Updated May 2021
Table of Contents
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- Collecting and Using Information
- Your Personal Data and Your Rights–United States Only
- Your Personal Data and Your Rights–Europe and the United Kingdom Only
- Advertising and Marketing Choices
- Third Party Links
- Minimum Age
- How to Contact Us
Except where indicated below, it is the policy of the BACB not to release confidential applicant or certificant information unless such information relates to any of the following:
- BACB disciplinary or ethics review or enforcement;
- verifying the accuracy of information provided to the BACB;
- requests by a governmental licensing board or agency, law enforcement authority, other government agency, or court of law; or
- a proper subpoena.
Additionally, the BACB may publish information or disclose information as identified in the following:
- BACB Certificant Registry
- Verify BACB Certification webpage
- Mass Email Service webpage
- Code Enforcement Procedures
- Disciplinary Actions webpage
- University Pass Rates webpage
- Approved Continuing Education Provider Directory
- Global Certification webpage
2. Collecting and Using Information
Personal Data the BACB Collects Online
Through your use of the Site and Services, the BACB may collect Personal Data from you. “Personal Data” refers to any information relating to an identified or identifiable natural person that the BACB maintains and makes available.
Information You Provide
When you use the Site or Services, you may voluntarily provide the BACB with the following types of Personal Data:
- Account. If you create an account for any of the BACB’s Services, you will provide the BACB with your email address and password. When you log in to your Account, you will provide the BACB with your email address and password. In your account, you may provide the BACB with demographic data, as well as information pertaining to your supervisees or supervisors, if applicable.
- BACB Contact Forms. The BACB may add or remove contact forms at will and without notice. Information collected through those forms will be clearly conveyed and may include your first and last name, email address, and any other Personal Data that you may voluntarily provide.
- Certificant Registry. The information you provide when searching the the BACB’s Certificant Registry may be your own information or the information of a third party. If you search the Certificant Registry, you will provide the BACB with a first and last name, zip code, and state or territory of residence. Please see “Third Party Information” for more information.
- Contact Us. When you use the “Contact Us” form, you will provide the BACB with your first and last name, email address, phone number, and any other Personal Data that you may voluntarily provide.
- Fact-Check Request. If you are an author using the BACB’s Site to verify or double check the accuracy of your work, you will provide the BACB with your first and last name, email address, and any other Personal Data that you may voluntarily provide.
- Future Blog Ideas. If you submit an idea for a future blog, you will provide the BACB with your first and last name, email address, and any other Personal Data that you may voluntarily provide.
- Interact with the BACB’s Sites or Services. When you send the BACB any feedback, questions, comments, suggestions, ideas, or interact with the BACB in any way, you may need to provide the BACB with your log-in information, name and/or email address.
- Regulatory Contact Form. If you use the BACB’s Regulatory Contact Form, you will provide the BACB with your first and last name, email address, licensing board affiliation, phone number, and any other Personal Data that you may voluntarily provide.
- Reporting an Alleged Violation. If you report an alleged violation by a any applicant, certificant, or ACE provider, you will provide the BACB with your first and last name, email address, phone number and any other Personal Data that you may voluntarily provide. You will also provide the BACB with the subject’s first and last name, credential, city/state/country of the alleged violation and any other Personal Data that you may voluntarily provide about the subject. If you report an alleged violation against any level certificant where the supporting documentation is publicly available, you will provide the BACB with the subject’s first and last name, certification number, and any other Personal Data that you may voluntarily provide about the subject.
- Reporting Falsified Credentials. If you report an act of infringement or misuse, you will provide the BACB with your first and last name, email address, and any other Personal Data that you may voluntarily provide in your description of the issue.
- Responding to Requests from the Ethics Department. If you use the BACB’s Site to respond to a request from the Ethics Department related to (1) disciplinary consequence fulfillment, (2) required educational actions, (3) updates regarding a submission, or (4) any other information related to Ethics enforcement, you will provide the BACB with your first and last name, email address, and any other Personal Data that you may voluntarily provide.
