Last updated: May 20, 2020
use and disclosure of Your information when You use the Service and tells
You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the
Service, You agree to the collection and use of information in accordance
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the
same meaning regardless of whether they appear in singular or in plural.
You means the individual accessing or using the
Service, or the company, or other legal entity on behalf of which
such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be referred
to as the Data Subject or as the User as you are the individual
using the Service.
Company (referred to as either "the
Company", "We", "Us" or "Our" in
this Agreement) refers to HamStudy.org LLC, D.B.A Signal Stuff, 881
W State St, Ste 140 #203, Pleasant Grove, UT 84062.
For the purpose of the GDPR, the Company is the Data Controller.
Officer refers to an individual with a direct
business relationship with the Company who is authorized by the
Company to act in its behalf in the context given.
Affiliate means an entity that controls, is
controlled by or is under common control with a party, where
"control" means ownership of 50% or more of the shares,
equity interest or other securities entitled to vote for election of
directors or other managing authority.
Account means a unique account created for You to
access our Service or parts of our Service.
Website refers to ExamTools, accessible from
https://examtools.org, or to HamStudy.org, accessible from
Service refers to the Website.
Country refers to: Utah, United States
Service Provider means any natural or legal person
who processes the data on behalf of the Company. It refers to
third-party companies or individuals employed by the Company to
facilitate the Service, to provide the Service on behalf of the
Company, to perform services related to the Service or to assist the
Company in analyzing how the Service is used. For the purpose of the
GDPR, Service Providers are considered Data Processors.
Third-party Social Media Service refers to any
website or any social network website through which a User can log
in or create an account to use the Service.
Personal Data is any information that relates to an
identified or identifiable individual.
For the purposes for GDPR, Personal Data means any information
relating to You such as a name, an identification number, location
data, online identifier or to one or more factors specific to the
physical, physiological, genetic, mental, economic, cultural or
For the purposes of the CCPA, Personal Data means any information
that identifies, relates to, describes or is capable of being
associated with, or could reasonably be linked, directly or
indirectly, with You.
Cookies are small files that are placed on Your
computer, mobile device or any other device by a website, containing
the details of Your browsing history on that website among its many
Device means any device that can access the Service
such as a computer, a cellphone or a digital tablet.
Usage Data refers to data collected automatically,
either generated by the use of the Service or from the Service
infrastructure itself (for example, the duration of a page visit).
Data Controller, for the purposes of the GDPR
(General Data Protection Regulation), refers to the Company as the
legal person which alone or jointly with others determines the
purposes and means of the processing of Personal Data.
Do Not Track (DNT) is a concept that has been
promoted by US regulatory authorities, in particular the U.S.
Federal Trade Commission (FTC), for the Internet industry to develop
and implement a mechanism for allowing internet users to control the
tracking of their online activities across websites.
Business, for the purpose of the CCPA (California
Consumer Privacy Act), refers to the Company as the legal entity
that collects Consumers' personal information and determines the
purposes and means of the processing of Consumers' personal
information, or on behalf of which such information is collected and
that alone, or jointly with others, determines the purposes and
means of the processing of consumers' personal information, that
does business in the State of California.
Consumer, for the purpose of the CCPA (California
Consumer Privacy Act), means a natural person who is a California
resident. A resident, as defined in the law, includes (1) every
individual who is in the USA for other than a temporary or
transitory purpose, and (2) every individual who is domiciled in the
USA who is outside the USA for a temporary or transitory purpose.
Sale, for the purpose of the CCPA (California
Consumer Privacy Act), means selling, renting, releasing,
disclosing, disseminating, making available, transferring, or
otherwise communicating orally, in writing, or by electronic or
other means, a Consumer's Personal information to another business
or a third party for monetary or other valuable consideration.
Volunteer-Examiner Coordinator, also called
VEC means an organization with a written agreement
with the Federal Communications Commission (FCC) to serve in that
capacity as defined in CFR Title 45, Part 97.521.
Volunteer Examiner, also called
VE means an individual holding an Amateur Radio
Station / Primary Operator license as defined and regulated by CFR
Title 47, Part 97 by the Federal Communications Commission (FCC) and
accredited by an active VEC.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain
personally identifiable information that can be used to contact or identify
You. Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
FCC Registration Number
Graphical representation of signature
Exam Data is collected when using the Service.
