issue requiring further review, the recording may be retained for the period required to investigate the matter, notify you of the outcome, handle any appeal, and evidence the decision.
Where a longer retention period is required for accreditation, audit, certification or legal purposes, recordings may be retained for up to five years and will be deleted after expiry of that period, unless a longer retention period is required by law or for the establishment, exercise or defence of legal claims.
If a recording gives rise to a suspected breach of examination rules or attempted cheating, TUV SUD Limited may review the relevant recording and may use it to assess the examination outcome.
Where you are notified of an adverse decision and a right of appeal applies, you may request a review in accordance with the applicable examination rules and appeals process. If you appeal, the relevant recording may be retained until the appeal process has been finally resolved. If no appeal is submitted within the applicable appeal period, the decision may be treated as accepted and the recording will be deleted in accordance with the applicable retention period.
The processing of your personal data in connection with the online invigilated examination is not connected with automated decision-making or profiling within the meaning of Article 22 UK GDPR. Examination outcomes and any suspected breaches of examination rules are subject to human review.
Subject to the conditions and limitations set out in the UK GDPR and the Data Protection Act 2018, you have the following rights in relation to your personal data:
You have the right to request access to your personal data and to obtain information about how it is processed. You have the right to request rectification of inaccurate personal data and, in certain circumstances, erasure of your personal data. You have the right to request restriction of processing. Where processing is based on consent, you have the right to withdraw that consent at any time, as described above under “Legal basis”. Where technically applicable, you may also have the right to data portability.
To exercise your rights in relation to the online invigilating service, please contact TUV SUD Limited's Local Data Protection Coordinator at [email protected].
If you are concerned about how TUV SUD Limited processes your personal data, you should contact us first so that we can investigate and respond to your concern.
You also have the right to lodge a complaint with the United Kingdom Information Commissioner's Office, which is the supervisory authority for data protection in the United Kingdom. The Information Commissioner's Office can be contacted through its website at www.ico.org.uk or by using the contact details published by the Information Commissioner's Office.