- Verification Letter Request. The information you provide when requesting a verification may be your own information or the information of a third party. If you submit a request to receive a written verification of a current certificant’s status, you will provide the BACB with your first and last name, email address, and any other Personal Data that you may voluntarily provide. You will also provide the BACB with the certificant’s last name and BACB ID or Certification number.
We also may receive your Personal Data in other ways, such as:
- Applications and supporting documentation necessary for you to be certified or to maintain certification.
- Applications to sit for an examination.
- Verbal communications between you and BACB personnel.
- Applications and supporting documentation for other BACB services, such as, becoming an approved continuing education provider.
- Inquiries about the status of an application you have submitted to the BACB.
- Documentation of ethical compliance, including, required information that you report to the BACB.
- Notices of alleged violation and related correspondence (responses to notices, outcomes of investigations).
- Listserv correspondence.
- Information you submit to a BACB vendor (processor), such as, information provided to the BACB’s testing vendor to register for the examination administration.
- Information collected by a BACB vendor, such as, biometric information required for your admission to a BACB testing site.
Information as You Navigate the Site
The BACB automatically collects certain Personal Data through your use of the Site and Services, such as the following:
- Usage Information. The BACB collects information available to the BACB through Google Analytics relating to the internet protocol (IP) address you use to access the BACB website and your BACB account. This may include the collection and analysis of cookies, which pages on the Site you access, the frequency of access, and what you click on while on the Site. This also may include anonymous statistical data about your browsing history.
- Device-Related Information. The BACB may collect information about the device you are using, such as hardware model, operating system, application version number, and browser.
- Mobile Device Information. In addition to the Device Information listed above, when you access the BACB’s Site via a browser on your mobile device, the BACB may collect and aggregate information about whether you are accessing the Site via a mobile device or tablet, device type, and carrier.
- Location Information. The BACB may collect geographic location information from Site visitors.
How the BACB Uses Personal Data
The BACB uses the Personal Data the BACB collects to provide the Services to you, to improve the BACB’s Services and Site, and to protect the BACB’s legal rights. In addition, the BACB may use the Personal Data the BACB collects to:
- Process your application or administer an examination to you;
- Maintain, renew, or recertify your certification;
- Process your Account registration;
- Email you the BACB’s Newsletter;
- Communicate with you about the BACB’s Site or Services or to inform you of any changes to the BACB’s Site or Services;
- Provide support;
- Maintain and improve the BACB’s Site and Services;
- Defend the BACB’s legal rights and the rights of others;
- Assess the accessibility and user-related preferences of the BACB’s Site and your BACB account;
- Maintain the BACB’s business; and
- Comply with applicable law.
How the BACB Shares Your Personal Data
The BACB requires all current and former certificants, approved continuing education providers, and individuals with reportable disciplinary history to be listed on the Site. When you request a service from the BACB, such as, to become certified, approved, or verified, you consent to such publication on the BACB’s website.
Additionally, to process your application or as you navigate the BACB’s Site, the BACB may provide information about you to certain BACB vendors (processors). A list of BACB vendors is available and is updated on an annual basis.
The BACB reserves the right to transfer your Personal Data to third parties (including other processors) in the event of the following:
- the BACB is legally required to share the Personal Data with a third party, such as, under subpoena;
- the BACB has committed to sharing the Personal Data, such as, disclosure of disciplinary matters to regulators and responding to requests from an official governmental agency;
- the BACB transfers BACB business functions to a third-party;
- the BACB is acquired by a third-party;
- the BACB determines to do so:
- in connection with any legal proceedings or prospective legal proceedings;
- to establish, exercise, or defend the BACB’s legal rights, including providing Personal Data to others for the purposes of fraud prevention;
- to any person who the BACB reasonably believe may apply to a court or other competent authority for disclosure of that Personal Data where, in the BACB’s reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personal Data;
- to any other person or entity as part of any business or asset sale; and
- to any other person or entity where you consent to the disclosure.
Even if you delete your account, the deletion by the BACB’s third-party providers may not be immediate and the deleted information may persist in backup copies for a reasonable period of time.