Exam Data may include answers to questions from examinations taken using the
Service, information about previous examinations inputted into the system,
and other information about your examination experience while using the
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol
address (e.g. IP address), browser type, browser version, the pages of our
Service that You visit, the time and date of Your visit, the time spent on
those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect
certain information automatically, including, but not limited to, the type
of mobile device You use, Your mobile device unique ID, the IP address of
Your mobile device, Your mobile operating system, the type of mobile
Internet browser You use, unique device identifiers and other diagnostic
We may also collect information that Your browser sends whenever You visit
our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
Our Service and store certain information. Tracking technologies used are
beacons, tags, and scripts to collect and track information and to improve
and analyze Our Service.
You can instruct Your browser to refuse all Cookies or to indicate when a
Cookie is being sent. However, if You do not accept Cookies, You may not be
able to use some parts of our Service.
Cookies can be "Persistent" or "Session" Cookies.
Persistent Cookies remain on your personal computer or mobile device when
You go offline, while Session Cookies are deleted as soon as You close your
web browser. Learn more about cookies:
All About Cookies.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services
available through the Website and to enable You to use some of its
features. They help to authenticate users and prevent fraudulent use
of user accounts. Without these Cookies, the services that You have
asked for cannot be provided, and We only use these Cookies to
provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of
cookies on the Website.
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when
You use the Website, such as remembering your login details or
language preference. The purpose of these Cookies is to provide You
with a more personal experience and to avoid You having to re-enter
your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic
to the Website and how users use the Website. The information
gathered via these Cookies may directly or indirectly identify you
as an individual visitor. This is because the information collected
is typically linked to a pseudonymous identifier associated with the
device you use to access the Website. We may also use these Cookies
to test new pages, features or new functionality of the Website to
see how our users react to them.
For more information about the cookies we use and your choices regarding
cookies, please visit our Cookies Policy or the Cookies section of our
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to
monitor the usage of our Service.
To manage Your Account: to manage Your registration as
a user of the Service. The Personal Data You provide can give You access
to different functionalities of the Service that are available to You as
a registered user.
To contact You: To contact You by email, telephone
calls, SMS, or other equivalent forms of electronic communication, such
as a mobile application's push notifications regarding updates or
informative communications related to the functionalities, products or
contracted services, including the security updates, when necessary or
reasonable for their implementation.
To provide You with news, special offers and general
information about other goods, services and events which we offer that
are similar to those that you have already purchased or enquired about
unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your
requests to Us.
We may share your personal information in the following situations:
With Service Providers: We may share Your personal
information with Service Providers to monitor and analyze the use of our
Service, to contact You.
For Business transfers: We may share or transfer Your
personal information in connection with, or during negotiations of, any
merger, sale of Company assets, financing, or acquisition of all or a
portion of our business to another company.
With Affiliates: We may share Your information with Our
affiliates, in which case we will require those affiliates to honor this
subsidiaries, joint venture partners or other companies that We control
or that are under common control with Us.
With other users: when You share personal information
or otherwise interact in the public areas with other users, such
information may be viewed by all users and may be publicly distributed
outside. If You interact with other users or register through a
Third-Party Social Media Service, Your contacts on the Third-Party
Social Media Service may see Your name, profile, pictures and
description of Your activity. Similarly, other users will be able to
view descriptions of Your activity, communicate with You and view Your
With other users who are VEs: when you participate in
an examination using the Service the examination is administered by a
team of Volunteer Examiners who are also users of the Service and they
will see all personal information relevant to that exam session.
With support staff of the Service both part of the Company
and also volunteers who have been selected and vetted from the community
at the sole discretion of the Company and its Officers. Where the support
staff is not directly affiliated with the Company reasonable steps will
be taken to restrict access to Personal Information to only that which is
required to provide assistance to other users of the Service.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary
Personal Data to the extent necessary to comply with our legal obligations
(for example, if we are required to retain your data to comply with
applicable laws), resolve disputes, ensure the validity of the examinations
performed using the Service, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes.
Usage Data is generally retained for a shorter period of time, except when
this data is used to strengthen the security or to improve the functionality
of Our Service, or We are legally obligated to retain this data for longer
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's
operating offices and in any other places where the parties involved in the
processing are located. It means that this information may be transferred to
— and maintained on — computers located outside of Your state, province,
country or other governmental jurisdiction where the data protection laws
may differ than those from Your jurisdiction.
information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your
transfer of Your Personal Data will take place to an organization or a
country unless there are adequate controls in place including the security
of Your data and other personal information.
