ATI REMOTE PROCTORING SERVICES TERMS
These ATI Remote Proctoring Services Terms (these “Terms”) govern remote proctoring services provided by Assessment Technologies Institute, LLC (“ATI”) to ATI clients ( “You” or “Your”).  If You are an institution, ATI Remote Proctoring Services are offered as a supplement to Your  proctoring obligations relative to administration of ATI’s confidential and proprietary assessments (“ATI Assessment(s)”). ATI’s Remote Proctoring Services consist of the automated and/or live proctoring of the administration of ATI 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 ATI and/or its service provider(s) to deliver said services  (collectively, “ATI Remote Proctoring Services” or “Services”). These Terms also apply to any vendor used by ATI in ATI's delivery of ATI Remote Proctoring Services. Please carefully review these Terms.  

  • GENERAL 

You, or Your institution or organization,  have requested that ATI perform Remote Proctoring Services in connection with Your or Your institution or organization’s use of ATI Assessments provided under separate agreement between You and ATI.  You understand and agree that ATI will use the services of subcontractors in the delivery of ATI’s Remote Proctoring Services and ATI 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 ATI Assessment; these Terms solely apply to the Services of ATI.  Your use of ATI Remote Proctoring Services is governed by the terms of Your separate agreement or ATI Order with ATI under which you procured used of ATI Assessments, as supplemented by these Terms. If you are a student individually purchasing use of an ATI Assessment and related ATI Remote Proctoring Services, Your use of such Services is subject to the ATI Terms and Conditions that you previously accepted.  

  • FEES

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

  • SUPPORTED DEVICES

You,  and your Students if You are an institution, must use Supported Devices to be able to use the ATI Remote Proctoring Services. “Supported Devices” are the range of hardware and software used on devices that are supported to access and use the ATI Remote Proctoring Services.  The current list of these is at https://www.atitesting.com/educator/technical-requirements. Access to and use of the ATI 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 ATI acknowledge that data which ATI collects while delivering ATI Remote Proctoring  to You may include personally identifiable information from education records that are subject to FERPA (“FERPA Data”).  To the extent ATI receives FERPA Data when providing its Services, ATI  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.  ATI 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 ATI in connection with ATI Remote Proctoring Services delivered for any Student’s exam session of an ATI Assessment. ATI will never sell any FERPA Data and will use it solely for purposes of performing ATI Remote Proctoring Services, provided that ATI 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 ATI’s general business operations. 

  • PASSWORDS AND RESTRICTIONS

Students who are testing on ATI Assessments with use of ATI 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 ATI Assessments is critical and under no circumstance will any recording or screenshot of any ATI Assessment,  or portion thereof, be disclosed to You or any Student in connection with ATI Remote Proctoring Services. 
The following activity is prohibited in connection with use of ATI Remote Proctoring Services: (i) accessing, tampering with, or using any non-public areas of the Services, or ATI’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 ATI’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 ATI Remote Proctoring Services. 

  • TERM AND TERMINATION

Subject to these Terms and Your payment of any applicable fees due and payable to ATI, ATI will deliver ATI Remote Proctoring Services for the duration set forth in each applicable agreement/order you enter into with ATI for the delivery of such Services. ATI reserves the right to terminate ATI 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) ATI, in its sole discretion, deems that the integrity or security of any ATI Assessment is at risk. 

  • OWNERSHIP

ATI is and will remain the sole and exclusive owner of all intellectual property rights in and to ATI Assessments and, together with its licensors, in and to the ATI 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 ATI’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 ATI Remote Proctoring Services, You  will: 

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

  
If you are a Student examinee who has purchased, through ATI’s online store,  the administration of an ATI Assessment that includes ATI Remote Proctoring Services, in connection with Your use of ATI Remote Proctoring Services, You will:

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

 

Updated August 10, 2021