Cookies and Other Tracking Technologies
“Do Not Track” Signals
Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret or respond to “Do Not Track” signals or alter its practices when it receives “Do Not Track” signals.
3. Your Personal Data and Your Rights–UNITED STATES ONLY
The BACB respects your rights in how your Personal Data is used and shared. You may request to review and make changes to your Personal Data and make choices about the kinds of marketing materials you receive (or choose not to receive marketing materials from the BACB at all) by contacting the BACB as described in the How to Contact Us section below.
California “Shine the Light” Law
The BACB does not disclose personal information obtained through the BACB’s Site or Services to third parties for their direct marketing purposes. Accordingly, California Civil Code § 1798.83 is not applicable to your use of the Site.
Notice to Nevada Residents
Nevada law allows Nevada residents to opt out of the sale of certain types of personal information. Subject to a number of exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. The BACB does not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt out of sales and the BACB will record your instructions and incorporate them in the future if the BACB’s policy changes. Opt-out requests may be sent using the information available in the How to Contact Us section below.
4. Your Personal Data and Your Rights–EUROPE AND THE UNITED KINGDOM ONLY
Legal Bases for Processing Your Personal Information
If you are located in a country in the European Union or in the United Kingdom, you are entitled to an explanation of the legal bases the BACB relies on to process your Personal Data. The legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which the BACB collects it, which is discussed below.
The BACB may process your Personal Data based on your consent such as when you ask the BACB to send you certain kinds of marketing communications. You have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on consent before its withdrawal.
The BACB’s Legitimate Interests
The BACB may process your Personal Data if doing so is pursuant to the BACB’s legitimate interests and your rights as an individual do not override those legitimate interests. For example, the BACB may process your Personal Data to carry out fraud prevention activities and activities to increase network and information security, identify usage trends, determine the effectiveness of promotional campaigns, expand the BACB’s business activities and improve the BACB’s services and the content and functionality of the BACB’s Site.
To Perform a Contract
The BACB may process your Personal Data to administer and fulfill contractual obligations to you.
To Enable the BACB to Comply with a Legal Obligation
The BACB may process your Personal Data to comply with legal obligations to which the BACB is subject. This may include any requirement to produce audited accounts, any legal obligation to share information with law enforcement agencies, public or governmental authorities, and to comply with legal process.
Necessary for the Exercise or Defense of Legal Claims
If you bring a claim against the BACB or the BACB brings a claim against you, the BACB may process your Personal Data in relation to that claim.
The BACB is the Data Controller of all Personal Data collected from residents of the European Union or the United Kingdom. If you have any questions about or need further information concerning the legal basis on which the BACB collects and uses your Personal Data for any specific processing activity, please contact the BACB using the How to Contact Us section below.
If you are an individual in a country in the European Union or the United Kingdom, you have the right to make requests to:
- Access the Personal Data the BACB keeps about you;
- Rectify inaccurate Personal Data;
- Place restrictions on the BACB’s use of your Personal Data;
- Object to the BACB’s use of your Personal Data;
- Ask the BACB to delete the Personal Data about you the BACB hold;
- Have your Personal Data transferred to you or another party of your choosing; and
- Make a complaint to the relevant supervising authority.
The BACB describes these rights more fully below.
Asking the BACB to Access Your Personal Data
Asking the BACB to Rectify Your Personal Data
You have the right to ask the BACB to rectify any inaccurate Personal Data about you and to have incomplete Personal Data completed.
Asking the BACB to Restrict the BACB’s Use of Your Personal Data
You have the right to ask the BACB to place a restriction on the BACB’s use of your Personal Data if one of the following applies to you:
- You contest the accuracy of the information that the BACB holds about you, while the BACB verifies its accuracy;
- The BACB has used your information unlawfully, but you request the BACB to restrict its use instead of erasing it;
- The BACB no longer needs the information for the purpose for which the BACB collected it, but you need it to address a legal claim; or
- You have objected to the BACB using your information, while the BACB checks whether the BACB’s legitimate grounds override your right to object.