Disclosure of Your Personal Data
If the Company is involved in a merger, acquisition or asset sale, Your
Personal Data may be transferred. We will provide notice before Your
Personal Data is transferred and becomes subject to a different Privacy
Under certain circumstances, the Company may be required to disclose Your
Personal Data if required to do so by law or in response to valid requests
by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that
such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no
method of transmission over the Internet, or method of electronic storage is
100% secure. While We strive to use commercially acceptable means to protect
Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to perform their
tasks on Our behalf and are obligated not to disclose or use it for any
We may use third-party Service providers to monitor and analyze the use of
Google Analytics is a web analytics service offered by Google that
tracks and reports website traffic. Google uses the data collected
to track and monitor the use of our Service. This data is shared
with other Google services. Google may use the collected data to
contextualise and personalise the ads of its own advertising
You can opt-out of having made your activity on the Service
available to Google Analytics by installing the Google Analytics
opt-out browser add-on. The add-on prevents the Google Analytics
with Google Analytics about visits activity.
For more information on the privacy practices of Google, please
visit the Google Privacy & Terms web page:
Usage, Performance and Miscellaneous
We may use third-party Service Providers to provide better improvement of
We use an invisible captcha service named reCAPTCHA. reCAPTCHA is
operated by Google.
The reCAPTCHA service may collect information from You and from Your
Device for security purposes.
The information gathered by reCAPTCHA is held in accordance with the
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
Consent: You have given Your consent for processing
Personal Data for one or more specific purposes.
Performance of a contract: Provision of Personal Data
is necessary for the performance of an agreement with You and/or for any
pre-contractual obligations thereof including but not limited to
transmission of Personal Data to a VEC to be submitted electronically to
Legal obligations: Processing Personal Data is
necessary for compliance with a legal obligation to which the Company is
Vital interests: Processing Personal Data is necessary
in order to protect Your vital interests or of another natural person.
Public interests: Processing Personal Data is related
to a task that is carried out in the public interest or in the exercise
of official authority vested in the Company.
Legitimate interests: Processing Personal Data is
necessary for the purposes of the legitimate interests pursued by the
In any case, the Company will gladly help to clarify the specific legal
basis that applies to the processing, and in particular whether the
provision of Personal Data is a statutory or contractual requirement, or a
requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data
and to guarantee You can exercise Your rights.
the EU, to:
Request access to Your Personal Data. The right to
access, update or delete the information We have on You. Whenever made
possible, you can access, update or request deletion of Your Personal
Data directly within Your account settings section. If you are unable to
perform these actions yourself, please contact Us to assist You. This
also enables You to receive a copy of the Personal Data We hold about
Request correction of the Personal Data that We hold about
You have the right to to have any incomplete or inaccurate information
We hold about You corrected. The Company is not responsible for the
accuracy of any Personal Data held by other entities including the VEC
that processes an Amateur Radio License application or the FCC.
Object to processing of Your Personal Data. This right
exists where We are relying on a legitimate interest as the legal basis
for Our processing and there is something about Your particular
situation, which makes You want to object to our processing of Your
Personal Data on this ground. You also have the right to object where We
are processing Your Personal Data for direct marketing purposes.
Request erasure of Your Personal Data. You have the
right to ask Us to delete or remove Personal Data when there is no good
reason for Us to continue processing it.
Request the transfer of Your Personal Data. We will
provide to You, or to a third-party You have chosen, Your Personal Data
in a structured, commonly used, machine-readable format. Please note
that this right only applies to automated information which You
initially provided consent for Us to use or where We used the
information to perform a contract with You.
Withdraw Your consent. You have the right to withdraw
Your consent on using your Personal Data. If You withdraw Your consent,
We may not be able to provide You with access to certain specific
functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and
opposition by contacting Us. Please note that we may ask You to verify Your
identity before responding to such requests. If You make a request, We will
try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our
collection and use of Your Personal Data. For more information, if You are
in the European Economic Area (EEA), please contact Your local data
protection authority in the EEA.
Your Rights under the CCPA
You have the following rights:
The right to notice. You must be properly notified
which categories of Personal Data are being collected and the purposes
for which the Personal Data is being used.
The right to access / the right to request. The CCPA
permits You to request and obtain from the Company information regarding
the disclosure of Your Personal Data that has been collected in the past
12 months by the Company or its subsidiaries to a third-party for the
third party's direct marketing purposes.
The right to say no to the sale of Personal Data. You
also have the right to ask the Company not to sell Your Personal Data to
third parties. You can submit such a request by visiting our "Do
Not Sell My Personal Information" section or web page.
The right to know about Your Personal Data. You have
the right to request and obtain from the Company information regarding
the disclosure of the following:
- The categories of Personal Data collected
- The sources from which the Personal Data was collected
The business or commercial purpose for collecting or selling the
Categories of third parties with whom We share Personal Data
- The specific pieces of Personal Data we collected about You
The right to delete Personal Data. You also have the
right to request the deletion of Your Personal Data that have been
collected in the past 12 months.
