Privacy Policy for testing servicesYour rights
Our privacy policy is summarized below. All test takers need to declare heaving read and agree to the Privacy Policy (see appendix 5 for the Privacy Policy form) prior to taking the ELP Test. If there is no consent regarding the use of Personal Data, there is no means of performing the assessment and the assessment must be postponed, or annulled.
Aerosolutions will process your Personal Data for as long as necessary for the purpose, but in any case, no longer than legally permitted. After this period, your Personal Data will be removed from our systems, unless you request to delete your Personal Data sooner, which will be granted if the data is no longer necessary for licensing purposes or for the purpose of ensuring ELP Test validity.
Who is the controller with regard to the processing of your personal data?
The controller of your personal data is Aerosolutions BV in Belgium. The Aerosolutions contact address, which can be found on the Aerosolutions website, is:garding the use of Personal Data, there is no means of performing the assessment and the assessment must be postponed, or annulled.
Aerosolutions BV
Heidestraat-Zuid 169
B-2950 Kapellen
Belgium
Email: info@aerosolutions.be
The personal data that we collect, the purposes of processing, the legal basis and the retention period.
Aerosolutions processes personal data for several purposes for which the legal basis can be found in the GDPR. Aerosolutions will process your personal data for as long as necessary for the purpose, but in any case, no longer than legally permitted. The legal basis and period of processing may vary per purpose.
Audio and video recordings, as well as all other Personal Data, are only available through the ELP Data Management System. Personal Data will not be shared on the Aerosolutions website, social media, the internet, media, or any other public accessible means.
An overview of the most important processing operations of Aerosolutions can be found below. In most cases, you are not required by law to provide any Personal Data to Aerosolutions. However, you are required to provide certain Personal Data to enable us to enter into a contract with you so that you can use our English Language Proficiency Test (ELP Test).
The legal basis for the processing of this data can be found in article 6(1)(b) of the GDPR: ‘processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract’.
When setting up an ELP Test account, we will indicate which data elements are required for our contracts. Unfortunately, it is not possible to do business with you if you do not provide most these data elements. We will keep this data for as long as necessary for the purpose, but in any case, no longer than legally permitted. Only if there is a legal dispute, we are allowed to store the contract as long as necessary for the settlement of the dispute.
In case you request an accommodation from Aerosolutions, such as special testing conditions needed because of a health condition or disability, you may be required to submit additional personal data (including special categories of data) as needed for us to evaluate and respond to your request and your explicit consent for the processing of this special category of data which is necessary for the performance of contract and the legitimate interest of Aerosolutions.
Personal Data to register you for the ELP test and to provide your ELP Test score results
Our ELP Test taker registration forms indicate which data elements are optional and/or required to register you for the ELP test. The following data could possibly be collected and processed:
- Full name (mandatory)
- Date of Birth (optional)
- Gender (mandatory)
- Country (optional)
- Your signature (mandatory)
- Photo ID (ID card, passport, Pilot’s licence) (mandatory)
- Your address (optional)
- Billing details (whenever applicable)
Personal Data to ensure the validity of your test
In order to ensure the validity of your ELP Test and corresponding test results, Aerosolutions has a legitimate interest to prevent fraud or fraudulent behavior. In this respect, Aerosolutions also processes the following data:
- Screenshots of your face (automatically taken during the ELP Test)
- ELP Test audio recordings (recorded automatically during the test)
- ELP Test report and scores (provided by the assessors)
Information Collected Automatically
The types of information a bowser or Internet session automatically sends to our server each time when a test taker visit our ELP Testing platform, which we automatically collect, include:
- The browser type and version
- The computer operating system
- The navigation paths
- The IP addresses
Personal Data back-ups and transfers
Copying or performing back-ups of all the Personal Data is limited to the AM of the Aerosolutions LAB, or his assigned deputy. This includes the control over scripts that initiate such back-ups or copying activities.
Automated Decision Making and Profiling
Aerosolutions may use automated processes in connection with scoring tests and for similar purposes, as needed to provide the ELP Test services that you have requested. All such decisions are subject to human review. We will not make automated decisions about you that may significantly affect you.
In some cases, we use certain elements of Personal Data for Aerosolutions. For example, we may consider how certain types of test takers (such as non-native English speakers) respond to specific test questions. Our research initiatives reflect our commitment to fairness and equity in testing, helping to ensure that are our tests are accessible and free from bias. They also seek to improve teaching, learning and assessment. Our research results do not contain any identifiable data and are not used to target or profile individuals.
International transfer of data
Your Personal Data may be transferred to, stored at or processed in the European Union and other countries which may not have equivalent privacy or data protection laws.
We generally use approved Standard Contractual Clauses to assure that Personal Data is adequately protected when it is transferred out of the EEA or Switzerland, but we may also make transfers to recipients with approved Binding Corporate Rules or to recipients in the United States who have certified to the EU-U.S. and/or Swiss-U.S. Privacy Shield Framework.
Third Parties
We may use other companies for the performance of our services, such as IT tools and services, manage software, marketing analytics. These service providers have access only to such personal information necessary to perform their services. We ensure that they are contractually bound to our instruction regarding the processing and the security of your Personal Data as required by the GDPR.
We also ensure that the privacy legislation and requirements are respected by all our service providers. Aerosolutions is not responsible for the actions and privacy policies of third parties who are not processing data on our behalf and are acting as an independent controller.
Your Rights (include right to file complaint at supervisory authorities)
Aerosolutions respects the rights of EEA residents to access, correct and request erasure or restriction of their Personal Data as required by law. This means:
- You generally have a right to know whether or not Aerosolutions maintains your Personal Data. If we do have your Personal Data, you have the right to ask for a copy (subject to the rights of others). If your information is incorrect or incomplete, you have the right to ask us to update it
- You have the right to object to our processing of your Personal Data
- You may also ask us to delete or restrict your Personal Data
To exercise these rights, please contact us via email at info@aerosolutions.be or write us. Please understand that we may need to verify your identity before we can process your request.
Additionally, our ability to delete Personal Data will be limited in those cases where we are required to retain records, such as in connection with score reports and test security processes. If you believe that we have processed your Personal Data in violation of applicable law, you may file a complaint with the Accountable Manager of Aerosolutions.
Additionally, you have the right to lodge a complaint with the supervisory authorities, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR.
Legal Protections and Law Enforcement
Aerosolutions may disclose information about its test takers, including personal information, sound recordings and video recordings, in the event we are required to respond to subpoenas, court orders, legal process or other valid law enforcement measures; to comply with a legal obligation; at the request of governmental authorities conducting an investigation; or to protect the legal rights, interests, or safety of the website, our users or others.
The Personal Data may only be shared with the Civil Aviation Authorities upon their request and in relation to the English Language Proficiency endorsement for licensing purposes. In case of court order, or judicial investigation, or air accident/incident investigations, the Aerosolutions LAB will cooperate with the judicial system, or state officials, without prior permission of the Civil Aviation Authorities.
VERSION: 07/2023