Objecting to the BACB’s Use of Your Personal Data
You have the right to object to the BACB’s use of your Personal Data where the BACB’s reason for using it is based on the BACB’s legitimate interests or your consent (rather than when the reason for using it is to perform an obligation due to you under a contract with the BACB).
Asking the BACB to Delete Your Personal Data
You can ask the BACB to delete your Personal Data if:
- The BACB no longer needs it for the purposes for which it was collected;
- The BACB has been using it with no valid legal basis;
- The BACB is obligated to erase it to comply with a legal obligation to which the BACB is subject;
- The BACB needs your consent to use the information and you withdraw consent;
- You object to the BACB processing your Personal Data where the BACB’s legal basis for doing so is the BACB’s legitimate interests and there are no overriding legitimate grounds for the processing.
However, this right is not absolute. Even if you make a request for deletion, the BACB may need to retain certain information for legal or administrative purposes, such as record keeping, maintenance of opt-out requirements, defending or making legal claims, reporting disciplinary/ethical actions, reporting your certification history, or detecting fraudulent activities. The BACB will retain information in accordance with the How Long Is Your Personal Data Retained section below.
If you do exercise a valid right to have your Personal Data deleted, please keep in mind that deletion by third parties to whom the information has been provided might not be immediate and that the deleted information may persist in backup copies for a reasonable period (but will not be available to others).
The Right to Transfer Your Personal Data to Another Service Provider
You may request that the BACB transfer some of the Personal Data you have provided to you or another service provider in electronic copy. This applies to Personal Data the BACB is processing to service a contract with you and to Personal Data the BACB is processing based on your consent.
Making a Complaint
If you have any concerns or complaints regarding the BACB’s processing of your Personal Data, please contact the BACB using the How to Contact Us section below. If, for whatever reason, you feel the BACB does not meet the standards you expect, you are also entitled to make a complaint to your local supervisory authority:
- EU Data Protection Authorities (DPAs)
- Swiss Federal Data Protection and Information Commissioner (FDPIC)
How Long Is Your Personal Data Retained?
Except for information available via Google Analytics, the BACB retains information you provide to the BACB as follows:
- Initial, renewal, and recertification applications; continuing education provider applications; and related correspondence–up to seven (7) years following the conclusion of your status with the BACB as an applicant, certificant, or approved continuing education provider;
- Disciplinary case history and reportable sanctions–permanently, to the extent permitted by law, which shall be a minimum of seven (7) years from your expiration of certification or completion of all sanctions issued by the BACB; and
- Listserv participation – up to fourteen (14) years following the closure of the list.
The information may be retained on the BACB’s servers or the servers of BACB vendors, such as, the approved testing administrator.
5. Advertising and Marketing Choices
Depending on your location (and reflecting applicable law), you may have been asked to: (i) indicate your preferences, (ii) provide the BACB with your consent regarding the receipt of such information from the BACB, and (ii) indicate how you would like to be contacted.
Wherever you are located, the BACB will send you marketing communications based on any preferences you may have expressed.
The BACB only wants to send you information in which you are interested. If you do not want to receive these communications or would like to understand more about other unsubscribe options, please contact the BACB as set out in the How to Contact Us section below. For mass-email communications, you can opt out and/or manage your preferences by indicating them in your BACB Account.
6. Third Party Links
The BACB adheres to customary industry practices to ensure the security of information that you provide to the BACB and information about you that is collected by the BACB. This includes, firewall protocols, staff training, and independent audits to help identify any unknown vulnerabilities. Since you may communicate with the BACB via the internet, the BACB is unable to warrant or guarantee the security of transmissions of information to or from the BACB via the internet. You communicate with the BACB at your own risk.
8. Minimum Age
The Site and Services are not intended for children under 16 years of age. The BACB does not knowingly collect, use, or disclose personal information from children under 16.
9. How to Contact Us
For questions or concerns about the BACB’s privacy policies or practices, please contact the BACB at:
- Behavior Analyst Certification Board, Inc.
- Attention: Privacy Committee
- 7950 Shaffer Parkway
- Littleton, CO 80127 USA
- E-Mail: click here