The right not to be discriminated against. You have the
right not to be discriminated against for exercising any of Your
Consumer's rights, including by:
- Denying goods or services to You
Charging different prices or rates for goods or services,
including the use of discounts or other benefits or imposing
Providing a different level or quality of goods or services to
Suggesting that You will receive a different price or rate for
goods or services or a different level or quality of goods or
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if you are a
California resident, You can email or call us or visit our "Do Not Sell
My Personal Information" section or web page.
The Company will disclose and deliver the required information free of
charge within 45 days of receiving Your verifiable request. The time period
to provide the required information may be extended once by an additional 45
days when reasonable necessary and with prior notice.
Do Not Sell My Personal Information
We do not sell personal information. However, the Service Providers we
partner with (for example, advertising partners) may use technology on the
Service that "sells" personal information as defined by the CCPA
If you wish to opt out of the use of your personal information for
interest-based advertising purposes and these potential sales as defined
under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may
need to opt out on every browser that you use.
You can opt out of receiving ads that are personalized as served by our
Service Providers by following our instructions presented on the Service:
- From Our "Cookie Consent" notice banner
- Or from Our "CCPA Opt-out" notice banner
Or from Our "Do Not Sell My Personal Information" notice
- Or from Our "Do Not Sell My Personal Information" link
The opt out will place a cookie on Your computer that is unique to the
browser You use to opt out. If you change browsers or delete the cookies
saved by your browser, you will need to opt out again.
Your mobile device may give you the ability to opt out of the use of
information about the apps you use in order to serve you ads that are
targeted to your interests:
"Opt out of Interest-Based Ads" or "Opt out of Ads
Personalization" on Android devices
- "Limit Ad Tracking" on iOS devices
You can also stop the collection of location information from Your mobile
device by changing the preferences on your mobile device.
"Do Not Track" Policy as Required by California Online Privacy
Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing
activities. If You are visiting such websites, You can set Your preferences
in Your web browser to inform websites that You do not want to be tracked.
You can enable or disable DNT by visiting the preferences or settings page
of Your web browser.
The Service may contain content appropriate for children under the age of
13. As a parent, you should know that through the Service children under the
age of 13 may participate in activities that involve the collection or use
of personal information. We use reasonable efforts to ensure that before we
collect any personal information from a child, the child's parent receives
notice of and consents to our personal information practices.
We also may limit how We collect, use, and store some of the information of
Users between 13 and 18 years old. In some cases, this means We will be
unable to provide certain functionality of the Service to these Users. If We
need to rely on consent as a legal basis for processing Your information and
Your country requires consent from a parent, We may require Your parent's
consent before We collect and use that information.
We may ask a User to verify its date of birth before collecting any personal
information from them. If the User is under the age of 13, the Service will
be either blocked or redirected to a parental consent process.
Information Collected from Children Under the Age of 13
The Company may collect and store persistent identifiers such as cookies or
IP addresses from Children without parental consent for the purpose of
supporting the internal operation of the Service.
We may collect and store other personal information about children if this
information is submitted by a child with prior parent consent or by the
parent or guardian of the child.
The Company may collect and store the following types of personal
information about a child when submitted by a child with prior parental
consent or by the parent or guardian of the child:
- First and/or last name
- Email address
- Telephone number
- Parent's or guardian's name
- Parent's or guardian's email address
- FCC Registration Number
- Exam and Usage Data
For further details on the information We might collect, You can refer to
information collected from and about children.
A parent who has already given the Company permission to collect and use his
child personal information can, at any time:
- Review, correct or delete the child's personal information
Discontinue further collection or use of the child's personal
To make such a request, You can write to Us using the contact information
Your California Privacy Rights (California's Shine the Light law)
Under California Civil Code Section 1798 (California's Shine the Light law),
California residents with an established business relationship with us can
request information once a year about sharing their Personal Data with third
parties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the
Light law, and if you are a California resident, You can contact Us using
the contact information provided below.
California Privacy Rights for Minor Users (California Business and
Professions Code Section 22581)
California Business and Professions Code section 22581 allow California
residents under the age of 18 who are registered users of online sites,
services or applications to request and obtain removal of content or
information they have publicly posted.
To request removal of such data, and if you are a California resident, You
can contact Us using the contact information provided below, and include the
email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive
removal of content or information posted online and that the law may not
permit or require removal in certain circumstances.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us.
If You click on a third party link, You will be directed to that third
site You visit.
We have no control over and assume no responsibility for the content,
privacy policies or practices of any third party sites or services.
We will let You know via email and/or a prominent notice on Our Service,
prior to the change becoming effective and update the "Last